David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. He provides a critical survey of solutions to the problem that have been proposed, and concludes by developing an unorthodox alternative solution, one that differs fundamentally from virtually every other approach.

The non-identity problem arises when our actions in the present could change which people will exist in the future, for better or worse. Is it morally better to improve the lives of specific future people, as compared to changing which people exist for the better? Affecting the timing of fetuses being conceived is one case where present actions change the identity of future people. This is relevant to questions of public health policy, as exemplified in some responses (...) to the Zika epidemic. There is philosophical disagreement about the relevance of non-identity: some hold that non-identity is not relevant, while others think that the only morally relevant actions are those that affect specific people. Given this disagreement, we investigated the intuitions about the moral relevance of non-identity within an educated sample of the public, because there was previously little empirical data on the public’s views on the non-identity problem. We performed an online survey with a sample of the educated general public. The survey assessed participants’ preferences between person-affecting and impersonal interventions for Zika, and their views on other non-identity thought experiments, once the non-identity problem had been explained. It aimed to directly measure the importance of non-identity in participants’ moral decision-making. We collected 763 valid responses from the survey. Half of the participants (50%) had a graduate degree, 47% had studied philosophy at a university level, and 20% had read about the non-identity problem before. Most participants favoured person-affecting interventions for Zika over impersonal ones, but the majority claimed that non-identity did not influence their decision (66% of those preferring person-affecting interventions, 95% of those preferring impersonal ones). In one non-identity thought experiment participants were divided, but in another they primarily answered that impersonally reducing the quality of life of future people would be wrong, harmful and blameworthy, even though no specific individuals would be worse off. Non-identity appeared to play a minor role in participants’ moral decision-making. Moreover, participants seem to either misunderstand the non-identity problem, or hold non-counterfactual views of harm that do not define harm as making someone worse off than they would have been otherwise. (shrink)

According to the psychological account of personal identity, our identity is based on the continuity of psychological connections, and so we do not begin to exist until these are possible, some months after conception. This entails the psychological account faces a challenge from the non-identity problem—our intuition that someone cannot be harmed by actions that are responsible for their existence, even if these actions seem clearly to cause them harm. It is usually discussed with regard to (...) preconception harms, but in the context of the psychological account, it is also applicable to prenatal harms. Inflicting prenatal injury is widely thought to be morally impermissible, but if the injury is identity-determining on the psychological account, then no-one seems to be harmed—rather, the injury is responsible for bringing them into existence. Here, I argue that identity-determining injuries can routinely occur on the psychological account, and that this undermines the account. I assess Nicola Williams’ proposal to salvage the account based on a trans-world account of personal identity, and show that it is unsuccessful. I then show that Jeff McMahan’s embodied mind account of personal identity is also susceptible. I conclude that identity-determining prenatal injuries pose a significant challenge for the psychological account and its variants, and provide a reason for supporting alternative accounts that fix personal identity at conception. (shrink)

According to the psychological account of personal identity, our identity is based on the continuity of psychological connections, and so we do not begin to exist until these are possible, some months after conception. This entails the psychological account faces a challenge from the non-identity problem—our intuition that someone cannot be harmed by actions that are responsible for their existence, even if these actions seem clearly to cause them harm. It is usually discussed with regard to (...) preconception harms, but in the context of the psychological account, it is also applicable to prenatal harms. Inflicting prenatal injury is widely thought to be morally impermissible, but if the injury is identity-determining on the psychological account, then no-one seems to be harmed—rather, the injury is responsible for bringing them into existence. Here, I argue that identity-determining injuries can routinely occur on the psychological account, and that this undermines the account. I assess Nicola Williams’ proposal to salvage the account based on a trans-world account of personal identity, and show that it is unsuccessful. I then show that Jeff McMahan’s embodied mind account of personal identity is also susceptible. I conclude that identity-determining prenatal injuries pose a significant challenge for the psychological account and its variants, and provide a reason for supporting alternative accounts that fix personal identity at conception. (shrink)

