Harm in Applied Ethics

If death is a harm then it is a harm that cannot be experienced. The proponent of death's harm must therefore provide an answer to Epicurus, when he says that ‘death, is nothing to us, since when we are, death is not present, and when death is present, then we are not’. In this paper I respond to the two main ways philosophers have attempted to answer Epicurus, regarding the subject of death's harm: either directly or via analogy. The direct (...) way argues that there is a truth-maker (or difference-maker) for death's harm, namely in virtue of the intrinsic value the subject's life would have had if they had not died. The analogy argues that there are cases analogous to death, where the subject is harmed although they experience no pain as a result. I argue that both accounts beg the question against the Epicurean: the first by presupposing that one can be harmed while experiencing no displeasure as a result and the second by conflating a de re with a de dicto reading of death's harm. Thus, I argue, until better arguments are provided, one is best to agree with Epicurus and those who follow him that death is not a harm. (shrink)

Shaili Jain's The Unspeakable Mind (2019) is an impressive examination of the stress experienced by a veteran community that too often is handled with a sense of clinical sterility that borders on inhumanity, or a that of pandering condescension. However, what is striking about Jain's text is the lack of analysis of how trauma manifests in what Heidegger would refer to as average everydayness. This, to me, seems like a missed opportunity, especially as it pertains to trauma-based ethics since all (...) too frequently manifestations of trauma do not occur as they are portrayed to in popular culture, but in the day-to-day and moment-to-moment living of those who deal with trauma. In this article I interrogate everyday manifestations and ideal manifestations of trauma using a comparative lens. My hope is that by focusing my analysis on my process of engagement with traumatic experiences I can help develop new discussions about trauma that will both allow for the discovery of new modes of thinking-about trauma as well as illuminate more nuanced methodologies of healing for those effected by post-traumatic stress in future research. (shrink)

Overview -/- Most philosophical explorations of responsibility discuss the topic solely in terms of metaphysics and the "free will" problem. By contrast, these essays by leading philosophers view responsibility from a variety of perspectives—metaphysics, ethics, action theory, and the philosophy of law. After a broad, framing introduction by the volume's editors, the contributors consider such subjects as responsibility as it relates to the "free will" problem; the relation between responsibility and knowledge or ignorance; the relation between causal and moral responsibility; (...) the difference, if any, between responsibility for actions and responsibility for omissions; the metaphysical requirements for making sense of "collective" responsibility; and the relation between moral and legal responsibility. (shrink)

It is typically wrong to act in a way that foreseeably makes some impending harm worse. Sometimes it is permissible to do so, however, if one also offsets the harm increasing action by doing something that decreases the badness of the same harm by at least as much. This chapter argues that the standard deontological constraint against doing harm is not compatible with the permissibility of harm increases that have been offset. Offsetting neither prevents one's other actions from doing harm (...) nor ensures that the harm those actions do is made permissible by any of the constraint's familiar provisos. To make sense of offsetting, the old constraint against doing harm should be replaced with a new constraint against making unoffset harm increases. The chapter discusses how to formulate the new constraint so that it can handle both the offsetting cases that the old constraint gets wrong as as well as the non-offsetting cases that the old constraint gets right. Adopting this constraint against unoffset harm increases may have important implications both for theoretical questions about the sources of deontological constraints as well as for practical questions, such as whether buying carbon offsets can make emitting carbon dioxide permissible. (shrink)

I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended means or end.

Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis, a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing (...) these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s view generates (...) counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...) offer. In this chapter I consider the coercion-based objection to the neurocorrective offer, which claims that offenders cannot provide valid consent to undergoing a neurocorrective on the basis of this offer because it is inherently coercive. Having outlined early formulations of this argument, I point out that there are in fact two different versions of this objection, which appeal to different understandings of the concepts of coercion, consent and voluntariness. (shrink)

When does a state of affairs constitute a harm to someone? Comparative accounts say that being worse off constitutes harm. The temporal version of the comparative account is seldom taken seriously, due to apparently fatal counterexamples. I defend the temporal version against these counterexamples, and show that it is in fact more plausible than the prominent counterfactual version of the account. Non-comparative accounts say that being badly off constitutes harm. However, neither the temporal comparative account nor the non-comparative account can (...) correctly classify all harms. I argue that we should combine them into a hybrid account of harm. The hybrid account is extensionally adequate and presents a unified view on the nature of harm. (shrink)

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)

Una sintetica introduzione alle principali questioni etiche e filosofiche riguardanti la comunicazione sanitaria: la comunicazione fra medico e paziente e quella fra istituzioni, sanitari e cittadini. In uno scenario in cui autonomia e consenso della persona sono sempre più rilevanti nelle scelte di cura e di tutela della salute, l’autrice delinea un quadro concettuale aggiornato per affrontare temi problematici come la comunicazione della diagnosi, l’impostazione delle campagne di prevenzione e salute pubblica, il ruolo dei medici come esperti nei media. -/- (...) Indice del volume: Introduzione. - I. Concetti per la bioetica. - II. La comunicazione tra medico e paziente. - 3. La comunicazione delle istituzioni sanitarie. - IV. Gli esperti e i media nella comunicazione della salute. - Riferimenti bibliografici. - Indice analitico. -/- . (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

Our actions in the marketplace often harm others. For instance, buying and consuming petroleum contributes to climate change and thereby does harm. But there is another kind of harm we do in almost every market interaction: market harms. These are harms inflicted via changes to the goods and/or prices available to the victim in that market. (Similarly, market benefits are those conferred in the same way.) Such harms and benefits may seem morally unimportant, as Judith Jarvis Thomson and Ronald Dworkin (...) have argued. But, when those harms or benefits are concentrated on the global poor, they can have considerable impacts on wellbeing. For instance, in 2007-2008, commodity traders invested heavily in wheat and other staple foods, caused a dramatic price rise, and thereby pushed 40 million people into hunger. In such cases, intuition suggests that the traders act wrongly. In this paper, I argue that market harms and benefits are morally equivalent to harms and benefits imposed through other means (contra Thomson and Dworkin). I also demonstrate that, in practice, these harms and benefits are often great in magnitude. For many common products, buying that product results in a considerable financial loss for one group and a considerable gain by another. For instance, for every $10 we spend on wheat, we cause the global poor to lose between $5 and $67 (in expectation) and the global rich to gain the same amount. In light of these effects, I argue that we have moral duties to adopt certain consumption habits. (shrink)

Suppose you perform two actions. The first imposes a risk of harm that, on its own, would be excessive; but the second reduces the risk of harm by a corresponding amount. By pairing the two actions together to form a set of actions that is risk-neutral, can you thereby make your overall course of conduct permissible? This question is theoretically interesting, because the answer is apparently: sometimes Yes, sometimes No. It is also practically important, because it bears on the moral (...) status of practices such as offsetting personal greenhouse gas (GHG) emissions. In this article we propose a criterion for distinguishing between cases where pairing risk-increasing and risk-reducing actions makes each action permissible, and those where it does not: the Principle of Aggregate Risk-Imposition. We work towards this by considering a range of examples that illustrate various illegitimate ways of pairing risk-increasing actions with risk-reducing ones, and asking what goes wrong in each case. We then use this criterion to evaluate GHG offsetting. Is offsetting a legitimate way of removing the risk-imposition associated with GHG emissions, or not? Controversially, we argue that this turns out to depend on the form that the offsetting takes. (shrink)

In this article, we deal with the evaluation of the losses suffered by persons living in urban areas as a result of energy services. In the first part, we analyse how by adopting different informational foci we obtain contrasting interpersonal evaluations regarding the same loss. In the second part, we distinguish between a diachronic and a hypothetical/moralised threshold for harm in order to assess whether individuals are benefiting from or being harmed by a given energy service. Our argument is that (...) the most accurate evaluation of an individual damage caused by an energy service can be obtained by using capabilities as informational focus, instead of realised wellbeing or means to wellbeing, and by interpreting the loss in relation to a hypothetical/moralised threshold that corresponds to a list of central capabilities. In the last part, we address monetary and non-monetary compensations for a loss that is evaluated in terms of capabilities. Accordingly, we expound how compensation policies can either restore the capabilities lost due to energy services or monetarily compensate the individual for the fact that a given capability (or set of capabilities) has been irremediably lost. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...) the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

