Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a (...) collectivized version of the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

The article defends the no-harm principle as an intuitively plausible and a common-sense way to justify individual emitters’ duties to take more radical steps in the fight against climate change. The appearance of climate change as requiring large-scale collective action should not lead us astray with respect to the fundamental moral nature of the problem: individual emitters who knowingly sustain and foster the carbon intensive ways of acting also bear personal moral responsibility for the foreseeable climate-related (...) class='Hi'>harm and acquire in line with the no-harm principle a direct personal duty to contribute to the efforts of preventing the harm. The article examines more closely the so-called collectivistic approach, according to which emitters’ responsibilities are primarily collective, and argues that without individualistic grounds of emitters’ personal moral responsibility for the harm the collectivistic approach fails to provide unstructured emitters with sufficient reason to act together and fulfil their correlative duty of effective harm prevention. The article argues that since an emitter's personal moral responsibility warrants others to expect her personal engagement in the efforts of effective harm prevention and can justify blame if she fails, identifications of personal responsibility may also significantly increase unstructured emitters’ collective capability of remedying the climate crisis. (shrink)

1. This paper investigates the viability of the harm principle (HP) to justify restricting consumer freedom regarding the purchase of products, such as meat, that require intense use of antibiotics...

In his important recent book, Aaron James has defended a principle ? Collective Due Care ? for determining when a form of economic integration is morally objectionable because it causes unjustified harm (including unemployment, wage suppression and diminished working conditions). This essay argues that Collective Due Care would yield implausible judgements about trade practices and would be too indeterminate to play the practical role for which it is intended.

During the last two decades virtue ethics has become the focal point of renewed ethical and theological interest. To lead a good life, it proves useful to watch those who have mastered the art of living. The conviction that living is an art is at the heart of virtue ethics. Living a good life requires exercise, and is a question of acquiring a virtuous character rather than of complying with external ethical and legal rules. This renaissance partly builds on Thomas (...) Aquinas. He in turn recovered Aristotelian, Ciceronian and Augustinian thought on virtue ethics. The interpretation and development of virtues and vices form the core of his authorship, as the 'secunda pars' of his 'Summa Theologiae' readily displays. And yet, the most important virtues for him are not the moral ones, such as Justice, Temperance, Prudence and Fortitude, but those virtues that are both infused by and aimed at God: Faith, Hope and Love. These are virtues that the philosophers of antiquity were not aware of. To account for them, Aquinas had to adapt the classical understanding of virtues. For Aquinas, the moral virtues come to full fruition only when they are embedded in a life before God, a life lived exercising the God given theological virtues. By ignoring Faith, Hope and Love, the present discussion of virtue ethics not only ignores those virtues that were for Aquinas of utmost importance, but also fails to arrive at a complete understanding of his view of the moral virtues. (shrink)

In legal decisions standpoints can be supported by formal and also by substantive interpretative arguments. Formal arguments consist of reasons the weight or force of which is essentially dependent on the authoritativeness that the reasons may also have: In this connection one may think of linguistic and systemic arguments. On the other hand, substantive arguments are not backed up by authority, but consist of a direct invocation of moral, political, economic, or other social considerations. Formal arguments can be analyzed as (...) exclusionary reasons: The authoritative character excludes—in principle—substantial counterarguments. Formal arguments are sometimes used to conceal value judgements based on substantial arguments. This paper deals with reconstructing problems regarding this strategic use of formal arguments in legal decisions, with a focus on linguistic argumentation. (shrink)

Philosophers spend a lot of time worrying about rules. We worry about how one ought to live, about the rules of justification for beliefs and actions, about what it would be like if the rules of reason were rigorously followed, about what the rules are for scientific enquiry, about which rules govern the meaning of signs and the intentions of agents, and so on. Sometimes, we argue that there are no such rules as most of us want to believe there (...) are, rules which apply to all of us collectively and to each of us individually, which are beyond our ability to change, and whose violation is in some simple sense wrong. To this we often respond that without such rules we are all made somehow less, that our normative deliberations are a sham, or even that the whole business of living becomes somehow pointless. (shrink)