The Human Genome Project will produce information permitting increasing opportunities to prevent genetically transmitted harms, most of which will be compatible with a life worth living, through avoiding conception or terminating a pregnancy. Failure to prevent these harms when it is possible for parents to do so without substantial burdens or costs to themselves or others are what J call “wrongful handicaps”. Derek Parfit has developed a systematic difficulty for any such cases being wrongs — when the harm could be (...) prevented only by preventing the existence of the individual who would have a worthwhile life even with the handicap, then bringing him into existence with the handicap does not make him worse off and so does not wrong him. I argue that a non “person‐affecting” principle requiring the avoidance of suffering and limited opportunity correctly accounts for cases of wrongful handicaps without requiring that the individuals with the handicap have been made worse off and therefore wronged. It is an advantage, not a difficulty, of this account that it does not imply that the person with the handicap has been wronged or is a victim with a special moral complaint. (shrink)

This article justifies and restates the non-identity problem in relation to climate change. First and briefly, I argue that while there is often good reason to set the NIP aside in practical politics, there can be areas where a climate NIP will have practical implications. An instructive example concerns climate change litigation. Second, I argue that there are three particular circumstances of a climate NIP that may set it apart from the more established NIP in bioethics. These differences (...) regard interaction, numbers, and agency respectively. Third, I discuss the premises and conclusion of a climate NIP, modifying an account in bioethics by David Boonin. (shrink)

The Human Genome Project will produce information permitting increasing opportunities to prevent genetically transmitted harms, most of which will be compatible with a life worth living, through avoiding conception or terminating a pregnancy. Failure to prevent these harms when it is possible for parents to do so without substantial burdens or costs to themselves or others are what J call “wrongful handicaps”. Derek Parfit has developed a systematic difficulty for any such cases being wrongs — when the harm could be (...) prevented only by preventing the existence of the individual who would have a worthwhile life even with the handicap, then bringing him into existence with the handicap does not make him worse off and so does not wrong him. I argue that a non “person‐affecting” principle requiring the avoidance of suffering and limited opportunity correctly accounts for cases of wrongful handicaps without requiring that the individuals with the handicap have been made worse off and therefore wronged. It is an advantage, not a difficulty, of this account that it does not imply that the person with the handicap has been wronged or is a victim with a special moral complaint. (shrink)

© The Author 2017. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] Boonin’s The Non-Identity Problem and the Ethics of Future People and Rivka Weinberg’s The Risk of a Lifetime: How, When and Why Procreation May Be Permissible are both important books for those interested in procreative ethics. Each argues for surprising and controversial conclusions: Boonin argues that we should solve the non-identity problem by accepting (...) its apparently unacceptable conclusion that actions cannot be wrong due to their effects on future people whose lives are worth living and who would not exist were the actions not performed; Weinberg argues that there is no non-identity problem, that future children have no interest in existing, but significant interest in avoiding harm and that procreation is, therefore, a much more morally risky business than we tend to think. Even if... (shrink)

Our pollution of the environment seems set to lead to widespread problems in the future, including disease, scarcity of resources, and bloody conflicts. It is natural to think that we are required to stop polluting because polluting harms the future individuals who will be faced with these problems. This natural thought faces Derek Parfit’s famous Non-Identity Problem ( 1984 , pp. 361–364). The people who live on the polluted earth would not have existed if we had not polluted. (...) Our polluting behaviour does not make these individuals worse off. It may therefore seem that we do not harm them by polluting. Parfit argues that we should replace person-affecting principles with an impersonal principle of beneficence, Principle Q ( 1984 , p. 360.). I argue that Principle Q cannot give an adequate account of our duties to refrain from polluting. I consider attempts to solve the Non-Identity Problem by denying that to harm someone an agent must make them worse off. I argue that such responses provide a partial solution to the Non-Identity Problem. They do show that we harm future individuals in a morally relevant sense by polluting. Nonetheless, this is only a partial solution. The Non-Identity Problem still suggests that our harm-based reasons not to pollute are less strong than we intuitively believe. Thus on its own an appeal to the claim that we harm future individuals is not able to give a fully satisfactory account of why we are required not to pollute. (shrink)

