Modal Personhood and Moral Status: A Reply to Kagan's Proposal

Kagan argues that human beings who are neither persons nor even potential persons if their impairment is independent of genetic constitution are modal persons: individuals who might have been persons. Moreover, he proposes a view according to which both (actual) personhood and modal personhood are sufficient for counting more, morally, than nonhuman animals. In response to this proposal, I raise one relatively minor concern about Kagan's reasoning that he judges too quickly that insentient beings can have interests before engaging the appeal to modal personhood. I challenge the thesis that modal personhood is relevant to one's moral status, first, by way of analogy to a kicker who misses a field goal though he might have made it; second, by casting doubt on implications for two impaired infants (only one of whom might have been a person); and, finally, by examining implications for dogs who would count as modal persons when genetic enhancements are capable of transforming them into persons.