Switch to: References

Add citations

You must login to add citations.
  1. Requirement‐Sensitive Legal Moralism: A Critical Assessment.Morten Ebbe Juul Nielsen - 2012 - Ratio Juris 25 (4):527-554.
    Requirement‐sensitive legal moralism is a species of legal moralism in which the legitimacy of turning moral into legal demands depends on the existence of a legitimate moral requirement, producing a legitimate social requirement, which can then ground a legitimate legal requirement. Crucially, each step is defeasible by contingent or instrumental, but not intrinsic moral factors. There is no genuinely moral sphere in which the law is not to interfere; only contingent, non‐moral factors can defeat this. Using William A. Edmundson's Three (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  • Daño al futuro: ¿Puede el no comparativismo resolver el problema de la no-identidad?Santiago Truccone Borgogno - 2017 - Daimon: Revista Internacional de Filosofía 70:83-96.
    la tesis clásica del daño afirma que un sujeto daña a otro cuando lo coloca en una peor situación de la que podría estar de otro modo. Sin embargo, algunas acciones causan consecuencias malas en determinados sujetos pero no los colocan en una condición peor de la que podrían estar de otro modo. En tales casos el no-comparativismo parece poder aportar la solución correcta desde que, para tales tesis dañar a otro es colocar a un sujeto en una condición mala. (...)
    Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  • Public Goods and Procreation.Jonny Anomaly - 2014 - Monash Bioethics Review 32 (3-4):172-188.
  • The Harm Principle and Genetically Modified Food.Nils Holtug - 2001 - Journal of Agricultural and Environmental Ethics 14 (2):168-178.
    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 (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  • Doing Away with Harm1.Ben Bradley - 2012 - Philosophy and Phenomenological Research 85 (2):390-412.
    No categories
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   40 citations  
  • On Respecting Animals, or Can Animals Be Wronged Without Being Harmed?Angela Martin - 2019 - Res Publica 25 (1):83-99.
    There is broad agreement that humans can be wronged independently of their incurring any harm, that is, when their welfare is not affected. Examples include unnoticed infringements of privacy, ridiculing unaware individuals, or disregarding individuals’ autonomous decision-making in their best interest. However, it is less clear whether the same is true of animals—that is, whether moral agents can wrong animals in situations that do not involve any harm to the animals concerned. In order to answer this question, I concentrate on (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Agricultural Innovation and the Role of Institutions: Lessons From the Game of Drones.Per Frankelius, Charlotte Norrman & Knut Johansen - 2019 - Journal of Agricultural and Environmental Ethics 32 (5-6):681-707.
    In 2015, observers argued that the fourth agricultural revolution had been initiated. This article focuses on one part of this high-tech revolution: the origin, development, applications, and user value of unmanned aerial systems. Institutional changes connected to the UAS innovation are analyzed, based on a Swedish case study. The methods included autoethnography. The theoretical frame was composed by four perspectives: innovation, institutions, sustainability, and ethics. UAS can help farmers cut costs and produce higher quantity with better quality, and also has (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • Harm and the Concept of Medical Disorder.Neil Feit - 2017 - Theoretical Medicine and Bioethics 38 (5):367-385.
    According to Jerome Wakefield’s harmful dysfunction analysis of medical disorder, the inability of some internal part or mechanism to perform its natural function is necessary, but not sufficient, for disorder. HDA also requires that the part dysfunction be harmful to the individual. I consider several problems for HDA’s harm criterion in this article. Other accounts on which harm is necessary for disorder will suffer from all or almost all of these problems. Comparative accounts of harm imply that one is harmed (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Who Should Decide How Machines Make Morally Laden Decisions?Dominic Martin - 2017 - Science and Engineering Ethics 23 (4):951-967.
    Who should decide how a machine will decide what to do when it is driving a car, performing a medical procedure, or, more generally, when it is facing any kind of morally laden decision? More and more, machines are making complex decisions with a considerable level of autonomy. We should be much more preoccupied by this problem than we currently are. After a series of preliminary remarks, this paper will go over four possible answers to the question raised above. First, (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • Race Research and the Ethics of Belief.Jonny Anomaly - 2017 - Journal of Bioethical Inquiry 14 (2):287-297.