The non-identity problem, which is much discussed in bioethics, metaphysics and environmental ethics, is usually examined by philosophers because of the difficulties it raises for our understanding of possible harms done to present human agents. In this article, instead of attempting to solve the non-identical problem, I explore an entirely different feature of the problem, namely the implications it has for the admissibility of outlandish or bizarre thought experiments. I argue that in order to sustain the (...) claim that later born selves cannot be harmed (since they are in fact different persons), one must rule inadmissible certain kinds of modally bizarre imaginary cases. In this paper I explore how one might justify such a constraint on outlandish cases and, in so doing, develop the outline of a model for distinguishing between admissible and inadmissible imaginary cases in philosophical debate. (shrink)

This paper explores the relevance of the Non-Identity Problem to explaining the wrongness of causing climate change.

The non-identity problem is the problem of grounding moral wrongdoing in cases in which an action affects who will exist in the future. Consider a woman who intentionally conceives while on medication that is harmful for a fetus. If the resulting child is disabled as a result of the medication, what makes the woman's action morally wrong? I argue that an explanation in terms of harmful rights violations fails, and I focus on Peter Markie's recent rights-based defense. (...) Markie's analysis rests on the notion of an indirect harm, and I show that the calculation of an indirect harm relies on an improper baseline for the determination of whether or not an action adversely affects a patient's interests. I also defend an impersonal duty-based analysis of the wrongdoing in non-identity cases against an objection by Markie. I close by arguing that the rights-based analysis is insensitive to context and that context is morally relevant in the determination of the moral valence of actions in cases of non-identity. This failure provides a pro tanto reason to favor an impersonal duty-based analysis of the wrongdoing in non-identity cases. (shrink)

This paper argues that T.M. Scanlon’s contractualism can provide a solution to the non-identity problem. It first argues that there is no reason not to include future people in the realm of those to whom we owe justification, but that merely possible people are not included. It then goes on to argue that a person could reasonably reject a principle that left them with a barely worth living life even though that principle caused them to exist, and that (...) current people could not justify creating people with barely worth living lives on the grounds that it caused those people to exist. (shrink)

This article provides an account of moral obligations that we have towards present generations, which require us to produce outcomes that are similar to those we would be required to produce if we had moral obligations to future generations. Discharging these duties enables us to secure the kinds of goods for future generations that we intuitively think we ought to provide in the absence of an answer to the non-identity problem. In this sense, the non- identity (...) class='Hi'>problem is avoided rather than solved. Nevertheless, a significant upshot of this account is that it provides a basis for practical action in the face of theoretical uncertainty. (shrink)

When Derek Parfit in Reasons and Persons, examined whether the Non-Identity Problem could be solved with the Impersonal Total Principle, he assumed perfect equality in the future population outcomes under his consideration. His thinking was that this assumption could not distort his reasoning, but would make it more simple and clear. He then reasoned that the best future population outcome, according to the Impersonal Total Principle, would be an enormous population, whose members have lives only barely worth living, (...) as a slight lowering in quality of life, according to the principle, can always be more than compensated for by an increase in the number of future people. He found this result impossible to believe and dubbed it the Repugnant Conclusion, concluding that his attempts had ended in failures and that the Non-Identity Problem continues to undermine our beliefs of our obligations to the future. The purpose of this paper is to examine the implications of the Impersonal Total Principle in real-world circumstances where the inevitability of inequality is taken into account. What, if anything, will this imply regarding the Repugnant Conclusion, the indirect version of the Non-Identity Problem and our abilities to ground our moral responsibilities to posterity in an ethical theory? (shrink)