The terms 'transcendence' and 'immanence' are often used casually and as self-evident. The spatial imagery contained in their meaning determines the way they are understood and used: as opposites, like 'there' and 'here'. As a consequence, the two concepts are seen as mutually exclusive when applied to God's being and to his activity and presence in our world and in our history. This view on the relationship between God and world is characteristic not only of deism and pantheism, but also (...) of theism. However, in the view of Thomas Aquinas, such an opposition cannot adequately capture the central tenets of the Christian faith. This book explores Aquinas' thought on transcendence and immanence in his discussions of creation, analogy, the Trinity, grace and Christ, and offers interpretations in which God's transcendence and his immanence do not exclude but imply one another. >br/>The papers contained in this volume were originally presented at the third international conference of the Thomas Instituut at Utrecht in 2005. (shrink)

This book is devoted to the so-called moral virtues, especially those moral virtues of which Christian tradition upholds that they are given by God to the faithful. For instance patience, humility and justice. There are not only different interpretations of these infused moral virutes, but it is also not unambiguous in the theology of Aquinas how these virtues are related to the virtues human beings acquire on their own accord. What is the relationship with Scripture, how do these virtues clour (...) the imitation of Christ, and what do these virtues tell about the moral life of non-Christians? (shrink)

Information about the environment is captured in human biological systems on a variety of interacting levels – in distributions of genes, linguistic particulars, concepts, methods, theories, preferences, and overt behaviors. I investigate some of the basic principles which govern such a hierarchy by constructing a comparatively simple three-level selection model of bee foraging preferences and behaviors. The information-theoretic notion of ''''mutual information'''' is employed as a measure of efficiency in tracking a changing environment, and its appropriateness in epistemological applications is (...) discussed at some length. In particular, information accumulated in mid-level preference distributions exhibits suggestive properties for the purposes of naturalistic epistemology. It also appears that the novelty of scientific objects and representations and the rapidity of scientific change relative to genetic change need present no obstacle to the use of such models in explanations of scientific progress and the reliability of scientific judgement. (shrink)

The topics of ethical conduct and governance in academic research in the business field have attracted scientific and public attention. The concern is that research misconduct in organizations such as business schools and universities might result in practitioners, policymakers, and researchers grounding their decisions on biased research results. This study addresses ethical research misconduct by investigating whether the ethical orientation of business researchers is related to the likelihood of research misconduct, such as selective reporting of research findings. We distinguish between (...) deontological and consequentialist ethical orientations and the competition between researchers and investigate the moderating role of their perceived autonomy. Based on global data collected from 1031 business scholars, we find that researchers with a strong deontological ethical orientation are less prone to misconduct. This effect is robust against different levels of perceived autonomy and competition. In contrast, researchers having a consequentialist ethical orientation is positively associated with misconduct in business research. High levels of competition in the research environment reinforce this effect. Our results reveal a potentially toxic combination comprising researchers with a strong consequentialist orientation who are embedded in highly competitive research environments. Our research calls for the development of ethical orientations grounded on maxims rather than anticipated consequences among researchers. We conclude that measures for ethical governance in business schools should consider the ethical orientation that underlies researchers’ decision-making and the organizational and institutional environment in which business researchers are embedded. (shrink)

This book collects a selection of the studies that were presented (Peeters 2001).

Some instances of right and wrongdoing appear to be of a distinctly collective kind. When, for example, one group commits genocide against another, the genocide is collective in the sense that the wrongness of genocide seems morally distinct from the aggregation of individual murders that make up the genocide. The problem, which I refer to as the problem of collective wrongs, is that it is unclear how to assign blame for distinctly collective wrongdoing to individual contributors (...) when none of those individual contributors is guilty of the wrongdoing in question. I offer Christopher Kutz’s Complicity Principle as an attractive starting point for solving the problem, and then argue that the principle ought to be expanded to include a broader and more appropriate range of cases. The view I ultimately defend is that individuals are blameworthy for collective harms insofar as they knowingly participate in those harms, and that said individuals remain blameworthy regardless of whether they succeed in making a causal contribution to those harms. (shrink)