The morality of abortion is a longstanding controversy. One may wonder whether it’s even possible to make significant progress on an issue over which so much ink has already been split and there is such polarizing disagreement (Boyle 1994). The papers in this issue show that this progress is possible—there is more to be said about abortion and other crucial beginning-of-life issues. They do so largely by applying contemporary philosophical tools to moral questions involving life’s beginning. The first two papers (...) defend the pro-life view from recent objections involving miscarriage and abortion doctors. The third shows how the social model of disability and the concept of transformative experience applies to classic debates like abortion and euthanasia. The final two papers address how rights and harms apply to children and to beings that do not yet exist. All five papers make a noteworthy contribution to the moral issues that arise at the beginning of life. (shrink)

A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which they are (...) entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

Some believe that it is immoral to harm animals, but it is not immoral to kill humanely raised domesticated animals. Implicit in this is the assumption that it is possible to raise and slaughter animals without harming them significantly. In recent years, a number of philosophers – DeGrazia, Harman, Bradley, and others – have claimed that slaughter harms an animal in proportion to the amount of valuable future life that an animal loses in dying, which seems to challenge this assumption. (...) But a question remains: how much are domesticated animals, particularly humanely raised ones, harmed by their slaughter? Here, I take up this question. My answer may be surprising: in ordinary circumstances, slaughter hardly deprives humanely raised animals of any good life, and so is not very harmful to them. This result may strengthen the case for humane slaughter – or it may give us reason to revise our understanding of the harmfulness of death. (shrink)

Our aim in this brief essay is not to defend a particular policy or attitude toward lockdown measures in the United States or elsewhere, but to consider the scope and limits of different types of arguments that can be offered for them. Understanding the complexity of these issues will, we hope, go some way to helping us understand each other and our attitudes toward state responses to the pandemic.

This is a howler of a handbook. The review shows how in the name of academics, philosophers indulge in quid pro quos in high places. They have no clue about what they are writing. As a Benedictine Abbot in the US responded in email to this reviewer: "Yes, indeed, the book is not very serious. When the authors die some day, they will understand better, as we all shall see". Now that death is in the air; we will understand what (...) this handbook's real worth is! COVID 19 won't go with steroids and anti-malarials. Nor is Ebola or Zika going anywhere. Now see how prescient the Abbot is and how idiotic the book under review is. (shrink)

In this article, I firstly discuss the person-affecting view of harm, distinguishing between the liability and the structural models of responsibility, and also explaining why it is unsatisfactory, from a moral point of view, to interpret a given harm as a loss with respect to a diachronic baseline. Then, I take sweatshops as an example and I entertain two further issues that are related to the assessment of harm and that are necessary for operationalising a comprehensive model of responsibility, that (...) takes into account both liability and structural injustice. The first one is how to interpret harm when it is coexistent with a diachronic benefit and/or the parties involved in the social structures leading to harm seek to unload their responsibility by hiding behind a cooperative deadlock. The second one is how far along the chain of actions leading to harm can structural responsibility be extended. (shrink)

Le droit d’offenser est partie intégrante de la liberté d’expression. Sa justification repose sur la distinction entre les dogmes, qui peuvent faire l’objet de critiques ou de moqueries, et les individus qui peuvent y adhérer. Sans elle, les désaccords moraux et religieux ne pourraient plus s’exprimer dans l’espace public.