One class of argument against cloning human beings in the contemporary literature focuses on the bad consequences that will befall the clone or “later-twin.” In this paper I consider whether this line of argumentation can be blocked by invoking Parfit’s non-identity problem. I canvass two general strategies for solving the non-identity problem: a consequentialist strategy and a non-consequentialist, rights based strategy. I argue that while each general strategy offers a plausible solution to the non-identity (...) class='Hi'>problem as applied to the cases most frequently discussed in the non-identity problem literature, neither provides a reason for puttingaside the non-identity problem when applied to cloning. I conclude (roughly) that the non-identity problem does serve to block this class of argument against cloning. (shrink)

Can an act harm someone—a future someone, someone who does not exist yet but will—if that person would never exist but for that very action? This is one question raised by the non-identity problem. Many would argue that the answer is No: an action harms someone only insofar as it is worse for her, and an action cannot be worse for someone if she would not exist without it. The first part of this paper contends that the plausibility (...) of the ‘no harm’ argument stems from an equivocation. The second half argues for an account of harm that is both causal and contrastive. Finally, the paper contends that the contrastive account disarms the no harm argument and furthermore neutralizes a related argument that has been problematic for some previously proposed solutions to the non-identity problem. (shrink)

One of the primary views on our supposed obligation towards our descendants in the context of environmental problems invokes the idea of the rights of future generations. A growing number of authors also hold that the descendants of those victimized by historical injustices, including colonialism and slavery, have the right to demand financial reparations for the sufferings of their distant ancestors. However, these claims of intergenerational rights face theoretical difficulties, notably the non-identity problem. To circumvent this problem (...) in a relationship between present and future generations, some rights theorists replace future individual rights with such collective rights. Others advance the threshold conception of harm in discussing intergenerational relationships in general. Despite the significant implications these revisionist views might have, few efforts have been made to scrutinize their solidity. To plug such a gap in the literature, this paper examines to what extent the collective understanding of intergenerational rights is pertinent. I also explore the virtues and drawbacks of the threshold interpretation of harm. The paper concludes by suggesting that the motivation behind these and other versions of the rights theory suffers from the ambiguity of a traditional dichotomy between perfect and imperfect duties. (shrink)

The non‐identity problem is the problem of grounding moral wrongdoing in cases in which an action affects who will exist in the future. Consider a woman who intentionally conceives while on medication that is harmful for a fetus. If the resulting child is disabled as a result of the medication, what makes the woman's action morally wrong? I argue that an explanation in terms of harmful rights violations fails, and I focus on Peter Markie's recent rights‐based defense. (...) Markie's analysis rests on the notion of an indirect harm, and I show that the calculation of an indirect harm relies on an improper baseline for the determination of whether or not an action adversely affects a patient's interests. I also defend an impersonal duty‐based analysis of the wrongdoing in non‐identity cases against an objection by Markie. I close by arguing that the rights‐based analysis is insensitive to context and that context is morally relevant in the determination of the moral valence of actions in cases of non‐identity. This failure provides a pro tanto reason to favor an impersonal duty‐based analysis of the wrongdoing in non‐identity cases. (shrink)

In his paper The Opposite of Human Enhancement: Nanotechnology and the Blind Chicken problem (Nanoethics 2:305–316, 2008) Paul Thompson argues that the possibility of disenhancing animals in order to improve animal welfare poses a philosophical conundrum. Although many people intuitively think such disenhancement would be morally impermissible, it’s difficult to find good arguments to support such intuitions. In this brief response to Thompson, I accept that there’s a conundrum here. But I argue that if we seriously consider whether creating (...) beings can harm or benefit them, and introduce the non-identity problem to discussions of animal disehancement, the conundrum is even deeper than Thompson suggests. (shrink)

