Criminal Law and Philosophy 10 (4):777-794 (2016)

Alex Guerrero
Rutgers University - New Brunswick
There has been a great deal of philosophical discussion about using people, using people intentionally, using people as a means to some end, and using people merely as a means to some end. In this paper, I defend the following claim about using people: NOT ALWAYS WRONG: using people—even merely as a means—is not always morally objectionable. Having defended that claim, I suggest that the following claim is also correct: NO ONE FEATURE: when it is morally objectionable to use people, this is for many different kinds of reasons—there is no one wrong-making feature that every morally objectionable using has in common. After discussing these claims, I use them to present and motivate what I call the “precaution” theory of norms against using people. I conclude by considering a few cases from the criminal law context—cases that are naturally described as using people—to assess the moral appropriateness of this kind of use in these cases, and to demonstrate how the theory applies to the real world.
Keywords Using people  Deontology  Arrest quotas  Kantian ethics  Derek Parfit  Consequentialism  use  treating as a means  mere means  merely as a means
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DOI 10.1007/s11572-014-9346-x
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Transcending the Means Principle.Alec Walen - 2014 - Law and Philosophy 33 (4):427-464.

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Epistemic Paternalism Online.Clinton Castro, Adam Pham & Alan Rubel - 2020 - In Guy Axtell & Amiel Bernal (eds.), Epistemic Paternalism. London: Rowman & Littlefield. pp. 29-44.

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