This paper challenges one line of argument which has been advanced to justify imposing risks of collateral harm on prospective beneficiaries of armed humanitarian interventions. This argument - the ‘Beneficiary Principle’ - holds that non-liable individuals’ immunity to being harmed as a side effect of just armed humanitarian interventions may be diminished by their prospects of benefiting from the intervention. Against this, I defend the view that beneficiary status does not morally distinguish beneficiaries from other non-liable individuals in (...) such a way as to permit exposing them to greater risks of being harmed. The argument proceeds in four steps. I first show that the BP can neither be grounded in liability-based nor in lesser-evil justifications for harming. I then argue that a standalone justification for unintended harming based on beneficiary status would face at least two critical challenges. The first concerns the BP’s applicability to collectives; the second questions the normative weight we can plausibly ascribe to beneficiary status when beneficiaries are such by virtue of being victims of wrongful threats of harm. I argue that standing to benefit is morally irrelevant when the benefit consists in the mitigation or prevention of wrongful harms, and consequently suggest that the BP may only serve as a distributive principle in allocating risks of harm if it is disambiguated in a number of critical aspects and applied in a more narrowlydefined set of circumstances. (shrink)

In his paper ‘A libertarian case for mandatory vaccination’, Jason Brennan argues that even libertarians, who are very averse to coercive measures, should support mandatory vaccination to combat the harmful disease outbreaks that can be caused by non-vaccination. He argues that libertarians should accept the clean hands principle, which would justify mandatory vaccination. The principle states that there is a (sometimes enforceable) moral obligation not to participate in collectively harmful activities. Once libertarians accept the principle, they will (...) be compelled to support mandatory vaccination. In my paper, I argue that the cases Brennan uses to justify this principle are disanalogous to the case of non-vaccination and that they are not compelling to libertarians. The cases Brennan offers can be explained by a libertarian using the individual sufficiency principle: which states that if an individual’s action is sufficient to cause harm, then there is a (sometimes enforceable) moral obligation not to carry out that action. I argue that this principle is more appropriate to Brennan’s examples, and more appealing to the libertarian, than the clean hands principle. In order to get libertarians to accept the clean hands principle, I present a modified version of one of Brennan’s cases that is analogous to the case of non-vaccination. Using this case, I argue that whether the clean hands principle will justify mandatory vaccination is dependent on whether the herd immunity rate in a given population is approaching a threshold after which a collective risk of harm will be imposed onto others. (shrink)

This volume draws on a range of approaches in order to explore the problem and determine what ought to be done about allegedly harmful speech.Most liberal societies are deeply committed to a principle of free speech. At the same time, however, there is evidence that some kinds of speech are harmful in ways that are detrimental to important liberal values, such as social equality. Might a genuine commitment to free speech require that we legally permit speech even when it (...) is harmful, and even when doing so is in conflict with our commitment to values like equality? Even if such speech is to be legally permitted, does our commitment to free speech allow us to provide material and institutional support to those who would contest such harmful speech? And finally, and perhaps most importantly, which kinds of speech are harmful in ways that merit response, either in the form of legal regulation or in some other form? This collection explores these and related questions. Drawing on expertise in philosophy, sociology, political science, feminist theory, and legal theory, the contributors to this book investigate these themes and questions. By exploring various categories of speech (including pornography, hate speech, Holocaust denial literature, 'Whites Only' signs), and attending to the precise functioning of speech, the essays contained here shed light on these questions by clarifying the relationship between speech and harm. Understanding how speech functions can help us work out which kinds of speech are harmful, what those harms are, and how the speech in question brings them about. All of these issues are crucially important when it comes to deciding what ought to be done about allegedly harmful speech. (shrink)

