This paper argues that the nonidentity problem is really an artifact of faulty causal reasoning. In order to solve the nonidentity problem, we must determine that an agent causes a loss of happiness to another agent by means of an action that also causes the victim to exist. Woodward’s test for actual causation yields just this result. Equally crucial to solving the problem is the recognition that harms must be intentional and that intentionality is a (...) function of norm-violation; this latter position is defended by Holton. That the solution proposed is adequate is defended on the grounds that it yields intuitively correct judgments for a host of imaginary scenarios contemplated by theorists focused on determining what should count as harms. (shrink)

ABSTRACT I motivate ‘Origin Conventionalism’—the view that which facts about one’s origins are essential to one’s existence depends partly on our person-directed attitudes. One important upshot is that the view offers a novel and attractive solution to the Nonidentity Problem. That problem typically assumes that the sperm-egg pair from which a person originates is essential to that person’s existence; in which case, for many future persons that come into existence under adverse conditions, had those conditions not been (...) realized, the individuals wouldn’t have existed. This is problematic because it delivers the counter-intuitive conclusion that it’s not wrong to bring about such adverse conditions since they don’t harm anyone. Origin Conventionalism, in contrast, holds that whether a person’s sperm-egg origin is essential to their existence depends on their person-directed attitudes. I argue that this provides a unique and attractive way of preserving the intuition that the actions in the ‘nonidentity cases’ are morally wrong because of the potential harm done to the individuals in question. (shrink)

I argue that, given certain prominent views of personal identity and prudence, the nonidentity problem, or a very similar problem, can arise postconception. I clarify and defend this claim by considering the implications of these views for prenatal injury.

Journal of Social Philosophy, EarlyView.

A moral Kantian approach can be developed to deal with the nonidentity problem with regard to environmental intergenerationl justice—at least in cases of depletion or risky policy. Being a duty-oriented moral theory, this approach allows both that people coming into existence in a nonidentity situation can be glad to exist while simultaneously taking into account depletion or risky policy, to which their existence is causally related, as possibly being morally wrong because of a violation of moral duties.

Bioethicists often use the “nonidentity problem”—the idea that a child born with a disability would actually be a different child if she were born without the disability—to defend parents' rights to have whatever children they want. After all, a child is not harmed by being brought into the world with a disability; without the disability, she would not be brought into the world at all. But what happens if we turn the moral question around and ask, not about (...) the benefits and harms to the child, but just about parental obligations? Will that lead to a different view of reproductive decisions? (shrink)

This collection of essays investigates the obligations we have in respect of future persons, from our own future offspring to distant future generations.

Discussions of the non-identity problem presuppose a widely shared intuition that actions or policies that change who comes into existence don't, thereby, become morally unproblematic. We hypothesize that this intuition isn’t generally shared by the public, which could have widespread implications concerning how to generate support for large-scale, identity-affecting policies relating to matters like climate change. To test this, we ran a version of the well-known dictator game designed to mimic the public's behavior over identity-affecting choices. We found the (...) public does seem to behave more selfishly when making identity-affecting choices, which should be concerning. We further hypothesized that one possible mechanism is the notion of harm the public uses in their decision-making and find that substantial portions of the population seem to each employ distinct notions of harm in their normative thinking. These findings raise puzzling features about the public’s normative thinking that call out for further empirical examination. (shrink)

This paper considers two objections based in axiological considerations against the position that whether a given outcome, or possible future or world, is morally worse than a second world may depend in part on what is going on at a third world. Such a wide-angled approach to determining worseness is critical to the solution I have previously proposed in connection with the nonidentity problem. I argue that both objections fail.

An interesting question, in both the moral and the legal context, is whether babies born of an infertility treatment-induced supernumerary pregnancy are properly considered to have been harmed. One might wonder how such a question could even arise in the face of data that clearly demonstrate that ITISP leaves an unduly large number of babies blind, deaf, and palsied, and facing lifelong disabilities. In fact, however, a number of arguments, based on the problem of collective form and two forms (...) of the so-called “nonidentity problem,” challenge the claim of harm in the ITISP context. The purpose of the present paper is to establish, as against these arguments, that harm has been imposed on the ITISP-damaged offspring. (shrink)

The American Journal of Bioethics, Volume 12, Issue 8, Page 34-35, August 2012.