The Non-Identity Problem is the problem of explaining the apparent wrongness of a decision that does not harm people, especially since some of the people affected by the decision would not exist at all were it not for the decision. One approach to this problem, in the context of reproductive decisions, is to focus on wronging, rather than harming, one's offspring. But a Non-Person Problem emerges for any view that claims (1) that only persons can (...) be wronged and (2) that the person-making properties allow for there to be human non-persons. Consider an individual human organism that is prevented from ever possessing the person-making properties. On person-only accounts of the victims of wronging, this organism cannot be wronged by anyone. Hence even individuals whose decisions prevent it from ever possessing the person-making properties cannot wrong it. But this is counter-intuitive. We can think of examples where a human organism is wronged by precisely those decisions that prevent it from possessing the person-making properties. The best solution to this problem, in the case where the person-making property is rational self-governance in pursuit of a meaningful life, is to adjust the concept of a person so that it refers, not merely to those with the immediate capacity for rational self-governance in pursuit of a meaningful life, but also to those with a higher-order capacity for such self-governance. Any solution to the Non-Identity Problem that focuses on wronging rather than harming should incorporate this sort of solution to the Non-Person Problem. (shrink)

Recent decades have seen a considerable and progressive increase in historical claims. Within the context of colonialism criticism, but also outside this sphere, numerous politicians, collectives and intellectuals have emerged to denounce certain acts of the past, demanding recognition and repentance that would compensate for these past affronts. In this article we will analyze one of these cases: the demand for an apology from Spain and the Vatican by the President of Mexico, López Obrador. Taking as a guide the debate (...) around the ethical problem of non-identity, we will see what ethical and metaphysical assumptions serve as the basis for these claims. We will also assess whether the claims of the so-called «historical victims» are consistent and ethically acceptable. (shrink)

When discussing exploitation, we often say things like this, “sweatshop laborers have terrible working conditions and are paid almost nothing, but they are better off with that labor than with no labor.” Similarly, in describing the Non-Identity Problem, Derek Parfit points out: we cannot say that the individuals born in future generations are worse off because of our destructive environmental policies because the particular people living in those future generations wouldn’t even exist if it were not for these (...) destructive policies. How can we explain these cases, exploitation and environmental destruction, as ones of wrongdoing when the victims in both cases are no worse off than they would have otherwise been? This paper investigates the link between these two moral puzzles and ultimately uses one to solve the other: an exploitation solution to the Non-Identity Problem. (shrink)

The non-identity problem arises when an intervention or behavior changes the identity of those affected. Delaying pregnancy is an example of such a behavior. The problem is whether and in what ways such changes in identity affect moral considerations. While a great deal has been written about the non-identity problem, relatively little has been written about the implications for physicians and how they should understand their duties. We argue that the non-identity (...) class='Hi'>problem can make a crucial moral difference in some circumstances, and that it has some interesting implications for when it is or is not right for a physician to refuse to accede to a patient's request. If a physician is asked to provide an intervention (identity preserving) that makes a person worse off, then such harm provides a good reason for the physician to refuse to provide the intervention. However, in cases where different (identity-altering) interventions result in different people having a better or worse life, physicians should normally respect patient choice. (shrink)

Philosophers concerned with procreative ethics have long been puzzled by Parfit’s Non-Identity Problem (NIP). Various solutions have been proposed, but I argue that we have not solved the problem on its own narrow person-affecting terms, i.e., in terms of the identified individuals affected by procreative decisions and acts, especially future children. Thus, the core problem remains unsolved. This is a nagging concern for all who hold the common intuition that actions that harm no one are permissible. (...) I argue against Harmon’s and Woodward’s direct, narrow person-affecting solutions, and in favor of a new solution to the NIP. My solution, or, rather, dissolution, is based on the argument that merely possible people, i.e., hypothetical people who could possibly, but will not actually, exist, are morally irrelevant. I show that the NIP only arises when we concern ourselves with merely possible people. Once we are careful to restrict our concerns to only those that do or will exist, the NIP is dissolved. (shrink)

Suppose we discover how we could live for a thousand years, but in a way that made us unable to have children. Everyone chooses to live these long lives. After we all die, human history ends, since there would be no future people. Would that be bad? Would we have acted wrongly? Some pessimists would answer No. These people are saddened by the suffering in most people’s lives, and they believe it would be wrong to inflict such suffering on others (...) by having children. In earlier centuries, this bleak view was fairly plausible. But our successors would be able to prevent most human suffering. Some optimists would also answer No . . . These [views] are, I believe, deeply mistaken. Given what our successors could achieve in the next million or billion years, here and elsewhere in our galaxy, it would be likely to be very much worse if there were no future people. (shrink)

The American Journal of Bioethics, Volume 12, Issue 4, Page 24-26, April 2012.