Harmful but culturally cherished practices often endure in spite of the damages they cause. Meat consumption is increasingly becoming one of such cases and may provide an opportunity from which to observe these phenomena. Growing evidence indicates that current and projected production and consumption patterns are important contributors to significant environmental problems, public health degradation, and animal suffering. Our aim is to contribute to a further understanding of the psychological factors that may hinder or promote personal disposition to change food (...) habits to benefit each of these domains. Drawing from previous evidence, this study explores the proposition that some consumers are motivated to resort to moral disengagement strategies when called upon to consider the impacts of their food habits. Data were collected from six semi-structured focus groups with a sample of 40 participants. Although affirming personal duties towards preserving the environment, promoting public health, and safeguarding animal welfare, participants did not show personal disposition to change their meat consumption habits. Several patterns of response that resonate with the principles of moral disengagement theory were observed while discussing impacts and the possibility of change. Results seem to support the proposition that the process of moral disengagement may play a role in hindering openness to change food habits for the benefit of the environment, public health, and animals, and point towards the relevance of further exploring this approach. (shrink)

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction by (...) one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

Many environmental harms are produced by the consequences of too many people doing acts which taken together have collective bad consequences, e.g. overuse of an underground aquifer or acid rain 'killing' a lake. If such acts are wrong, what should a conscientious moral agent do in such circumstances? Examples of such harms have the general feature that they are produced by individual acts, which taken by themselves may be innocent and morally permissible, but which have disastrous consequences when too (...) many people perform them. Philosophers once thought that the generalisation argument, "If the consequences of everyone's doing acts of kind a are undesirable, then no one ought to do a," was the appropriate principle to guide a conscientious moral agent in such circumstances. However, there has been considerable literature discussing the shortcomings of this principle. Nevertheless, a proper understanding of the GA suggests that whole groups of people have collective duties to prevent such harms, which duties then provide clues to individual duties to protect the environment. In this paper I consider some major deficiencies of the generalisation argument, the collective duty which follows from the salvageable part of the argument, and the distribution of individual duties a conscientious moral agent has with regard to such environmental harms as a consequence. These duties turn out to be peculiarly political in nature with the result that conscientious moral agents may have a number of political duties to protect the environment heretofore unrealised. (shrink)

When comparing alternative courses of action, modern military decision makers often must consider both the military effectiveness and the ethical consequences of the available alternatives. The basis, design, calibration, and performance of a principles-based computational model of ethical considerations in military decision making are reported in this article. The relative ethical violation (REV) model comparatively evaluates alternative military actions based upon the degree to which they violate contextually relevant ethical principles. It is based on a set of specific ethical principles (...) deemed by philosophers and ethicists to be relevant to military courses of action. A survey of expert and non-expert human decision makers regarding the relative ethical violation of alternative actions for a set of specially designed calibration scenarios was conducted to collect data that was used to calibrate the REV model. Perhaps unsurprisingly, the survey showed that people, even experts, disagreed greatly amongst themselves regarding the scenarios’ ethical considerations. Despite this disagreement, two significant results emerged. First, after calibration the REV model performed very well in terms of replicating the ethical assessments of human experts for the calibration scenarios. The REV model outperformed an earlier model that was based on tangible consequences rather than ethical principles, that earlier model performed comparably to human experts, the experts outperformed human non-experts, and the non-experts outperformed random selection of actions. All of these performance comparisons were measured quantitatively and confirmed with suitable statistical tests. Second, although humans tended to value some principles over others, none of the ethical principles involved—even the principle of not harming civilians—completely overshadowed all of the other principles. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported (...) by human rights principles. One finds that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

In October 2013, the Declaration of Helsinki was revised a seventh time in its 50 year history. While it is the most widely accepted set of ethical principles for the protection of patients participating in medical research, the Declaration of Helsinki has also been subject of constant controversy. In particular, its paragraph on the use of placebo controls in clinical trials divides the research community into active-control and placebo orthodox proponents, both continuously demanding revisions of the Declaration of Helsinki in (...) favour of their position. The goal of the present project is to compare the mainly theoretical controversy with regulatory implementation. We distributed a questionnaire to national drug regulatory authorities from different countries to collect information on the authorities’ respective approaches to interpretation and implementation of the Declarations’ placebo paragraph in the conduct of medical research. Our findings suggest that the majority of drug regulatory authorities have established a practice of a middle ground, allowing placebo controls in some instances. Various interpretations of “serious harm” and “methodological reasons” are proposed as well as safeguards to avoid abuse of the option to use placebo-controls. Leaving the placebo paragraph open to various interpretation is a result of the Declaration of Helsinki’s character as a guidance document. With the current version controversy will continue. The Declaration should be continued to be strengthened to enforce the appreciation of conducting medical research with the highest ethical standard. (shrink)

