In this article I argue that governments are justified in addressing the potential for human induced climate damages on the basis of future generations' rights to bodily integrity and personal property. First, although future generations' entitlements to property originate in our present entitlements, the principle of self-ownership requires us to take 'reasonable care' of the products of future labour. Second, while Parfit's non-identity problem has as yet no satisfactory solution, the present absence of an equilibrium between theory and intuitions justifies (...) a precautionary approach, i.e. treating climate damage as a wrongful harm. In addition, a supplementary consideration is described as arising from transcendental needs. (shrink)

This paper is concerned with the moral concept of harm in the context of the Warsaw International Mechanism for Loss and Damage. This paper delineates between two concepts of wrongful harm: interactional versus architectural. It then examines these options with an eye toward developing a satisfactory normative approach for policy. While the interactional view of wrongful harm supports powerful arguments about moral responsibility, it has some clear limitations. This paper makes a case for the architectural (...) view by underlining that it is not only compatible with the features of the Paris Agreement but also supports a distinctive conception of justice. (shrink)

Adam Slavny's Wrongs, Harms, and Compensation: Paying for Our Mistakes (OUP, 2023) is predicated on a break with a foundational assumption of most contemporary tort theory. It renounces all aspirat...

ABSTRACTAs the window of opportunity to limit global average warming to 1.5 °C above pre-industrial levels is narrowing, the impacts of climate change are already being experienced around the world. No longer of merely theoretical interest, the issue of ‘loss and damage’ has become central to climate politics. Against this backdrop, old concepts of responsibility and wrongful harm are being revisited. Boran proposed moving away from an interactional conception of harm to an architectural one. The former supports (...) the widely shared view that wrongful harm results from actions. The latter turns the spotlight on complexity and social practices. In response to critical appraisals, this short essay revisits key components of an architectural conception of harm. An architectural approach is not an analytic tool to answer the epistemic challenges in singling out those who are causally responsible as a discrete problem. It is an encompassing theoretical framework drawing a picture of a world where vulnerability is inseparably tied to a complex web of social, political, and institutional interrelations. Wrongful harm resulting from climate impacts is inextricable from the constructed environment and everyday practices forming a complex web of social and political interconnections. (shrink)

Journal of Social Philosophy, EarlyView.

. Two Mutually Exclusive Concepts of Harm? Retrospective and Structural Wrongful Harm at the Bases of a Compensatory-Based Approach for Loss and Damage. Ethics, Policy & Environment: Vol. 21, Geoengineering, Political Legitimacy and Justice, Guest Edited by Stephen Gardiner and Augustin Fragnière, pp. 391-395.

Philosophers spend a lot of time worrying about rules. We worry about how one ought to live, about the rules of justification for beliefs and actions, about what it would be like if the rules of reason were rigorously followed, about what the rules are for scientific enquiry, about which rules govern the meaning of signs and the intentions of agents, and so on. Sometimes, we argue that there are no such rules as most of us want to believe there (...) are, rules which apply to all of us collectively and to each of us individually, which are beyond our ability to change, and whose violation is in some simple sense wrong. To this we often respond that without such rules we are all made somehow less, that our normative deliberations are a sham, or even that the whole business of living becomes somehow pointless. (shrink)

Are the state’s obligations to victims of its own wrongdoing greater than to persons who have suffered from bad luck? Many people endorse an affirmative answer to this question. Call this the Difference View. This view can seem arbitrary from the perspective of the victims in question; why should a victim of bad luck, who is just as badly off through no fault of her own, be entitled to less assistance from the state than a victim of state-caused wrongful (...) harm? This paper defends a qualified version of the Difference View, the Threshold Version of the Difference View. According to this view, all disadvantaged persons, no matter what the cause of their disadvantage, must be compensated until they reach a minimum threshold of wellbeing; however, among disadvantaged persons above this threshold, full compensation is owed for those who are victims of state wrongdoing, whereas full compensation is not necessarily owed to those who are disadvantaged due to bad luck. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that all cultures ought (...) to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

It is possible for an act to wrongfully harm a person, even if that person is dead. David Boonin explains the puzzle of posthumous harm and examines its ethical implications for such issues as posthumous organ removal, posthumous publication of private documents, damage to graves, and posthumous punishment.