The ‘non-identity problem’ raises a well-known challenge to the person-affecting view, according to which an action can be wrong only if it affects someone for the worse. In a recent article, however, Thomas D. Bontly proposes a novel way to solve the non-identity problem in person-affecting terms. Bontly's argument is based on a contrastive causal account of harm. In this response, we argue that Bontly's argument fails even assuming that the contrastive causal account is correct.

The American Journal of Bioethics, Volume 12, Issue 8, Page 38-39, August 2012.

The question I address in this paper is whether and under what conditions it is morally right to bring a person into existence. I defend the commonsensical thesis that, other things being equal, it is morally wrong to create a person who will be below some threshold of quality of life, even if the life of this potential person, once created, will nevertheless be worth living. However commonsensical this view might seem, it has shown to be problematic because of the (...) so-called 'Non-Identity Problem'. Both utilitarian and rights-based approaches have been unable to provide a solution to this problem. I rest my thesis on two premises: that causing a disability or impairment in a future person is prima facie wrong, so long as we can avoid causing such a disability to that very person; and that reproduction, under normal conditions, is prima facie morally indifferent. From these two premises, I conclude that it is prima facie wrong to bring into existence a person with a non-trivial disability or impairment (which might be, nonetheless, compatible with a worthwhile life), even if the only available alternative is to remain childless. (shrink)

Janna Thompson has outlined ‘the apology paradox’, which arises whenever people apologize for an action or event upon which their existence is causally dependent. She argues that a sincere apology seems to entail a wish that the action or event had not occurred, but that we cannot sincerely wish that events upon which our existence depends had not occurred. I argue that Thompson’s paradox is a backward-looking version of Parfit’s (forward-looking) ‘non-identity problem’, where backward- and forward-looking refer to (...) the perspective of an agent apologizing for or contemplating an action. The temporal perspective of the agent gives us the tools with which to dissolve the air of paradox which surrounds these problems. Each is best grasped from one temporal perspective, but the para- doxes arise when we attempt to examine it simultaneously from another. The evaluations appropriate to the apology paradox and the non-identity problem are therefore time-indexed. (shrink)

In his recent work, Parfit returns to the examination of the non-identity problem, but this time not in the context of a theory of value but as part of a Scanlonian theory of reasons for action. His project is to find a middle ground between pure impersonalism and the narrow person-affecting view so as to do justice to some of our fundamental intuitions regarding procreative choices. The aim of this article is to show that despite the sophisticated and (...) challenging thought experiments and conceptual suggestions , Parfit’s project fails and that we are left with the stark choice between personalism and impersonalism. (shrink)

In formulating procreative principles, it makes sense to begin by thinking about whose interests ought to matter to us. Obviously, we care about those who exist. Less obviously, but still uncontroversially, we care about those who will exist. Ought we to care about those who might possibly, but will not actually, exist? Recently, unusual positions have been taken regarding merely possible people and the non-identity problem. David Velleman argues that what might have happened to you – an existent (...) person – often doesn't merit moral consideration since the alternative person one would have been had what might have happened actually happened is a merely possible person about whom one has no reason to care. He argues that his way of thinking can eliminate the non-identity problem. Caspar Hare argues that merely possible people have interests and are morally relevant. He argues that we can solve the non-identity problem by rejecting the view that merely possible people are morally irrelevant. Both Hare and Velleman argue that focusing on one's de dicto rather than on one's de re children can help us avoid the non-identity problem. I analyze the role that merely possible, nonexistent hypothetical entities ought to play in our moral reasoning, especially with regard to procreation. I refute both Velleman's and Hare's views and demonstrate the difficulties we encounter when we try to apply their views to common non-identity cases. I conclude with the common-sense view regarding who matters, morally: only those who do, did, or will exist. (shrink)