The fear of the largely unknown consequences of being exposed to coronavirus should have brought a more dynamic interplay of beliefs and opinions for those who in the footsteps of J.S. Mill believe that the limits of power, which can be legitimately exercised by society over the individual, is to prevent harm to others. It is surprising that not much debate or critical interaction has taken place on the choice of locking down most of the populace in 185 countries after (...) the outbreak of COVID-19. The general lockdown, instead of testing and isolating the sick, can be seen as ‘a gross usurpation upon the liberty of private life.’ The axiological and ethical question confronting philosophers relates to the type and degree of authority needed during this period. As Mill claims, no general basic liberties can be respected overall without some previous and gradual evolution, that is, before other more specific liberties have met sustainable social practice. This essay reviews some of the problematic situations highlighting that no society is free or can achieve the objective of a fairly pluralistic set of values without a given social practice of these values, and shows how this logic of spreading of values unfolds in the context of the Coronavirus crisis. (shrink)

Proponents of the utilitarian animal welfare argument (AWA) for veganism maintain that it is reasonable to expect that adopting a vegan diet will decrease animal suffering. In this paper I argue otherwise. I maintain that (i) there are plausible scenarios in which refraining from meat-consumption will not decrease animal suffering; (ii) the utilitarian AWA rests on a false dilemma; and (iii) there are no reasonable grounds for the expectation that adopting a vegan diet will decrease animal suffering. The paper is (...) divided into four sections. In the first, I set out the utilitarian AWA in its original form. I give some background and I distinguish it from other, related arguments. In the second, I discuss the causal impotence objection, a popular objection to the utilitarian AWA. I explain how the objection works by means of a conceptual distinction between consumers and producers. In the third, I explain how proponents of the utilitarian AWA respond to this objection. In particular, I set out in some detail what I call the expected utility response. In the fourth and final section, I use the three objections noted above to explain why I do not find this response convincing. (shrink)

The Gamer's Dilemma challenges us to find a distinction between virtual murder and virtual pedophilia. Without such a distinction, we are forced to conclude that either both are morally acceptable or that both should be morally illicit. This paper argues that the best way to solve the dilemma is, in one sense, to dissolve it. The Gamer's Dilemma rests on a misunderstanding in the sense that it does not distinguish between the form of a simulation and its surface content. A (...) greater appreciation of the way structural features of a simulation affect subject experience will help us see why only simulations of murder and pedophilia generating virtually real experiences are likely to be seen as wrong. I argue that a simulation’s structural elements powerfully affect how subjects experience simulated content and hence is an important, and previously neglected, variable necessary to dissolve the Gamer's Dilemma. Properly understood, virtually real simulations of murder and pedophilia are both likely to be treated by players as morally wrong. Similarly, virtually unreal murder and pedophilia will be less likely to be judged as wrong. Subject judgments are thus consistent once a simulation’s structural variables are accounted for. The Gamer's Dilemma dissolves as a dilemma once we acknowledge these structural features of simulations and how they affect experience and moral judgment. (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)

A particularly important, pressing, philosophical question concerns whether Confederate monuments ought to be removed. More precisely, one may wonder whether a certain group, viz. the relevant government officials and members of the public who together can remove the Confederate monuments, are morally obligated to (of their own volition) remove them. Unfortunately, academic philosophers have largely ignored this question. This paper aims to help rectify this oversight by moral philosophers. In it, I argue that people have a moral obligation to remove (...) most, if not all, public Confederate monuments because of the unavoidable harm they inflict on undeserving persons. In the first section, I provide some relevant historical context. In the second section, I make my unique harm-based argument for the removal of Confederate monuments. In the third section, I consider and rebut five objections. (shrink)

Many people believe that we have a moral reason to benefit others. However, this reason is commonly thought to be weaker than the reason against harming others. This might explain why relatively little attention has been paid to the morality of benefiting in non-identity cases. My aim is to convince you, in the next few paragraphs, that this is a decisive oversight. The non-identity problem arises in cases of harming and in cases of benefiting alike. It is therefore broader in (...) scope than is often acknowledged. The most promising solutions of the non-identity problem are harm-based, but such solutions will need to provide suitable accounts of both harming and benefiting. (shrink)