The basic idea underlying a precautionary principle is often summarized as “better safe than sorry.” Even if it is uncertain whether an activity will lead to harm, for example, to the environment or to human health, measures should be taken to prevent harm. This demand is partly motivated by the consequences of regulatory practices of the past. Often, chances of harm were disregarded because there was no scientific proof of a causal connection between an activity or (...) substance and chances of harm, for example, between asbestos and lung diseases. When this connection was finally established, it was often too late to prevent severe damage. However, it is highly controversial how the vague intuition behind “better safe than sorry” should be understood as a principle. As a consequence, we find a multitude of interpretations ranging from decision rules over epistemic principles to procedural frameworks. To acknowledge this diversity, it makes sense to speak of precautionary principles (PPs) in the plural. PPs are not without critices. For example, it has been argued that they are paralyzing, unscientific, or promote a culture of irrational fear. This article systematizes the different interpretations of PPs according to their functions, gives an overview about the main lines of argument in favor of PPs, and outlines the most frequent and important objections made to them. (shrink)

This paper discusses the inefficacy problem that arises in contexts of “collective harm.‘ These are contexts in which by acting in a certain sort of way, people collectively cause harm, or fail to prevent it, but no individual act of the relevant sort seems to itself make a difference. The inefficacy problem is that if acting in the relevant way won’t make a difference, it’s unclear why it would be wrong. Each individual can argue, “things will be (...) just as bad whether or not I act in this way, so there’s no point in doing otherwise.‘ The goal of this paper is to give an overview of some of the main responses available to the problem and to highlight central issues that arise for each type of response. In the final section, I explain what I take to be the most promising strategy and discuss the form that this strategy should take. (shrink)

We analyse the implications of classical liberal and libertarian approaches for distributive justice in the context of social welfare orderings. We study an axiom capturing a liberal non-interfering view of society, the Weak Harm Principle, whose roots can be traced back to John Stuart Mill. We show that liberal views of individual autonomy and freedom can provide consistent foundations for welfare judgements. In particular, a liberal non-interfering approach can help to adjudicate some fundamental distributive issues relative to intergenerational (...) justice. However, a strong relation is established between liberal views of individual autonomy and non-interference, and egalitarian principles in the Rawlsian tradition. (shrink)

At the outset of World War I - the "Great War" - Freud supported the Austro-Hungarian Empire for which his sons fought. But the cruel truths of that bloody conflict, wrought on the psyches as much as the bodies of the soldiers returning from the battlefield, caused him to rethink his stance and subsequently affected his theory: Psychoanalysis, a healing science, could tell us much about both the drive for war and the ways to undo the trauma that war inherently (...) breeds, but its principles could just as easily serve the enemy's desires to inculcate its own brand of "truth." Even a century later, psychoanalysis can still be used as much for the justifications of warfare and propaganda as it is for the defiance of and resistance to those same things. But it is in the investigation of the motives and methods behind these uses that psychoanalysis proves its greatest strength. To wit, this edited collection presents published and unpublished material by analysts, writers, and activists who have worked at the front lines of psychic life and war from various stances. Set at a point of tension and contradiction, they illustrate the paradoxical relation of psychoanalysis as both a site of resistance and healing and a necessary aspect of warmaking, propaganda, and militarism. In doing so, we venture from the home front - from the trauma of returning veterans to the APA's own complicity in CIA "black sites" - across international borders - from the treatment of women in Latin American dictatorships to the resistance to occupation in Palestine, from mind control to an ethics of responsibility. Throughout, a psychoanalytic sensibility deconstructs the very opposition that it inhabits, and seeks to reestablish psychoanalysis as the healing discipline it was conceived to be. (shrink)