Xenotransplantation is often deemed morally objectionable because of the costs it imposes on the organ donor and the risks it imposes on the recipient. For some, involving human–pig chimeras as donors makes the practice more objectionable or even abhorrent from the start. For others, by contrast, using such chimeras weakens recipient-based objections because it reduces the risk of organ rejection and malfunctioning, and cancels donor-based objections because the practice does not harm chimeras but instead gives them valuable lives they would (...) not otherwise have. The paper examines and eventually rejects the latter defense. It also discusses the additional risks of chimeric xenotourism in countries with less demanding procedural guidelines and reflects on two very different futures for humanity that may emerge from supporting or rejecting chimeric xenotransplantation. (shrink)

The "non-identity argument" has been applied to reject the validity of claims for historic justice, often generating highly unintuitive conclusions. George Sher has suggested a solution to this problem, explaining the harm to descendants of historically wronged peoples as deriving not from the historic wrongs but from the failure to provide rectification to the previous generation for harm they suffered. That generation was likewise owed rectification for harm they suffered from failure to provide rectification to the generation preceding (...) them. In this chain of injustices each failure to provide rectification to one is the source of wrongful harm to the next. Such chains form a "bridge" between the historic wrong and the harm suffered by living individuals. I call this approach the subsequent-wrong solution (SWS). I argue that bypassing the non-identity argument in this way is problematic. First, SWS cannot justify rectification in seemingly legitimate historic-justice claims, such as historic wrongs generating delayed harms that skip generations. Second, SWS justifies rectification for the wrong reasons, denying the essence of historic-justice claims: that past wrongs, for which original wrongdoers are responsible, harm descendants of original victims. Finally, SWS does not fully account for group membership's role in historic injustice, unable to distinguish between claims of descendants of historic victims and claims made by others with unrelated interests in the rectification of the previous generation. A supplementary solution is needed, focusing on the role of group harm and group membership. The plausibility of this approach, tying individual harm to group harm, derives from these three limitations of the subsequent-harm solution. I give a rudimentary account of what such a solution would look like. (shrink)

Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised (...) against it in the contemporary literature: the identifiability objection; the non-existence objection; the waiving of rights objection, the lack of legitimate complaint objection; and the unfairness objection. (shrink)

The 2016 outbreak of the Zika arbovirus was associated with large numbers of cases of the newly-recognised Congenital Zika Syndrome. This novel teratogenic epidemic raises significant ethical and practical issues. Many of these arise from strategies used to avoid cases of CZS, with contraception in particular being one proposed strategy that is atypical in epidemic control. Using contraception to reduce the burden of CZS has an ethical complication: interventions that impact the timing of conception alter which people will exist in (...) the future. This so-called ‘non-identity problem’ potentially has significant social justice implications for evaluating contraception, that may affect our prioritisation of interventions to tackle Zika. This paper combines ethical analysis of the non-identity problem with empirical data from a novel survey about the general public's moral intuitions. The ethical analysis examines different perspectives on the non-identity problem, and their implications for using contraception in response to Zika. The empirical section reports the results of an online survey of 93 members of the US general public exploring their intuitions about the non-identity problem in the context of the Zika epidemic. Respondents indicated a general preference for a person-affecting intervention over an impersonal intervention. However, their responses did not appear to be strongly influenced by the non-identity problem. Despite its potential philosophical significance, we conclude from both theoretical considerations and analysis of the attitudes of the community that the non-identity problem should not affect how we prioritise contraception relative to other interventions to avoid CZS. (shrink)