  • Industrial Farm Animal Production: A Comprehensive Moral Critique.John Rossi & Samual A. Garner - 2014 - Journal of Agricultural and Environmental Ethics 27 (3):479-522.
    Over the past century, animal agriculture in the United States has transformed from a system of small, family farms to a largely industrialized model—often known as ‘industrial farm animal production’ (IFAP). This model has successfully produced a large supply of cheap meat, eggs and dairy products, but at significant costs to animal welfare, the environment, the risk of zoonotic disease, the economic and social health of rural communities, and overall food abundance. Over the past 40 years, numerous critiques of IFAP (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  • The Harm of Medical Disorder as Harm in the Damage Sense.David Limbaugh - 2019 - Theoretical Medicine and Bioethics 40 (1):1-19.
    Jerome Wakefield has argued that a disorder is a harmful dysfunction. This paper develops how Wakefield should construe harmful in his harmful dysfunction analysis. Recently, Neil Feit has argued that classic puzzles involved in analyzing harm render Wakefield’s HDA better off without harm as a necessary condition. Whether or not one conceives of harm as comparative or non-comparative, the concern is that the HDA forces people to classify as mere dysfunction what they know to be a disorder. For instance, one (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Effective Contact Tracing for COVID-19 Using Mobile Phones: An Ethical Analysis of the Mandatory Use of the Aarogya Setu Application in India.Saurav Basu - 2021 - Cambridge Quarterly of Healthcare Ethics 30 (2):262-271.
    Several digital contact tracing smartphone applications have been developed worldwide in the effort to combat COVID-19 that warn users of potential exposure to infectious patients and generate big data that helps in early identification of hotspots, complementing the manual tracing operations. In most democracies, concerns over a breach in data privacy have resulted in severe opposition toward their mandatory adoption. This paper examines India as a noticeable exception, where the compulsory installation of such a government-backed application, the “Aarogya Setu” has (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • The Teleological Account of Proportional Surveillance.Frej Klem Thomsen - 2020 - Res Publica (3):1-29.
    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 (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  • Ethical and Legal Analyses of Policy Prohibiting Tobacco Smoking in Enclosed Public Spaces.Taiwo A. Oriola - 2009 - Journal of Law, Medicine and Ethics 37 (4):828-840.
    A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Ethical and Legal Analyses of Policy Prohibiting Tobacco Smoking in Enclosed Public Spaces.Taiwo A. Oriola - 2009 - Journal of Law, Medicine and Ethics 37 (4):828-840.
    It is axiomatic that tobacco smoking is hazardous to health. The statistics are well documented and often very grim. For example, the 2008 World Health Organization Report on the global tobacco epidemic presented the following statistics: a hundred million people died of tobacco-related diseases globally in the 20th century; there are approximately over five million tobacco-related deaths every year; and an estimated one billion could die of tobacco-related diseases in this 21st century.Significantly, no other risky, self-indulgent addictive behaviors such as (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Harm as Negative Prudential Value: A Non-Comparative Account of Harm.Tanya de Villiers-Botha - 2020 - SATS 21 (1):21-38.
    In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative approach to defining (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • Harm: The Counterfactual Comparative Account, the Omission and Pre-Emption Problems, and Well-Being.Tanya De Villiers-Botha - 2018 - South African Journal of Philosophy 37 (1):1-17.
    The concept of “harm” is ubiquitous in moral theorising, and yet remains poorly defined. Bradley suggests that the counterfactual comparative account of harm is the most plausible account currently available, but also argues that it is fatally flawed, since it falters on the omission and pre-emption problems. Hanna attempts to defend the counterfactual comparative account of harm against both problems. In this paper, I argue that Hanna’s defence fails. I also show how his defence highlights the fact that both the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  • Harm and Discrimination.Katharina Berndt Rasmussen - 2018 - Ethical Theory and Moral Practice 22 (4):873-891.
    Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • The Factualization of Uncertainty: Risk, Politics, and Genetically Modified Crops – a Case of Rape.Gitte Meyer, Anna Paldam Folker, Rikke Bagger Jørgensen, Martin Krayer von Krauss, Peter Sandøe & Geir Tveit - 2005 - Agriculture and Human Values 22 (2):235-242.
    Mandatory risk assessment is intended to reassure concerned citizens and introduce reason into the heated European controversies on genetically modified crops and food. The authors, examining a case of risk assessment of genetically modified oilseed rape, claim that the new European legislation on risk assessment does nothing of the sort and is not likely to present an escape from the international deadlock on the use of genetic modification in agriculture and food production. The new legislation is likely to stimulate the (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Prostitution, Disability and Prohibition.Frej Klem Thomsen - 2015 - Journal of Medical Ethics 41 (6):451-459.
    Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Haidt Et Al.'s Case for Moral Pluralism Revisited.Tanya De Villiers-Botha - 2020 - Philosophical Psychology 33 (2):244-261.
    Recent work in moral psychology that claims to show that human beings make moral judgements on the basis of multiple, divergent moral foundations has been influential in both moral psychology and moral philosophy. Primarily, such work has been taken to undermine monistic moral theories, especially those pertaining to the prevention of harm. Here, I call one of the most prominent and influential empirical cases for moral pluralism into question, namely that of Jonathan Haidt and his colleagues. I argue that Haidt (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • What is Wrong with Extinction?Erik Persson - 2008 - Dissertation, Lund University
    The aim of this investigation is to answer the question of why it is prima facie morally wrong to cause or contribute to the extinction of species. The first potential answer investigated in the book is that other species are instrumentally valuable for human beings. The results of this part of the investigation are that many species are instrumentally valuable for human beings but that not all species are equally valuable in all cases. The instrumental values of different species also (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  • Reformulating Mill’s Harm Principle.Ben Saunders - 2016 - Mind 125 (500):1005-1032.
    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 (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  • Understanding Risk in Forest Ecosystem Services: Implications for Effective Risk Management, Communication and Planning.Kristina Blennow, Johannes Persson, Annika Wallin, Niklas Vareman & Erik Persson - 2014 - Forestry 87:219-228.
    Uncertainty, insufficient information or information of poor quality, limited cognitive capacity and time, along with value conflicts and ethical considerations, are all aspects thatmake risk managementand riskcommunication difficult. This paper provides a review of different risk concepts and describes how these influence risk management, communication and planning in relation to forest ecosystem services. Based on the review and results of empirical studies, we suggest that personal assessment of risk is decisive in the management of forest ecosystem services. The results are (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  • Harm, Benefit, and Non-Identity.Per Algander - 2013 - Dissertation, Uppsala University
    This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The main ground for rejecting (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • What is Wrong with Extinction? - The Answer From Anthropocentric Instrumentalism.Erik Persson - 2006 - Dissertation, Lund University
    The book contains the first part of an investigation aimed at finding out why it is morally wrong to cause species to go extinct. That it is morally wrong seems to be a very basic and widely held intuition. It seems reasonable that a moral theory worth taking seriously ought to be able to account for that intuition. The most common attempt to answer our question is to refer to the instrumental value of the species for human beings – the (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Smoky Rooms and Fuzzy Harms: How Should the Law Respond to Harmful Parental Practices?M. F. Jonas & S. J. Thornley - 2011 - Public Health Ethics 4 (2):129-142.
    This article considers how legislators should respond to evidence that identifies a common and widely accepted parental practice as a potential source of harm to children, using domestic exposure to environmental tobacco smoke as a test case. It is claimed that children are parties to the Harm Principle, and that the State has an obligation to protect children from exposure to harm. Parental prerogative is limited by the need to avoid harming children. That said, there is considerable uncertainty about what (...)