According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by harm. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more subtle concept of harm is needed. I consider various possible conceptions and (...) argue that none gives rise to a plausible version of the Harm Principle. Whether we focus on welfare, quantities of welfare or qualities of welfare, we do not arrive at a plausible version of this principle. Instead, the concept of harm may be moralized. I consider various ways this may be done as well as possible rationales for the resulting versions of the Harm Principle. Again, no plausible version of the principle turns up. I also consider the prospect of including the Harm Principle in a decision-procedure rather than in a criterion of rightness. Finally, in light of my negative appraisal, I briefly discuss why this principle has seemed so appealing to liberals. (shrink)

For many years the prevailing paradigm for medical decision making for children has been the best interest standard. Recently, some authors have proposed that Mill’s “harm principle” should be used to mediate or to replace the best interest standard. This article critically examines the harm principle movement and identifies serious defects within the project of using Mill’s harm principle for medical decision making for children. While the harm principle proponents successfully highlight some (...) difficulties in present-day use of the best interest standard, the use of the harm principle suffers substantial normative and conceptual problems. A medical decision-making framework for children is suggested, grounded in the four principles. It draws on the best interest standard, incorporates concepts of harm, and provides two questions that can act as guide and limit in medical decision making for children. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens (...) the case for parental licensing. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may (...) be surprising—and I do not at all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

Effective infectious disease control may require states to restrict the liberty of individuals. Since preventing harm to others is almost universally accepted as a legitimate (prima facie) reason for restricting the liberty of individuals, it seems plausible to employ a mid‐level harm principle in infectious disease control. Moral practices like infectious disease control support – or even require – a certain level of theory‐modesty. However, employing a mid‐level harm principle in infectious disease control faces at (...) least three problems. First, it is unclear what we gain by attaining convergence on a specific formulation of the harm principle. Likely candidates for convergence, a harm principle aimed at preventing harmful conduct, supplemented by considerations of effectiveness and always choosing the least intrusive means still leave ample room for normative disagreement. Second, while mid‐level principles are sometimes put forward in response to the problem of normative theories attaching different weight to moral principles, employing a mid‐level harm principle completely leaves open how to determine what weight to attach to it in application. Third, there appears to be a trade‐off between attaining convergence and finding a formulation of the harm principle that can justify liberty‐restrictions in all situations of contagion, including interventions that are commonly allowed. These are not reasons to abandon mid‐level theorizing altogether. But there is no reason to be too theory‐modest in applied ethics. Morally justifying e.g. if a liberty‐restriction in infectious disease control is proportional to the aim of harm‐prevention, promptly requires moving beyond the mid‐level harm principle. (shrink)

Is it ethical for doctors or courts to prevent patients from making choices that will cause significant harm to themselves in the future? According to an important liberal principle the only justification for infringing the liberty of an individual is to prevent harm to others; harm to the self does not suffice.In this paper, I explore Derek Parfit’s arguments that blur the sharp line between harm to self and others. I analyse cases of treatment refusal (...) by capacitous patients and describe different forms of paternalism arising from a reductionist view of personal identity. I outline an Identity Relative Paternalistic Intervention Principle for determining when we should disallow refusal of treatment where the harm will be accrued by a future self, and consider objections including vagueness and non-identity.Identity relative paternalism does not always justify intervention to prevent harm to future selves. However, there is a stronger ethical case for doing so than is often recognised. (shrink)

Much time has been spent arguing about the soundness of But in the philosophical literature there is no single such principle; there are many harm principles. And many objections pressed against are objections to only some of these principles. The first half of this paper draws a number of distinctions between harm principles. It then argues that each harm principle is compatible with many other principles that impose limits on the law, including but not limited (...) to other harm principles. The second half of the paper applies the lessons of the first to a number of prominent objections to That principle has been accused of a) being underinclusive; b) misrepresenting the reasons why many act-types ought to be legally proscribed; c) permitting lawmakers to treat people as mere means of achieving their ends; and d) being overinclusive. The paper argues that one harm principle survives all four objections. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of (...) class='Hi'>harm, which proponents of the principle can refer to. (shrink)

It is suggested that the Harm Principle can be viewedas the moral basis on which genetically modified (GM) food iscurrently regulated. It is then argued (a) that the concept ofharm cannot be specified in such a manner as to render the HarmPrinciple a plausible political principle, so this principlecannot be used to justify existing regulation; and (b) that evenif the Harm Principle were a plausible political principle, itcould not be used alone in the regulation (...) of GM food, since itdoes not express a concern for the expected benefits of suchfood. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy (...) justifies criminalization of a wide range of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

