This open access book provides the first explicit case study for an application of the method of reflective equilibrium (RE), using it to develop and defend a precautionary principle. It thereby makes an important and original contribution to questions of philosophical method and methodology. The book shows step-by-step how RE is applied, and develops a methodological framework which will be useful for everyone who wishes to use reflective equilibrium. With respect to precautionary principles, the book demonstrates how a rights-based precautionary (...) principle can be constructed and defended. The case study succeeds in demonstrating that RE can be successfully applied and puts real constraints on the justification process. This is all the more remarkable as the case study was designed as an open-ended process, without presupposing any specific results. This book will be highly relevant both to people interested in philosophical methodology and epistemology, as well as to researchers who are interested in using philosophical methods and tools and applying them to practical problems. (shrink)

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...) account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance. (shrink)

Extinction is a concept of rapidly growing importance, with the world currently in the sixth mass extinction event and a biodiversity crisis. However, the concept of extinction has itself received surprisingly little attention from philosophers. I will first argue that in practice there is no single unified concept of extinction, but instead that its usage divides between descriptive, epistemic, and declarative concepts. I will then consider the epistemic challenges that arise in ascertaining whether a species has gone extinct, and how (...) these lead to serious limitations on responsibility and accountability for preventing extinctions. I will propose two conceptual engineering changes to our understanding of extinction. Firstly, to use twin epistemic concepts of extinction, corresponding to high and low epistemic demands. Secondly, to explicitly recognize that in many contexts extinction is a thick concept that contains an evaluative component, which therefore motivates explicit ethical considerations such as the use of precautionary principles. (shrink)

Bartha and DesRoches (2021) and Steel and Bartha (2023) argue that we should understand the precautionary principle as the injunction to maximise lexical utilities. They show that the lexical utility model has important pragmatic advantages. Moreover, the model has the theoretical advantage of satisfying all axioms of expected utility theory except continuity. In this paper I raise a trilemma for any attempt at modelling the precautionary principle with lexical utilities: it permits choice cycles or leads to paralysis or implies that (...) the smallest value difference that is possible in a context has extreme axiological implications. (shrink)

In this article, we defend two claims about the precautionary principle. The first is that there is no ‘core’ precautionary principle that unifies all its different versions. It is more plausible to think of the different versions as being related to each other by way of family resemblances. So although precautionary principle x may have much in common with precautionary principle y, and y with z, there is no set of necessary and sufficient conditions that unify all versions of the (...) principle. Our second claim is that it is sometimes appropriate to think of the precautionary principle as a midlevel principle in the sense proposed by Beauchamp and Childress in their Principles of Biomedical Ethics, i.e. as a non-rigid moral principle. We argue that if the precautionary principle is conceived as a non-rigid principle that needs to be balanced against other principles before a moral verdict can be reached, then this enables us to address some standard objections to the principle. (shrink)

The precautionary principle (PP) is an influential principle for making decisions when facing uncertain, but potentially severe, harm. However, there is a persistent disagreement about what the principle entails, exactly. It exists in a multitude of formulations and has potentially conflicting ideas associated with it. Is there even such a thing as ‘the precautionary principle’? This paper analyses the debate between unificationists and pluralists about ‘the PP’, arguing that the debate is hindered by neglecting the question of justification. It introduces (...) reflective equilibrium as a method of justification, and sketches how it could be applied to justify a PP. (shrink)

This paper situates the concept of resilience in the context of intergenerational climate justice. It argues that overlooking intergenerational justice questions when it comes to resilience can lead to blind-spots in resilience-building policies. Introducing a sufficientarian basic needs-based conception of justice, it explores the relationship between distributive justice and resilience, linking person-based justice accounts to community- and/or society-based resilience accounts. Based on these discussions, it develops a conception of intergenerational climate resilience and a policy matrix that can assist in assessing (...) policies in terms of intergenerational justice. It argues that taking intergenerational resilience seriously would widen the concept of resilience and lead to difficult trade-offs in terms of mitigation and adaptation. It further discusses a future research agenda into intergenerational climate resilience. (shrink)

In the initial phase of the COVID-19 pandemic, Sweden’s response stood out as an exception. For example, Sweden did not introduce any lockdowns, while many other countries did. In this paper I take the Swedish Corona Commission’s critique of the initial Swedish response as a point of departure for a general analysis of precaution in relation to pandemics. The Commission points out that in contrast to many other countries Sweden did not follow ‘the precautionary principle’. Based on this critique, the (...) Commission proposes that the precautionary principle should be included among Sweden’s guiding principles for crisis management. However, as the debate on this principle during the last 30 years indicates, the principle is loaded with problems. I discuss one of these problems, namely its lack of clarity. I argue, however, that this problem is not unsurmountable. A principle is lacking clarity precisely by being a principle and not a rule with a well-defined meaning. As a principle it indicates a direction but does not prescribe a specific action. However, to be action-guiding its content needs to be specified by rational deliberation. With this in mind, I propose a framework for specification of the precautionary principle as applied to pandemics. The framework focuses on the principle’s four key elements: threat, uncertainty, action and responsibility. I also suggest certain general ethical restrictions on specification. (shrink)