Abstract:The “nonidentical” is Adorno’s term for anything that cannot be grasped by a concept or a system of concepts: sensual experience and events; emotions, understood as unconscious but influential layers of the psychic system; emergent results of interactions; the possibility of non-alienated and non-reified social circumstances. Within practices of music pedagogy, the nonidentical is relevant under all these aspects: the naming of musical issues does not encompass (let alone substitute for) the musical phenomenon (and it is not self-evident how to (...) conceptualize appropriate deictic actions). Emotionality should not be tamed (and it is an open question how to bring it to bear in a sensible way). Emergent results of the interaction in music lessons are a problem for planning classes, a planning which has to consider learning outcomes. The school system is almost completely shaped by economics of education (and cannot easily try to simulate processes of non-alienated and non-reified interactions between all participants). Corresponding research has to focus on identities constituting practices in music pedagogy; but it can develop a sensitivity to realizations of the nonidentical and induce new practices which are structured according to Critical Theory. The paper is concerned with the complementarity of identities and the nonidentical with regard to music pedagogy in a broader perspective, classifying practices of music pedagogy within a system of this discipline–on the basis of a logic of reflection. (shrink)

Joel Feinberg and Dan Brock have independently developed a solution to the Problem of Nonidentity as it occurs in cases where a mother's negligent act of conception causes her child to be born with a severe disability. I display three problems in the Feinberg‐Brock proposal and develop an alternative view that explains both cases of wrongful conception and additional instances of the Problem of Nonidentity presented by Derek Parfit and others.

This paper contributes to the current academic debate on the nature of embodied, intentional consciousness, specifically the attempt to inaugurate a rapprochement between phenomenological existentialism and critical theory. This is accomplished through a critical comparison of the concepts of negative experience and nonidentity in Theodor Adorno's negative dialectics and Jean-Paul Sartre's early phenomenology. By comparing how each engages with Hegel, I suggest that Sartre offers a broad, anthropological account of negative experience and nonidentity helpful to critical theorists but (...) that there remains a critical deficit which Adorno's more restricted—and political—sense of nonidentity remedies. Sartre's anthropological portrayal of ‘persistent negation’ worries Adorno but I suggest that it can be understood as a pragmatic presupposition for problem-solving rather than as a transcendental condition of experience. (shrink)

According to the person-affecting restriction, one distribution of welfare can be better than another only if there is someone for whom it is better. Extant problems for the person-affecting restriction involve variable-population cases, such as the nonidentity problem, which are notoriously controversial and difficult to resolve. This paper develops a fixed-population problem for the person-affecting restriction. The problem reveals that, in the presence of incommensurable welfare levels, the person-affecting restriction is incompatible with minimal requirements of impartial (...) beneficence even in fixed-population contexts. (shrink)

The problem of the “identity of identity and nonidentity”, which haunted German idealism, has two closely related aspects. The first, epistemological aspect concerns the possibility of knowledge of an objective world. The second, transcendental aspect, concerns the question of how thoughts can be directed towards the world. Reconstructing McDowell’s Kantian account of intentionality as a purported resolution of the transcendental aspect of IINI, I pose the following dilemma for McDowell’s account: Either part ways with Kant’s purported resolution of (...) IINI at a crucial point, thereby being driven towards an approach that McDowell firmly opposes, indeed cannot accept, or follow Kant to the letter, and then face, head-on, a deep problem that Kant’s purported resolution of IINI faces. Parting ways, as I show, with Kant’s purported resolution of IINI, McDowell finds himself impaled upon the first horn of this dilemma. Were he, however, to respond by following Kant to the letter, McDowell would find himself impaled upon the second horn. Thus, I conclude, McDowell’s account of intentionality fails. (shrink)

Fan Zhen’s 范縝 Shenmielun 神滅論 is a famous Chinese treatise discussing the body-soul problem. This discussion had been advocated by Huan Tan 桓譚 and Wang Chong 王充. However, their views did not receive positive attention: at the beginning of the Eastern Han dynasty, their intellectual weight was far from significant enough to spur the court’s interest in the topic. During the time of Fan Zhen, Emperor Wu of Liang, a keen protector of the thought of dharma, raised the question (...) of the soul and the body to a political level, making it the focus of academic debate. The aim of this article is to give a comprehensive account on the development of the idea of the nonidentity and inseparability of the body and the soul as promulgated by Fan Zhen and his predecessors from the perspective of the history of ideas. (shrink)

Within the climate justice debate, the ‘beneficiary pays’ principle holds that those who benefit from greenhouse emissions associated with industrialization ought to pay for the costs of mitigating and adapting to their adverse effects. This principle constitutes a claim of inter-generational justice, and it is widely believed that the non-identity problem raises serious difficulties for any such claim. After briefly sketching the rationale behind ‘beneficiary pays,’ this paper offers a new way of understanding the claim that persons in developed (...) societies have benefited from industrialization. It argues that when we think of the claim in this new way, it evades the non-identity problem entirely. Some objections to this approach are then considered and rebutted. The paper concludes by comparing the present, relatively modest solution to the nonidentity problem with a much more ambitious attempt from the recent literature. (shrink)