In a common example of the non-identity problem, a person deliberately conceives a child who she knows will have incurable blindness but a life well worth living. Although Wilma’s decision seems wrong, it is difficult to say why. This paper develops and defends a version of the “indirect strategy” for solving the NIP. This strategy rests on the idea that it is wrong to deliberately make it impossible to fulfill an obligation; consequently, it is wrong for Wilma to (...) create Pebbles because doing so makes it impossible to fulfill her obligation to protect her child from harms like blindness. A challenge for the indirect strategy is the well-known “rights waiver problem”: Since Pebbles’s very existence depends on Wilma’s having made herself unable to fulfill an obligation to Pebbles, Pebbles is likely to waive that obligation. I address this problem by recasting the indirect strategy in terms of a non-grievance evil. I argue that deliberately making it impossible to fulfill a moral obligation manifests a defective attitude toward morality—an attitude which sees moral obligations as things to be dodged whenever they are inconvenient. Next, I argue that acting on this attitude is a wrong-making feature that is independent of any wrong that might be done to Pebbles. I conclude that Wilma’s decision remains wrong even if Pebbles waives any objection to it. (shrink)

Mitochondrial replacement techniques are designed to allow couples to have children without passing on mitochondrial diseases. Recently, Giulia Cavaliere and César Palacios-González argued that prospective parents have the right to use MRTs to pursue genetic relatedness, such that some same-sex couples and/or polygamous triads could use the process to impart genetic relatedness between a child and more of its caregivers. Although MRTs carry medical risks, Cavaliere and Palacios-González contend that because MRTs are identity-affecting, they do not cause harm to (...) an existing human being, and our intuitions otherwise arise from the non-identity problem. Here, I review several attempts to address the non-identity problem, and propose a solution to the problem. Furthermore, I argue that regardless of one’s stance on whether MRTs are identity-affecting, the use of MRTs to pursue genetic relatedness alone falls outside the scope of the medical profession, as they involve substantive medical risk for no medical benefit. (shrink)

In this opinion piece, I briefly argue, against certain recent claims, that the Non-Identity Problem is indeed a significant problem for any comparative personal view – views on which the moral status of an act (at least partly) depends on the comparative relation between a property F of some person P as a consequence of that act and F of P as a consequence of the relevant alternative(s).

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will (...) take what I call the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

In my essay I consider the imaginary case of a future mother who refuses to undergo genetic alteration on her germline although she knows that her, as yet unconceived, child will have a serious genetic disorder. I analyze the good and bad points of two branches of arguments directed against her decision, consequentialist and rights-based. Then I discuss whether accepting one line of these arguments or the other makes a difference in moral assessment. I conclude that, although from the preanalytical (...) perspective we strongly oppose the refusal of genetic treatment in my imaginary case, it is probably impossible to construct one coherent theory which embraces all possible moral dilemmas triggered by our actions which affect the number and the identity of future people. (shrink)

Much work in contemporary bioethics defends a broadly liberal view of human reproduction. I shall take this view to comprise (but not to be exhausted by) the following four claims.1 First, it is permissible both to reproduce and not to reproduce, either by traditional means or by means of assisted reproductive techniques such as IVF and genetic screening. Second, it is permissible either to reproduce or to adopt or otherwise foster an existing child to which one is not biologically related. (...) Third, it is permissible either to bring into existence a child with the greatest chance of a life of maximum human flourishing or to bring into existence a child with a life worth living but with less than the greatest chance of a life of maximum human flourishing. Fourth, it is impermissible to bring into existence a child whose life is either certain or likely to fall below some baseline of a human life minimally worth living. (shrink)

The non-identity problem is that some actions seem morally wrong even though, by affecting future people’s identities, they are worse for nobody. In this paper, I further develop and defend a lesser-known solution to the problem, one according to which when such actions are wrong, it is not because of what they do or produce, but rather just because of why they were performed. In particular, I argue that the actions in non-identity cases are wrong just (...) when and because they result from, or reflect in those who have performed them, a morally dubious character trait. (shrink)