J. M. Bernstein argues that to capture the depths of the harm of torture, we need to do away with the idea that we possess intrinsic and inviolable worth. If personhood is inviolable, then torture can inflict only apparent harm on our standing as persons. Bernstein claims that torture is a paradigm of moral injury because it causes what he calls “devastation”: The victim experiences an actual degradation of his or her personhood. Bernstein argues that our value is given to (...) us through mutual recognition and hence can be lost. In this paper, I argue that if our human value can be lost, then it first must be built up. If it must be built up, then the question of our status before the building begins must be answered. Bernstein faces a problem of human beings who fall outside relations of mutual recognition and hence are valueless. His best option for answering this problem is to point to the centrality of the body in his account of recognition, but doing so reveals a notion of intrinsic worth implicit in his account. I call for a revision of Bernstein's account that can hold on to devastation without eschewing intrinsic worth. (shrink)

The impacts of pornography are varied and complex. Performers are often thought to be victims of abuse and exploitation, while viewers are regularly accused of becoming desensitised to sexual violence. Further, porn is held by some to perpetuate damaging racial and gender stereotypes. I contend that these accusations, though not entirely baseless, are undermined for two reasons: they rest on questionable empirical evidence and ignore many of the positive consequences porn may have. In this article, I organise my analysis from (...) the screen outward, critically examining the effects porn has on performers, viewers, and wider society, and finding that in each domain it may have both positive and negative outcomes. Following this, I evaluate porn as a form of Bakhtinian carnival and discuss how online porn may offer a mode of resisting hegemonic cultural norms. On the whole, therefore, I argue that the harms attributed to porn have often been overgeneralised and exaggerated, and that porn has a range of effects unable to be captured by a mere pro/anti dichotomy. (shrink)

In this article I analyse those that I consider the most powerful counterarguments that have been advanced against the non-identity objection to the idea of intergenerational harm, according to which an action cannot cause harm to a given agent if her biological identity does actually depend—in a partial but still determinant way—on the performance of this action. In doing this, I firstly go through the deontological criticisms to the person-affecting view of harm, before moving on to sufficientarian and communitarian accounts (...) of intergenerational harm. My argument is that neither of these theories manage to defuse the non-identity objection. Yet, I conclude by observing that a possible way out of the non-identity paradox might consist in developing an ethical account of intergenerational negative justice that focuses on the functional value of the natural and social structures in which humans develop their lives, rather than on their instrumental or intrinsic value. (shrink)

The problem of justified harm is the problem of explaining why it is permissible to inflict harm for the sake of future benefits in some cases but not in others. In this paper I first motivate the problem by comparing a case in which a lifeguard breaks a swimmer’s arm in order to save her life to a case in which Nazis imprison a man who later grows wiser as a result of the experience. I consider other philosophers’ attempts to (...) explain why the lifeguard’s action was permissible but the Nazis’ action was not. After arguing that principles having to do with consent, expected utility, and the types of harms and benefits at issue do not fully solve the problem, I argue for a causal solution to the problem. The causal solution includes both a causal account of harming and a distinction between causes and mere conditions. It then distinguishes between the lifeguard and Nazi cases with following principle: A harmful action that causes greater benefits can sometimes be justified by those benefits, but a harmful action that does not cause greater benefits cannot be justified by any subsequent benefits that the action, itself, does not cause. (shrink)

The Deontic Transfer Principle states that if it is permissible for a person A to cause another person B harm H then, other things being equal, it is permissible for A to impose a risk of harm H on B. In this article we show that the Deontic Transfer Principle is vulnerable to counterexamples, and that the same is true of a range of closely related principles. We conclude that the deontic status of a risk imposition is not directly inherited (...) from the deontic properties of deterministic acts. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