Climate justice demands polluters to take responsibility for both present and future harm caused by past GHG emissions and for future harm caused by future GHG emissions. One problem with this is double climate taxation: people living in historical polluting countries must both shoulder the burden of an effective and inclusive climate transition and repay the climate debt incurred by their predecessors. Although double climate taxation might be defensible on normative grounds, it risks making climate justice politically infeasible. (...) I therefore maintain that global climate justice should focus on future, rather than past, climate harms. The forward-looking polluter pays principle (FL-PPP) can ensure both a cost-effective climate transition and a fair distribution of the climate burden, provided it is applied as follows: i) each country must introduce a carbon price calibrated to the global social cost of carbon; ii) each country must transfer part of carbon revenues collected at the country level to an international fund; iii) global carbon revenues must be redistributed on the basis of the country-level social cost of carbon. The FL-PPP burden can be made more progressive, moreover, if the formula for allocating global carbon revenues is adjusted through two coefficients, one consumption-based and one priority-sensitive. (shrink)

Mill's passion for individuality drives the protection in the harm principle, and the restriction of morality to the enforceable. This calls for compensating widening of the conception of harm. The result is a radical reshaping of the principle of utility as governing the art of life as whole, and of the whole conception of utilitarianism and of a utilitarian morality. His harm principle fully accepts that human relations occasion mutual harms, and turns, in the (...) assessment of any restriction, to local fact on whether it serves 'general utility'. It becomes extremely difficult to locate what fundamental principles of moral requirement Mill would actually accept, and to judge the extent they would differ from the common sense intuitions for which he shows such great respect. (shrink)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses (...) government interference to promote business interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of (...) class='Hi'>harm, which proponents of the principle can refer to. (shrink)

While it is well recognized that many everyday consumer behaviors, such as purchases of sweatshop goods, come at a cost to the global poor, it has proven difficult to argue that even knowing, repeat contributors are somehow morally complicit in those outcomes. Some recent approaches contend that marginal contributions to distant harms are consequences that consumers straightforwardly should have born in mind, which would make consumers seem reckless or negligent. Critics reasonably reply that the bad luck that my innocent purchase (...) contributes distantly to harm provides insufficient grounds for moral blame; moreover, such distant and seemingly inevitable collective effects are not by themselves obvious reasons for agents to refrain from acting. Granting these criticisms, I argue that the harm that agents do through knowing contributions to distant collective harm actually builds on the morally sparse agential phenomenology of everyday purchases and decisions: contributors who knowingly disregard distant harms, rather than being reckless or negligent about consequences they should have foreseen, very directly perpetuate the moral invisibility and the lack of recognition from which the global poor generally suffer. This provides agents with clearer moral reasons to refrain from knowing participation in unstructured collective harms, and clearer reason to bear them in mind in acting. (shrink)

This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of individual liberty. I then offer a new account of that defense in which “harm” is understood in an (...) expansive sense, despite apparent problems for such a view. (shrink)

James Madison wrote, 'Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob'. The contributors to this volume discuss and for the most part challenge this claim by considering conditions under which many minds can be wiser than one. With backgrounds in economics, cognitive science, political science, law and history, the authors consider information markets, the internet, jury debates, democratic deliberation and the use of diversity as mechanisms for improving collective decisions. At the (...) same time, they consider voter irrationality and paradoxes of aggregation as possibly undermining the wisdom of groups. Implicitly or explicitly, the volume also offers guidance and warnings to institutional designers. (shrink)

This chapter explores the question of whether or not individual agents are under a moral obligation to reduce their ‘antimicrobial footprint’. An agent’s antimicrobial footprint measures the extent to which her actions are causally linked to the use of antibiotics. As such, it is not necessarily a measure of her contribution to antimicrobial resistance. Talking about people’s antimicrobial footprint in a way we talk about our carbon footprint may be helpful for drawing attention to the global effects of individual behaviour (...) and for highlighting that our choices can collectively make a real difference. But can we be morally obligated to make a contribution to resolving a collective action problem when our individual contributions by themselves make no discernible difference? I will focus on two lines of argument in favour of such obligations: whether a failure to reduce one’s antimicrobial footprint is unfair and whether it constitutes wrongdoing because it is harmful. I conclude by suggesting that the argument from collective harm is ultimately more successful. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere (...) of protected liberty includes not only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