The person-affecting restriction, in its slogan form, states that an outcome can be better than another only if it is better for someone. It has a strong intuitive appeal and several theorists have suggested that it avoids certain counterintuitive implications in population ethics. At the same time, the restriction has highly counterintuitive implications and yields non-transitive orderings in some nonidentity cases. Many theorists have taken this criticism to be decisive. Recently, however, there have been some reformulations of the restriction, (...) suggesting that the restriction survives this “old” criticism. This paper investigates the viability of those reformulations, which are versions of “Comparativism,” and argues that most of them either have counterintuitive implications or are extensionally equivalent with impersonal theories, but that “Soft Comparativism” seems to have an advantage over impersonal theories. (shrink)

For an object to be multilocated is for it to wholly occupy disjoint spatial regions simultaneously. If multilocation is possible, it is possible that a multilocated particle is wholly located at 1080 distinct locations, such that it constitutes a particle-for-particle duplicate of the actual universe. Such a universe would presumably be perceptually identical to the actual universe. If we take multilocation as possible, we are thus presented with two accounts between which our perceptual evidence cannot adjudicate: one wherein the universe (...) is constituted by many particles and another wherein it is constituted by one radically multilocated particle. Parsimony concerns dictate that the latter is the more rational to accept. Since this is absurd, we should reject that multilocation is possible. Mooney responds to the problem by arguing that distinct location is evidence of non-identity, even if acceptance of the possibility of multilocation entails that this evidence is not decisive. If this is right, then the evidence favors a theory featuring many particles. In this paper, I contend that our commitment to taking distinct location as evidence of nonidentity is motivated by a more fundamental intuition that does not apply in the relevant context. (shrink)

SummaryMind‐body identity theories are standardly supposed to be logically contingent. Kripke defends a quasi‐Cartesian property dualism by observing that bodies and minds or mental and neurophysiological events or event‐types can always be assigned distinct rigid designators. The concept of rigid designation implies that possibly nonidentical rigidly designated bodies and minds are necessarily and therefore actually nonidentical. But Kripke's argument does not refute materialist reductions that affirm the actual identity of minds and bodies while admitting only the possible nonidentity of (...) ncwigidly designated mental and material entities. This limits the adequate expression of contingent materialist theories, but does not defeat materialism per se. The mind‐body problem like other genuine ontological issues resists stipulative semantic‐philosophical resolution. (shrink)

SummaryMind‐body identity theories are standardly supposed to be logically contingent. Kripke defends a quasi‐Cartesian property dualism by observing that bodies and minds or mental and neurophysiological events or event‐types can always be assigned distinct rigid designators. The concept of rigid designation implies that possibly nonidentical rigidly designated bodies and minds are necessarily and therefore actually nonidentical. But Kripke's argument does not refute materialist reductions that affirm the actual identity of minds and bodies while admitting only the possible nonidentity of (...) ncwigidly designated mental and material entities. This limits the adequate expression of contingent materialist theories, but does not defeat materialism per se. The mind‐body problem like other genuine ontological issues resists stipulative semantic‐philosophical resolution. (shrink)

For now, the best way to select a child's genes is to select a potential child who has those genes, using genetic testing and either selective abortion, sperm and egg donors, or selecting embryos for implantation. Some people even wish to select against genes that are only mildly undesirable, or to select for superior genes. I call this selection drift– the standard for acceptable children is creeping upwards. The President's Council on Bioethics and others have raised the parental love objection: (...) Just as we should love existing children unconditionally, so we should unconditionally accept whatever child we get in the natural course of things. If we set conditions on which child we get, we are setting conditions on our love for whatever child we get. Although this objection was prompted by selection drift, it also seems to cover selecting against genes for severe impairments. I argue that selection drift is not inconsistent with the ideal of unconditional parental love and, moreover, that the latter actually implies that we should practise selection drift – in other words, we should try to select potential children with the best genetic endowments. My endowment argument for the second claim works from an analogy between arranging an endowment prior to conception to fund a future child's education, and arranging a genetic endowment by selecting a potential child who already has it, where in both cases the child would not have existed without the endowment. I conclude with some programmatic remarks about the nonidentity problem. (shrink)

The nonidentity problem is a deep puzzle challenging the moral intuition that what is bad must be bad for someone. The first part of the paper constructs a new theory of harming, whereas the second part builds on the conclusions of the first to offer a new solution to the NIP. The first part discusses the neglected question of when a burden inflicted in the context of overall benefitting can be discretized as a separate entity—only when it can, (...) is it possible to identify the burden as harm, and only then is it possible to harm in bringing into overall good existence. The second part explains how, in those cases where creating is indeed harming, we can use the logic of concept expansion to construct a concept of wronging that applies to creation cases. (shrink)