This paper outlines an account of the ethics of lying, which accommodates two main ideas about lying. The first of these, Anti-Deceptionalism, is the view that lying does not necessarily involve intentions to deceive. The second, Anti-Absolutism, is the view that lying is not always morally wrong. It is argued that lying is not wrong in itself, but rather the wrong in lying is explained by different factors in different cases. In some cases such factors may include deceptive intentions on (...) the part of the liar. In other cases, where such intentions are not found, the wrong in lying may be explained by other factors. Moreover, it is argued that the interaction between considerations against lying and considerations against telling the truth are sensitive to the practical interests of those lied to. When the topic of the lie in question matters little to the victim's rational decision making, the threshold for when considerations against telling the truth can outweigh considerations against lying are lowered. This account is seen to explain why lying to avoid little harm is sometimes permissible, and sometimes not. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

In this paper, I argue against the commonly held view that paternalism is all things considered wrong when it interferes with a person’s autonomy. I begin by noting that the plausibility of this view rests on the assumption that there is a morally relevant difference in the normative reasons concerning an intervention in a person’s self-regarding actions and an intervention in his other-regarding actions. I demonstrate that this assumption cannot be grounded by wellbeing reasons, and that autonomy-based reasons of non-interference (...) also cannot adequately explain the difference. Following this, I propose that the difference in the reasons related to an intervention in a person’s self-regarding actions and an intervention in his other-regarding actions can be explained by the value of holding a person responsible for his choices. Nonetheless, this does not result in paternalistic behavior that interferes with autonomy being all things considered wrong. Instead, I show that the reason to hold a person responsible for a diminution of his wellbeing does not necessarily defeat the wellbeing reasons that count in favor of paternalistic behavior. (shrink)

En este trabajo realizaré afirmaciones sobre la fuerza de las razones en contra de dañar. Distinguiré diferentes tipos de estados de daño y de acciones dañosas. Explicaré qué tipo de estado de daño es más grave y qué tipo de acción dañosa genera razones más fuertes en contra de dañar. Finalmente compararé la fuerza de las razones en contra de dañar derivadas tanto de los estados de daño como de los distintos tipos de acciones dañosas, para establecer una regla de (...) prioridad entre ellas. -/- In this work, I present some considerations on the strength of the reasons against harming. I distinguish between different kinds of harmed states and harming actions, and explain which kind of harmed state is worse, and which kind of harming action provides stronger reasons against harming. Finally, I compare the strength of the reasons against harming provided by harmed states and those provided by the different kinds of harming actions in order to establish a priority rule between them. (shrink)

Journal of Political Philosophy, EarlyView.

In this paper, we argue that, under a specific set of circumstances, designing and employing certain kinds of virtual reality (VR) experiences can be unethical. After a general discussion of simulations and their ethical context, we begin our argu-ment by distinguishing between the experiences generated by different media (text, film, computer game simulation, and VR simulation), and argue that VR experiences offer an unprecedented degree of what we call “perspectival fidelity” that prior modes of simulation lack. Additionally, we argue that (...) when VR experiences couple this perspectival fidelity with what we call “context realism,” VR experiences have the ability to produce “virtually real experiences.” We claim that virtually real experiences generate ethical issues for VR technologies that are unique to the medium. Because subjects of these experiences treat them as if they were real, a higher degree of ethical scrutiny should be applied to any VR scenario with the potential to generate virtually real experiences. To mitigate this unique moral hazard, we propose and defend what we call “The Equivalence Principle.” This principle states that “if it would be wrong to allow subjects to have a certain experience in reality, then it would be wrong to allow subjects to have that experience in a virtually real setting.” We argue that such a principle, although limited in scope, should be part of the risk analysis conducted by any Institutional Review Boards, psychologists, empirically oriented philosophers, or game designers who are using VR technology in their work. (shrink)

It is commonly argued that a serious right to life is grounded only in actual, relatively advanced psychological capacities a being has acquired. The moral permissibility of abortion is frequently argued for on these grounds. Increasingly it is being argued that such accounts also entail the permissibility of infanticide, with several proponents of these theories accepting this consequence. We show, however, that these accounts imply the permissibility of even more unpalatable acts than infanticide performed on infants: organ harvesting, live experimentation, (...) sexual interference, and discriminatory killing. The stronger intuitions against the permissibility of these ‘pre-personal acts’ allow us to re-establish a comprehensive and persuasive reductio against psychological accounts of persons. (shrink)