When should we make use of the criminal law? Suppose that a responsible legislature seeks to enact a morally justifiable range of criminal prohibitions. What criteria should it apply when deciding whether to proscribe conduct? Crimes, Harms, and Wrongs is a philosophical analysis of the nature, significance, and ethical limits of criminalisation. The authors explore the scope and moral boundaries of harm-based prohibitions, proscriptions of offensive behaviour, and 'paternalistic' prohibitions aimed at preventing self-harm. Their aim is to develop (...) guiding principles for these various grounds of state prohibition, including an analysis of the constraints and mediating factors that weigh for and against criminalisation. Both authors have written extensively in the field. In Crimes, Harms, and Wrongs they have reworked a number of well-known essays and added several important new essays to produce an integrated, accessible, philosophically-sophisticated account that will be of great interest to legal academics, philosophers, and advanced students alike"--Provided by publisher. (shrink)

How we engage in epistemic practice, including our methods of knowledge acquisition and transmission, the personal traits that help or hinder these activities, and the social institutions that facilitate or impede them, is of central importance to our lives as individuals and as participants in social and political activities. Traditionally, Anglophone epistemology has tended to neglect the various ways in which these practices go wrong, and the epistemic, moral, and political harms and wrongs that follow. In the past decade, however, (...) there has been a turn towards the non-ideal in epistemology. Articles in this volume focus on topics including intellectual vices, epistemic injustices, interpersonal epistemic practices, and applied epistemology. In addition to exploring the various ways in which epistemic practices go wrong at the level of both individual agents and social structures, the papers gathered herein discuss how these problems are related, and how they may be addressed. (shrink)

Moral norms are the rules of morality, those that people actually follow, and those that we feel people ought to follow, even when they don’t. Historically, the social sciences have been primarily concerned with describing the many forms that moral norms take in various cultures, with the emerging implication that moral norms are mere arbitrary products of culture. Philosophers, on the other hand, have been more concerned with trying to understand the nature and source of rules that all cultures ought (...) to follow, with relatively little regard for what people actually do. The tension between the two approaches has to do with whether there are any standards higher than the whims of culture in determining right and wrong. Typically, the social sciences say “no”, pointing at the diversity of moral beliefs. Most philosophers (along with people of moral conviction) feel that there must be some deeper source of morality than the trends and fads of culture. Unfortunately, the nature and source of such standards has remained something of a mystery. Recent work on the evolution of norms has changed this picture dramatically. (shrink)

This chapter examines the concept of the so-called retroactive harms and wrongs related to death, explaining the principle of the immunity thesis which holds that nothing that happens after we are dead harms or benefits us. It presents a case against the existence of proactively harmful postmortem events and argues that an action taken after people die may wrong them retroactively by harming them or by interfering with their desires while they are alive.

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)

While standard forms of discrimination are widely considered morally wrong, philosophers disagree about what makes them so. Two accounts have risen to prominence in this debate: One stressing how wrongful discrimination disrespects the discriminatee, the other how the harms involved make discrimination wrong. While these accounts are based on carefully constructed thought experiments, proponents of both sides see their positions as in line with and, in part, supported by the folk theory of the moral wrongness of discrimination. This article (...) presents a vignette-based experiment to test empirically what, in the eyes of “folks”, makes discrimination wrong. Interestingly, we find that, according to folks, both disrespect and harm make discrimination wrong. Our findings offer some support for a pluralistic account of the wrongness of discrimination over both monist respect-based and monist harm-based accounts. (shrink)

In his recent commentary on my work, entitled ‘Mazor on indirect obligations to conserve natural resources for future generations’ (Sachs, 2013), Benjamin Sachs explores whether the argument I have provided for grounding indirect obligations of justice to conserve natural resources for future people really succeeds. Sachs insightfully points out that it does not necessarily follow from the fact that profligate individuals increase the obligation of others to conserve natural resources, that those others can insist that the profligate individuals do their (...) fair share. Sachs argues that this only follows if those who are obligated to pick up the slack have been wronged (Sachs, 2013, pp. 209). Furthermore, he argues that in order to be wronged, they must have been harmed (Sachs, 2013, p. 210). And since the obligation to conserve natural resources is, according to Sachs, not taken seriously, those who do not pick up the slack for others’ overuse are not being harmed. Therefore, Sachs concludes, my argument for indirect obligations to conserve natural resources for future people is on shaky ground. (shrink)

