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

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

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

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

The primary concern of the present paper is to answer the question, ‘What is the relation between non-identity and truth in Adorno’s Negative Dialectics?’ It employs Adorno’s articulation of the ‘outside’ of philosophy, which underpins the need for conceptual constellations if we are to mimetically examine the non-conceptual thing. Following this a further question presents itself: how do these engagements inflict a critical mark on the Hegelian method of totalization – the dialectic of truth? The essay ends with an analysis (...) of two films, Metropolis and Primal Fear, aimed at separating out Hegelian conceptions of truth from Adornian unresolved truth; the former aimed at a universal, the latter indicative of a non-identical aporia. We must conclude with the possibility that to leave the unresolved nature of non-identity unresolved for truth is the ontological challenge par excellence that presented itself to Adorno’s negative dialectics as it presents itself to post-Kantian continental philosophy today. (shrink)

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

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

History is replete with false and unfulfilled promises, but also with singular acts of courage, resilience, and ingenuity. These episodes have led to significant changes in the way people think and act in the world, or have set the stage for such transformations in the form of rational expectations in theory and the hopeful anticipations of dialectical imagination. -/- Negative Dialectics and Event: Nonidentity, Culture, and the Historical Adequacy of Consciousness revisits some of Theodor W. Adorno’s most influential writings (...) and theoretical interventions to argue not only that his philosophy is uniquely suited to bring such events into sharp relief and reflect on their entailments, but also that an effective historical consciousness today would be a consciousness awake to the events that interpellate and shape it into existence. -/- More broadly, Vangelis Giannakakis presents a compelling argument in support of the view that the critical theory developed by the first generation of the Frankfurt School still has much to offer in terms of both cultivating insights into contemporary human experience and building resistance against states of affairs that impede human flourishing and happiness. (shrink)

Journal of Social Philosophy, EarlyView.

This paper will provide an immanent critique of the political theory of Herbert Marcuse. I argue that Marcuse’s politics are often inadequate when considered from the standpoint of his theory of socialism, the latter being understood as the realization of the negative human capacity for creation in all those fields within which the human being is active. Although Marcuse’s politics often reveals itself as instrumental and managerialist in orientation, I will argue that there nevertheless remains a certain countertendency in his (...) philosophy, one which can be seen as affirming a negative and nonidentitarian politics of overcoming that looks always toward creation. (shrink)

In this essay Christiane Thompson discusses the systematic outcomes of Theodor Adorno's philosophical work for a reworked theory of Bildung. In his essay “Theory of Halbbildung,” Adorno revealed the inevitable failure of Bildung, on the one hand, and the necessity of Bildung, on the other. After having exposed this contradiction, Thompson seeks to analyze Bildung's systematic role by turning to Adorno's reflections on art and metaphysics. Adorno's concept of aesthetic experience hints at the possibility of a more genuine approach to (...) Bildung and culture, one that makes the borders of our experience visible and, as a result, suggests a different relation to ourselves and to the world. She concludes by examining the critical dimensions of this different Bildung as well as its pedagogical relevance. (shrink)

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

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

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

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

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

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

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

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

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

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

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

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

What is it to be seen (naked) by one's cat? In “L'animal que donc je suis” (2006), the first of several lectures that he presented at a conference on the “autobiographical animal,” Jacques Derrida tells of his discomfort when, emerging from his shower one day, he found himself being looked at by his cat. Th experience leads him, by way of reflections on the question of the animal, to what is arguably the question of his philosophy: Who am I? It (...) is not so much that Derrida wants to answer this question as to be free of it. His task here is to determine the sense of it— where it leads, for example, when it comes to the nature of the diff erence between himself and his cat. Unlike animal rights activists (and unlike philosophers Martha Nussbaum and Cora Diamond, who have recently addressed this issue), Derrida does not want to erase this difference but wants to multiply it in order (among other things) to affirm the absolute alterity or singularity of his cat, which cannot be subsumed by any category (such as the animal). His cat is an Other in a way that no human being (supposing there to be such a thing, which Derrida is not prepared to grant) could ever be. And here is where “the question who?” leads as well, namely, to a path of escape from absorption into any identity-machine. As Derrida puts it in A Taste for the Secret: Who am I when I am not one of you? In a hospitable world one would be free not to answer. (shrink)

In this commentary paper, we are taking one step further in questioning the central assumptions in the bioethical debates about reproductive technologies. We argue that the very distinction between “person affecting” and “identity affecting” interventions is based on a questionable form of material-origin essentialism. Questioning of this form of essentialist approach to human identity allows treating genome editing and genetic selection as more similar than they are taken to be in the standard approaches. It would also challenge the idea that (...) normative reasons we have in these two types of cases markedly differ in strength. (shrink)

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