A number of philosophers have resisted impersonal explanations of our obligation to mitigate climate change, and have developed accounts according to which these obligations are explained by human rights or harm-based considerations. In this paper I argue that several of these attempts to explain our mitigation obligations without appealing to impersonal factors fail, since they either cannot account for a plausibly robust obligation to mitigate, or have implausible implications in other cases. I conclude that despite the appeal of the motivations (...) for rejecting the appeal to impersonal factors, such factors must play a prominent role in explaining our mitigation obligations. (shrink)

Hasta hace no mucho tiempo, la mayor parte de nuestras discusiones sobre derechos y obligaciones giraba en relación a lo que le debemos a nuestros contemporáneos, sean estos conciudadanos o habitantes de otras partes del mundo. Este libro intenta adentrarse en el estudio de la cuestión intergeneracional e incluye, por un lado, las discusiones referidas a nuestras obligaciones para con las personas futuras; y, por el otro, a aquellas derivadas de la comisión de actos de injusticia por parte de determinados (...) miembros de generaciones pasadas. -/- El libro se edifica sobre el trabajo de Lukas H. Meyer y, además de contar con su propia contribución, posee una serie de ensayos referidos a su obra. El texto de Meyer intenta identificar qué hechos diferencian a las relaciones entre contemporáneos de las relaciones intergeneracionales. Además, discute diversas cuestiones tales como: si y en qué sentido puede considerarse que las generaciones futuras tienen derechos; el problema de la no identidad; el asunto referido a cómo especificar un umbral de bienestar satisfactorio, capaz de guiar nuestras políticas referidas a generaciones futuras; y la importancia de las injusticias históricas. -/- Las contribuciones de Alessandro Pinzani y Santiago Truccone Borgogno discuten diversos aspectos de la noción de daño defendida por Meyer. Pinzani argumenta que tal noción lleva necesariamente a la conclusión de que tenemos el deber de intervenir en el patrimonio genético de las personas para mejorarlo. Truccone Borgogno elabora una serie de principios que nos permitan graduar la fuerza de las razones en contra de dañar. Laura García Portela, por su parte, analiza el rol de las emisiones históricas de gases de efecto invernadero en el diseño de esquemas distributivos de justicia climática. Finalmente, Daniel Hans Loewe discute el problema de sostener consistentemente la tesis de la asimetría en nuestras decisiones reproductivas. -/- Reviewed by Daniel Kalpokas (2019) TRUCCONE BORGOGNO, SANTIAGO (Comp.) Justicia Intergeneracional. Ensayos desde el pensamiento de Lukas H. Meyer, Universidad Nacional de Córdoba, 2017. ISBN: 978-987-707-063-7, Special Issue on Justicia Intergeneracional y Cambio Climático (Intergenerational Justice and Climate Change). Prometeica: Revista de Filosofía y Ciencias, año 1019, Nº 18. (shrink)

In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...) the defended notion of harm could help to solve cases of hypothetical and alternative causal courses. In relation to the analytical stratum of unlawfulness (or wrongfulness), I will show that the proposed ranking of the severity of harms help us to distinguish between cases of necessity as justification and necessity as excuse. In relation to the analytical stratum of culpability, I will show that the principles regarding the strength of the reasons against harming help us to supply straightforward criteria to measure the punishment to impose for having committed some crime. -/- En este trabajo intentaré defender una noción combinada de daño de acuerdo a la cual existen dos tipos de daños cualitativamente diferentes. Asimismo, defenderé un modo en que la gravedad de los diferentes daños puede ser graduada. Derivado de lo anterior, extraeré tres principios sobre la fuerza de las razones en contra de dañar. La tesis defendida proporcionará herramientas para resolver algunos problemas de la parte general de derecho penal. En relación al tipo penal, mostraré que la noción de daño defendida puede ayudar a resolver casos de cursos causales alternativos e hipotéticos. En referencia a la antijuridicidad, mostraré que la clasificación de la gravedad de los daños propuesta ayuda a distinguir qué casos de estado de necesidad deben considerarse como justificación y cuales como excusa. En referencia a la culpabilidad, mostraré que los principios sobre la diferente fuerza de las razones en contra de dañar ayudan a aportar criterios claros para la individualización de la pena a imponer por la comisión de un delito. (shrink)