Neste artigo, apresento uma solução possível para o clássico problema da aparente incompatibilidade entre o Princípio da Maior Felicidade de John Stuart Mill e seu Princípio da Liberdade, argumentando que na esfera "concernente aos outros" os julgamentos de experiência e o conhecimento acumulado através da história têm força moral e legal, enquanto na esfera "autoconcernente" os julgamentos dos experientes têm apenas valor prudencial, e a razão para isto é a ideia que cada um de nós é um juiz, melhor do (...) que qualquer outra pessoa, para decidir o que nos causa dor e que tipo de prazer preferimos (o assim chamado argumento epistemológico). Considerando que o Princípio da Maior Felicidade não é nada mais do que o agregado da felicidade de cada pessoa, levando em consideração o argumento epistemológico concluiríamos que, deixando as pessoas livres até mesmo para causar dano a elas mesmas, ainda estaríamos maximizando a felicidade, e então ambos os princípios (O Princípio da Maior Felicidade e o Princípio da Liberdade) poderiam ser compatíveis. In this article I present a possible solution for the classic problem of the apparent incompatibility between Mill's Greatest Happiness Principle and his Principle of Liberty arguing that in the other-regarding sphere the judgments of experience and knowledge accumulated through history have moral and legal force, whilst in the self-regarding sphere the judgments of the experienced people only have prudential value and the reason for this is the idea according to which each of us is a better judge than anyone else to decide what causes us pain and which kind of pleasure we prefer (the so-called epistemological argument). Considering that the Greatest Happiness Principle is nothing but the aggregate of each person's happiness, given the epistemological claim we conclude that, by leaving people free even to cause harm to themselves, we still would be maximizing happiness, so both principles (the Greatest Happiness Principle and the Principle of Liberty) could be compatible. (shrink)

In the last half century, oral history has emerged as a historical approach that is being considered by archivists involved with the collection and accessibility of archival collections for researchers and interested members of the public. The approach to ethics by oral historians has emerged from two major fears: the fear of failing as researchers and the fear of failing the narrators and doing harm. Archivists also need to be cognisant of these fears when collecting oral history. Confronting these (...) fears makes it possible to understand the complex questions behind oral historians’ and archivists’ preoccupations and sheds light on how oral history has evolved and expanded as a field. The research objectives of this article are to determine the three principles identified from the Belmont Report that relate and should be applied to the collection of oral histories by archivists and historians from communities and individuals residing and working in and alongside the Kruger National Park. The theoretical framework for this article is the critical race theory to address historical accounts from communities and individuals sidelined by the mainstream media in South Africa. For the purposes of this article, the study was conducted with the Makuleka and Tsonga communities to determine what ethical implications need to be respected when conducting oral history projects with communities.Contribution: This article will contribute to ethics concerning social sciences and specifically the collection of oral history. (shrink)

Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the beneficial (...) effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations, which would produce mutual benefit to both Spain and Spanish Amarica. (shrink)

Based on his theory of animalrights, Regan concludes that humans are morallyobligated to consume a vegetarian or vegandiet. When it was pointed out to him that evena vegan diet results in the loss of manyanimals of the field, he said that while thatmay be true, we are still obligated to consumea vegetarian/vegan diet because in total itwould cause the least harm to animals (LeastHarm Principle, or LHP) as compared to currentagriculture. But is that conclusion valid? Isit possible that (...) some other agriculturalproduction alternatives may result in leastharm to animals? An examination of thisquestion shows that the LHP may actually bebetter served using food production systemsthat include both plant-based agriculture and aforage-ruminant-based agriculture as comparedto a strict plant-based (vegan) system. Perhapswe are morally obligated to consume a dietcontaining both plants and ruminant(particularly cattle) animal products. (shrink)