In this article I explore the contribution of ethical analysis and theological reflection to understanding and responding to moral injury of healthcare workers in light of the COVID pandemic. I begin by critically appraising the relevance of moral injury for healthcare contexts, and suggest that the term ‘medical moral injury’ should be used to differentiate it from ‘military moral injury’. I briefly relate medical moral injury to other relevant phenomena, such as moral dilemmas, moral distress, and moral residue, arguing that (...) moral injury in healthcare contexts might take chronic as well as acute forms. I suggest that agent regret might play an important role in understanding medical moral injury. The associated distinction between harms and wrongs, and so regret and remorse, help us identify different kinds of moral injury, and the distinct role that apology plays in each instance. Theological reflection on penitence, forgiveness, and lament also contributes to understanding and responding to potentially morally injurious events. I conclude that while psychological intervention plays an important role in medical moral injury, moral and theological perspectives provide both crucial lenses through which to understand these potentially injurious moral landscapes, and resources to assist healthcare workers in navigating them more safely. (shrink)

I shall be concerned in this paper with some philosophical puzzles raised by so-called “wrongful life” suits. These legal actions are obviously of great interest to lawyers and physicians, but philosophers might have a kind of professional interest in them too, since in a remarkably large number of them, judges have complained that the issues are too abstruse for the courts and belong more properly to philosophers and theologians. The issues that elicit this judicial frustration are those that require (...) the application to border-line cases of such philosophically interesting concepts as acting, causing, and the one that especially interests me, harming. I first became interested in the concept of harming in my work on the moral limits of the criminal law, where I had to come to terms with John Stuart Mill's famous “harm principle”–the principle that it is always a good reason in support of a criminal prohibition, indeed, the only legitimate reason, that it will prevent harm to persons other than the actor. I could not very well criticize that principle until I decided what the word “harm” must mean in its formulation. I gave what I took to be the requisite analysis of harm in my book Harm to Others. Here I wish to improve that analysis, examine its implications for civil as well as criminal liability, and test it on conceptually hard cases, especially cases of prenatal harming, that is, cases in which the wrongful causative conduct occurs before the victim's birth, and the harmed state that is its upshot consists in being born in an impaired condition. (shrink)

I argue that university supervisors should not use student evaluations of teachers (SETs) as a measure of teaching effectiveness in personnel assessments because the evidence suggests SETs likely violate several duties university supervisors have toward their instructional employees. I focus on the duty to not knowingly impose a wrongful risk of harm on nonconsenting and innocent others. Many university employers impose a wrongful risk of harm on instructors by not using relevant, merit-based performance indicators that have (...) adequate construct validity, by using uncorrected indicators that likely perpetuate discrimination, and by incentivizing instructors to do wrong. The use of SETs imposes unjust risk of harm on all instructors, but the risk is higher for women, minorities, and those in precarious, teaching-focused roles. In conclusion, I tentatively suggest some other means of evaluating student learning and assessing instructors. (shrink)

Intuitively, a speaker who uses slurs to refer to people is doing something morally objectionable even if no one is measurably affected by their speech. Perhaps they are only talking to themselves, or they are speaking with bigots who are already as vicious as they can be. This paper distinguishes between slurring as an expressive act and slurring as the act of causing a psychological effect. It then develops an expression-focused ethical account in order to explain the intuition that slurring (...) involves an effect-independent moral wrong. The core idea is that the act of expressing a morally defective attitude is itselfpro tantomorally objectionable. Unlike theories that focus only on problematic effects, this view is able to shift the moral burden of proof away from victims of slurring acts and onto speakers. It also offers moral guidance with respect to metalinguistic and pedagogical utterances of slurs. (shrink)