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  • Global Egalitarianism as a Practice-Independent Ideal.Merten Reglitz - 2011 - Dissertation, University of Warwick
    In this thesis I defend the principle of global egalitarianism. According to this idea most of the existing detrimental inequalities in this world are morally objectionable. As detrimental inequalities I understand those that are not to the benefit of the worst off people and that can be non-wastefully removed. To begin with, I consider various justifications of the idea that only those detrimental inequalities that occur within one and the same state are morally objectionable. I identify Thomas Nagel’s approach as (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  • The Precautionary Principle and the Tolerability of Blood Transfusion Risks.Koen Kramer, Hans L. Zaaijer & Marcel F. Verweij - 2017 - American Journal of Bioethics 17 (3):32-43.
    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. (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  • No Offense! On the Offense Principle and Some New Challenges.Thomas Søbirk Petersen - 2016 - Criminal Law and Philosophy 10 (2):355-365.
    A central aim within criminal justice ethics is to give a plausible justification concerning which type of acts ought to be criminalized by the state. One of the principles of criminalization which has been presented and critically discussed in the philosophical literature is the Offense Principle. The primary aim of this paper is to argue that unless a rather special and implausible objective list theory of well-being is accepted, the Offense Principle should be subsumed in the Harm Principle.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Being Worse Off: But in Comparison with What? On the Baseline Problem of Harm and the Harm Principle.Thomas Søbirk Petersen - 2014 - Res Publica 20 (2):199-214.
    Several liberal philosophers and penal theorists have argued that the state has a reason to prohibit acts that harm individuals. But what is harm? According to one specification of harm, a person P is harmed by an act a iff, as a result of a, P is made worse off in terms of well-being. One central question here involves the baseline against which we assess whether someone is ‘worse off’. In other words, when a person is harmed he is worse (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  • Harm to Others: The Social Cost of Antibiotics in Agriculture.Jonny Anomaly - 2009 - Journal of Agricultural and Environmental Ethics 22 (5):423-435.
    See "What's Wrong with Factory Farming?" (2015) for an updated treatment of these issues.
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark   12 citations  
  • From Facebook to Tracebook: A Justified Means to Prevent Infection Risks?A. Krom - 2014 - Public Health Ethics 7 (1):54-56.
    After arrival in a hospital, a man with suspected meningococcal septicaemia slips into a coma. One of his friends posts a message on the patient’s Facebook ‘wall’ informing three named contacts that the patient has meningitis and tells them to speak to a doctor. At the request of the Health Protection Unit (HPU), this message is later modified, to reduce unnecessary anxiety and to provide better guidance (Mandeville et al., 2013). Based on the harm principle and considerations of reasonableness, it (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  • The Tacit Concept of Competence in J. S. Mill's On Liberty.Thomas Nys - 2006 - South African Journal of Philosophy 25 (4):305-328.
    In this paper I will argue that Mill employs a tacit concept of competence in On Liberty. I will focus on the role of truth and individuality in On Liberty. Competence is a precondition for individuality, and as such, it is a threshold concept: those above the threshold are sensitive to rational argument and should be free to pursue happiness in their own way (because they are guided by the truth), whereas those who fail to meet this threshold should be (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  • Assessing Baselines for Identifying Harm: Tricky Cases and Childhood.Monique Jonas - 2016 - Res Publica 22 (4):387-404.
    Baselines are commonly used to enable harm identification. The temporal, the counterfactual and the duty-based normative baselines are the most prominent. Each of these captures an aspect of common conceptions of what it is to harm and be harmed. However, each baseline also fails to deliver workable identifications of harm when presented with certain types of case. Problematic cases are found readily in childhood, a venue in which harm identification is often called for. Without a reliable means of identifying harm (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  • The Principle-Based Method of Practical Ethics.Georg Spielthenner - 2017 - Health Care Analysis 25 (3):275-289.
    This paper is about the methodology of doing practical ethics. There is a variety of methods employed in ethics. One of them is the principle-based approach, which has an established place in ethical reasoning. In everyday life, we often judge the rightness and wrongness of actions by their conformity to principles, and the appeal to principles plays a significant role in practical ethics, too. In this paper, I try to provide a better understanding of the nature of principle-based reasoning. To (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  • Theories of Criminal Law.Antony Duff - 2008 - Stanford Encyclopedia of Philosophy.
    Direct download  
     
    Export citation  
     
    Bookmark   7 citations