Tolerance for blood transfusion risks is very low, as evidenced by the implementation of expensive blood tests and the rejection of gay men as blood donors. Is this low risk tolerance supported by the precautionary principle, as defenders of such policies claim? We discuss three constraints on applying the precautionary principle and show that respecting these implies tolerating certain risks. Consistency means that the precautionary principle cannot prescribe precautions that it must simultaneously forbid taking, considering the harms they might cause. (...) Avoiding counterproductivity requires rejecting precautions that cause more harm than they prevent. Proportionality forbids taking precautions that are more harmful than adequate alternatives. When applying these constraints, we argue, attention should not be restricted to harms that are human caused or that affect human health or the environment. Tolerating transfusion risks can be justified if available precautions have serious side effects, such as high social or economic costs. (shrink)

The Precautionary Principle is a highly influential feature of an extensive body of environmental law, and is also highly controversial and continues to generate scholarly debates along several dim...

According to Bedau and Triant decision-makers will be substantially ignorant about the consequences of their candidate choices when making decisions about synthetic biology. Bedau and Triant charac...

Conservationists have two types of arguments for why we should conserve ecosystems: instrumental and intrinsic value arguments. Instrumental arguments contend that we ought to conserve ecosystems because of the benefits that humans, or other morally relevant individuals, derive from ecosystems. Conservationists are often loath to rely too heavily on the instrumental argument because it could potentially force them to admit that some ecosystems are not at all useful to humans, or that if they are, they are not more useful than (...) alternative configurations of those ecosystems. Consequently, conservationists often resort to an intrinsic value argument, contending that ecosystems are objectively valuable as ends in themselves, rather than merely as means to an end. If ecosystems have intrinsic value, then they have moral standing, which means that we must consider their needs and interests in any decisions we make about them. This paper concerns the significance of this move for... (shrink)

Our aim is to defend the Precautionary Principle (PP) against the main theoretical and practical criticisms that it has raised by proposing a novel conception and a specific formulation of the principle. We first address the theoretical concerns against the idea of there being a principle of precaution by arguing for a distinctively political conception of the PP as opposed to a moral one. Our claim is that the rationale of the PP is grounded in the fact that contemporary societies (...) wish to avoid morally unacceptable risks while at the same time pursuing other goals, aspirations and values. Following this political conception of the PP, we propose a specific formulation in terms of an argumentation scheme—the Argumentation Scheme for Appealing to Precaution—which is meant to solve, in turn, the main practical concerns that the PP has raised. We explain the advantages of our proposal by analysing appeals to precaution in the cases of (1) the European restrictions on the free movement of persons during the COVID-19 pandemic and (2) the discharge of nuclear wastes into the Irish Sea. (shrink)

Confronted with the possibility of severe environmental harms, such as catastrophic climate change, some researchers have suggested that we should abandon the principle at the heart of standard decision theory—the injunction to maximize expected utility—and embrace a different one: the Precautionary Principle. Arguably, the most sophisticated philosophical treatment of the Precautionary Principle is due to Steel. Steel interprets PP as a qualitative decision rule and appears to conclude that a quantitative decision-theoretic statement of PP is both impossible and unnecessary. In (...) this article, we propose a decision-theoretic formulation of PP in terms of lexical utilities. We show that this lexical model is largely faithful to Steel’s approach, but also that it corrects three problems with Steel’s account and clarifies the relationship between PP and standard decision theory. Using a range of examples, we illustrate how the lexical model can be used to explore a variety of issues related to precautionary reasoning. (shrink)

As our experience with this special issue shows, climate change is such a multi-faceted problem that interdisciplinary research is a necessity. This is much more easily said than done. In the course of the publication of this special issue there were many lessons to be learned. First of all we saw how the exchange between our authors allowed them to expand the focus of their respective disciplines. Philosophers considered literature from various fields they would not have touched upon in their (...) usual course of inquiry. Scientists and legal scholars became more sensitive to the normative dimensions and justice-related intricacies involved in their research. This enabled all contributors to open up to different vocabularies and standards of research. At the same time, however, several obstacles to the success of this issue emerged as well. For such an endeavor it is necessary to find researchers who are ready to engage with other disciplines and to take up ideas and comments which at first sight might not seem relevant and out of place from their disciplinary perspective. Due to the special format another challenge was to communicate the interdisciplinary character of this special issue to the reviewers and to put the reviews in context accordingly without risking to diminish the disciplinary quality of contributions. For the guest editors this came with a further challenge. We not only had to become familiar with different disciplinary vocabularies and standards of research but also had to judge the quality and relevance of contributions in the light of our overall aim as well as disciplinary standards of quality. (shrink)