Might it be morally wrong to procreate? David Benatar answers affirmatively in Better Never to Have Been , arguing that coming into existence is always a great harm. I counter this view in several ways. First, I argue against Benatar’s asserted asymmetry between harm and benefit—which would support the claim that any amount of harm in a human life would make it not worth starting—while questioning the significance of his distinction between a life worth starting and one (...) worth continuing. I further contend that his understanding of hedonism and desire-fulfillment theories distorts their implications for the quality of human life; as for objective-list theories, I rebut his critique of their human-centered basis of evaluation. Notwithstanding this multi-tiered challenge to Benatar’s reasoning, I conclude with praise for his work and the intellectual virtues it embodies. (shrink)

This paper takes up the question of whether the consequences of a person’s volitional actions can contribute to their blameworthiness. On the one hand it is intuitively plausible to hold that if D1 volitionally shoots V with the intention of killing V then D1 is blameworthy for V’s death. On the other hand, if the only difference between D1 and D2 is resultant luck, many find it counter-intuitive to hold that D1 is more blameworthy than D2. There are three broad (...) (non-skeptical) strategies for resolving this tension: accept resultant moral luck, deny that one can be morally responsible for outcomes, or accept that outcomes can be within the scope of things one is morally responsible for while denying that they can affect the degree of blameworthiness. This paper aims to defend resultant moral luck against both the scoping and the internalist strategies by drawing on an “inclusive conception” of blameworthiness, according to which how much blame one deserves is a function of two independent variables: the wrongfulness of the offense and the offender’s degree of moral responsibility. The view defended here holds that consequences affect degree of blameworthiness by affecting the wrongfulness of that for which one is being blamed. (shrink)

This volume has its roots in two recent developments within mainstream analytic epistemology: a growing recognition over the past two or three decades of the active and social nature of our epistemic lives; and, more recently still, the increasing appreciation of the various ways in which the epistemic practices of individuals and societies can, and often do, go wrong. The theoretical analysis of these breakdowns in epistemic practice, along with the various harms and wrongs that follow as a consequence, constitutes (...) an approach to epistemology that we refer to as non-ideal epistemology. In this introductory chapter we introduce and contextualise the ten essays that comprise this volume, situating them within four broad sub-fields: vice epistemology, epistemic injustice, inter-personal epistemic practices, and applied epistemology. We also provide a brief overview of several other important growth areas in non-ideal epistemology. (shrink)

In wrongful life litigation a congenitally impaired child brings suit against those, usually physicians, whose negligence caused him to be born into his suffering existence. A key conceptual question is whether we can predicate harm in such cases. While a few courts have permitted it, many courts deny that we can, and thus have refused these children standing to sue. In this article the author examines the wrongful life cases and literature enroute to a broader consideration of (...) harm. This literature, and philosophical discussions of harm generally, rely on a definition which ascribes harm by comparing an individual's current condition with that in which he would otherwise have been, but for the allegedly harmful event. The author shows this definition to be conceptually and morally flawed. A superior general definition is offered which, when then applied to wrongful life cases, shows that we can easily ascribe harm in these cases and can find clear potential for tort liability. (shrink)

This paper examines the relatively underexplored relationship between epistemic wrongs and epistemic harms in the context of epistemic injustice. Does the presence of one always imply the presence of the other? Or, is it possible to have one without the other? Here we aim to establish a prima facie case that epistemic wrongs do not always produce epistemic harms. We argue that the epistemic wrongness of an action should never be evaluated solely based on the action's consequences, viz. the epistemic (...) and practical harms suffered by the wronged party. Instead – as we shall show – epistemic harms necessarily follow from epistemic wrongs. To conclude, we suggest ways in which extant accounts of epistemic wrongs and epistemic harms as they cash out in epistemic injustice contexts might be refined in light of our argument. (shrink)

Several states, including the United Kingdom, the United States, and France, have recently engaged in the high-profile supporting of foreign rebel fighters, providing them with training, weapons, and financial resources. Justifications for providing this assistance usually invoke, at least in part, our obligations to prevent harm to the citizens of oppressive and violent regimes. Providing such assistance is often presented as a morally safe ‘middle ground’ between doing nothing and putting one’s own troops at risk. Yet this assistance typically (...) enables rebels to cause unjust harms, since armed uprisings almost invariably cause harm to innocent people. I argue that enabling these unjust harms can render the provision of assistance unjustified. When a state could prevent at least as much harm by using its resources in other ways, such as preventing disease, without thereby causing comparable unjust harm and without incurring a (significantly greater) supererogatory cost, the state acts unjustifiably if it nonetheless funds the rebellion. When assistors unjustifiably enable unjust harms, they are morally liable to bear costs for the sake of people who suffer those harms. This is true even if the rebels act justifiably in directly inflicting those harms. (shrink)