In this paper I tried to find a harm based solution to the non-identity problem. I explore the view upon which future persons are harmed if we prevent them from having what it is required by the Principle of Utility.

This article explores the issue of homelessness from the perspective of someone who has experienced homelessness, as someone who has worked with the homeless and heard the stories of ‘our friends on the street’, as a mother distressed to see other mothers’ children, no matter their age, in such dire circumstances, and as a philosopher driven to interrogate the hidden assumptions and beliefs motivating our choices, judgments, and behavior. I wish to stress that homelessness must be addressed from the philosophical (...) perspective not only with regard to the individual, but also with regard to the individual as belonging to the ‘we’. This ‘we’ must include all the people involved, from the homeless person laying out her swag under the bridge, to the policy-makers earning fabulous salaries. I’ll propose that a deeper understanding of what’s called ‘double incorporation’ is a crucial step towards galvanizing political will to implement solutions that have already been identified. (shrink)

In this chapter, I focus on the experience of torture and, more specifically, on Jean Améry's account of it in his book *At the Mind's Limits*. There he claims that the loss of confidence in the world is the most devastating effect he experienced as a victim of torture. I thus explore what cosmopolitan aspiration may be revealed by this loss and also discuss whether it is to be discredited as an irrational reaction on the victim's side or instead as (...) proportional to the facts and, consequently, as relevant to the conditions under which a certain cosmopolitan aspiration could be achieved or, at least, favored. (shrink)

_ Source: _Volume 14, Issue 1, pp 73 - 87 According to action-relative accounts of harming, an action harms someone only if it makes her worse off in some respect than she would have been, had the action not been performed. Action-relative accounts can be contrasted with effect-relative accounts, which hold that an action may harm an individual in virtue of its effects on that individual, regardless of whether the individual would have been better off in the absence of the (...) action. In this paper, I argue that our judgments about the strength of the reason against harming lend support to effect-relative accounts over action-relative accounts. I first criticize Fiona Woollard’s argument for the claim that an effect-relative account of harming could ground only a weak reason against harming. I then argue for a set of three principles that can be conjoined with an effect-relative account to explain the strength of the reason against harming. (shrink)

In this paper I intend to analyse the meaning of harm as well as the strength of the reasons against harming provided by harm-states. I will argue that there are two kinds of harms: absolute harms and relative harms. Also, I will argue that when certain harm has been completely covered by considering such harm as absolute, the consideration of such harm as –also– relative is displaced. Such considerations should be taken into account when the suffered harms cannot be entirely (...) explained by considerations regarding absolute harms. If these claims are right, we will have guidelines to measure, among other things, the agent´s moral responsibility in different kind of cases. -/- En este trabajo me propongo analizar tanto qué significa sufrir un daño como la fuerza de las razones en contra de dañar que se derivan de los estados de daño. Argumentaré que existen distintos tipos de daño: absolutos y relativos, y que los primeros son cualitativamente más graves que los segundos. Argumentaré también que, si los daños sufridos pueden ser explicados enteramente en términos de daños absolutos, las consideraciones referidas a los daños relativos no deben entrar en juego. Tales consideraciones sólo deben ser tenidas en cuenta cuando los daños sufridos no puedan ser explicados enteramente en términos de daños absolutos. Si estas afirmaciones son correctas, contaremos con lineamientos que pueden servir de guía para, entre otras cosas, graduar la responsabilidad de los agentes en diferente clase de casos. (shrink)