 It is less clear whether a view like Gilbert’s (2018) is under- or overinclusive from the commonsense point of view. Making a joint commitment requires exercising sophisticated cognitive capacities. If only those who actually make joint commitments (to recognize the rights associated with FMS) thereby get such rights, then the view is even more underinclusive than those described in 5.1, since not all those who can make such joint commitments actually do so (pp. 341–342). However, if the recipients of rights do not need to be members of the joint commitment that bestows such rights on them, then the view could end up being overinclusive – the rights associated with FMS could be extended to anencephalics and all animals.