In Criminalizing Sex, Stuart Green wisely eschews any attempt to fully analyse the problem of ‘sex-by-deception’ in a single chapter, instead offering a ‘basic framework’ for determining whether an expansion of the law of ‘rape by deceit’ might be justified. In this article, I offer a revision to that framework. Green begins from an account of rape centred on the right to (negative) sexual autonomy and seeks to reject an expansionist account under which any deceptions and mistakes could vitiate consent (...) to sexual activity. Sharing these starting points, I argue, pace Green, that variations in the harmfulness and wrongfulness of different deceptions cannot ground content-based restrictions on consent-vitiating deceptions. I argue that whilst different kinds of deceptive practices might wrong V to a greater or lesser extent, these variations lead to content-neutral, form-based restrictions on consent-vitiating deceptions. Moreover, whilst variations in the harms of D’s conduct are unlikely to ground a coherent set of content-sensitive restrictions on consent-vitiating deceptions, the harms of criminalisation differ depending on the content of the deception in question and this might lead to content-based restrictions on liability. However, an analysis of the variable costs of criminalisation is not obviously connected to the moral concept of consent-validity. Accordingly, whilst I suspect that both form and content-based restrictions on consent-vitiating deceptions are warranted in this area, the justification for the latter is unlikely to lie within an analysis of consent-validity itself, or the varied harmfulness and wrongfulness of D’s own conduct. (shrink)

When and why is it wrong to impose a pure risk of harm on others? A pure risk of harm is a risk that fails to materialise into the harm that is threatened. It initially seems puzzling on what grounds a pure risk of harm can be wrong. There have been multiple attempts to explain the wrongness of imposing risk either by reference to the badness of the risked outcome itself or to impacts on the victim, (...) such as harm. In this article, I argue that these approaches are unsatisfactory. Instead, I motivate another approach, what I call a wronging-first approach to the wrongness of imposing pure risk of harm. This approach explains the wrongness of imposing risk of harm in virtue of it being a wronging. As an example of this approach, I put forward the Adequate Concern Account, which holds that an imposition of a risk of harm is wrong in virtue of the act failing to consider the victim's equal moral standing as a stringent source of constraints on conduct. I close by demonstrating the superiority of this approach and account to existing outcome-based approaches. (shrink)

Andrew Simester and Andreas von Hirsch’s Crimes, Harms, and Wrongs: On the Principles of Criminalisation (Simester and von Hirsch 2011) is an important contribution to the philosophical debate over the nature and ethical limits of criminalisation. As they note in their reply in this symposium, one of the novel aspects of their account is that they do not advance one “unified, grand theory”. Rather, they analyse each ground of criminal prohibition—wrongfulness, harm-based, offense, and paternalistic prohibitions aimed at preventing self- (...) class='Hi'>harm—so as to develop guiding principles for their use (or, in the case of paternalism, the absence of an independent principle that would underwrite its use).The result is a rich set of arguments that advance a number of debates across the field of criminalisation.However, that is not all: the participants share the view that, as Tatjana Hörnle puts it, “any theory of criminalization presupposes assumptions about the functions of the criminal law. The q. (shrink)

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of the test. The article (...) then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

Reprint of an article appearing in a special issue of Daimon devoted to 'Expressing Hatred'.

The five of us research and teach risk analysis with an eye towards decision support. Our work has been dedicated to taming risks and helping to make challenging decisions. But nothing had prepared us for the Covid-19 pandemic. We first had to grapple with the news coming from abroad, including, for some of us, our home countries. Then, some information and research, but mostly opinions, started coming in from our academic community, and we felt the tensions. Finally, the UK went (...) into an unofficial and then official lockdown, and all University staff were asked to redirect their research capacity so as to support the national effort for risk analysis and decision support. As we write this on the 20th of April, many countries, including the UK, are starting to consider how to get out of lockdown. Like the previous stages of the pandemic, there is little data, perhaps a bit more research, surely many more opinions, and definitely an overwhelming amount of personal experiences and thoughts. Here we reflect on all of the above, just in case it can help the readers of this Minds in Society flash editorial to think and act, or at least, to not have to do so entirely on their own. As it can be expected, our collage introduces more questions than it can answer. (shrink)

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 the illustrative case of treating animals in a demeaning yet harmless way that would be disrespectful if humans were concerned. I discuss whether such actions are permissible or unjustifiably discriminatory from a moral point of view. I conclude that moral agents cannot directly wrong animals without harming them and thus do not owe it to a particular animal to refrain from such actions. However, if the actions increase the likelihood that animal abuse will occur, this presents a strong indirect reason against performing them. Thus, the reasons for refraining from such actions are merely indirect rather than direct. (shrink)

The issue of wrongful disability arises when parents face the choice whether to produce a child whose life will be unavoidably flawed by a serious disease or disorder (Down syndrome, for example, or Huntington’s disease) yet clearly worth living. The authors of From Chance to Choice claim, with certain restrictions, that the choice to produce such a child is morally wrong. They then argue that an intuitive moral approach––a “person-affecting” approach that pins wrongdoing to the harming of some existing (...) or future person––cannot account for that wrong since the choice to produce such a child cannot, under the logic of the nonidentity problem, harm that child. The authors propose that we supplement the person-affecting approach with an “impersonal” principle that takes the form of their well-known principle N. In this paper, I argue that the authors are mistaken to suppose that a plausibly articulated person-affecting approach cannot account for the wrong of wrongful disability. We can retain an intuitive, comparative, “worse for” account of harm and still identify serious harms imposed by the choice of wrongful disability. In particular, I argue that harm, both to the impaired child and to others, comes not in the form of that procreative choice’s procreative effect but rather in the form of its many distributive effects. I also argue that the rare, residual case in which a person-affecting approach would approve of the choice of wrongful disability does not function as a counterexample to that approach. As a separate matter, I address legal claims for wrongful disability, which are closely akin to claims for wrongful life. The legal claim is brought by the impaired child, not against the parents, but rather against health care providers whose negligent failure to diagnose or inform parents of an increased risk of a genetic or congenital impairment results in the birth of the impaired child. The authors’ treatment of the moral wrong that is done as impersonal in nature suggests that courts are correct to dismiss any such claim. Once we identify harm, however, the person-affecting approach can identify a clear foundation in the law for the wrongful disability claim. (shrink)

This paper argues that we ought to rethink the harm-reduction prioritization strategy that has shaped early responses to acute resource scarcity (particularly of intensive care unit beds) during the COVID-19 pandemic. Although some authors have claimed that “[t]here are no egalitarians in a pandemic,” it is noted here that many observers and commentators have been deeply concerned about how prioritization policies that proceed on the basis of survival probability may unjustly distribute the burden of mortality and morbidity, even while (...) reducing overall deaths. The paper further argues that there is a general case in favor of an egalitarian approach to medical rationing that has been missed in the ethical commentary so far; egalitarian approaches to resource rationing minimize wrongful harm. This claim is defended against some objections and the paper concludes by explaining why we should consider the possibility that avoiding wrongful harm is more important than avoiding harm simpliciter. (shrink)

Bioethics, Volume 35, Issue 7, Page 718-719, September 2021.

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison (...) is relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

There is a widespread conviction that people distinguish two kinds of acts: on the one hand, acts that are generalisably wrong because they go against universal principles of harm, justice, or rights; on the other hand, acts that are variably right or wrong depending on the social context. In this paper we criticise existing methods that measure generalisability. We report new findings indicating that a modification of generalisability measures is in order. We discuss our findings in light of recent (...) criticisms of moral/conventional research. (shrink)

Reprint of an article appearing in a special issue of Daimon devoted to 'Expressing Hatred'.

Temporariness has become the norm in contemporary refugee protection. Many refugees face extended periods of time waiting for permanent status, either in camps or living among citizens in their state of asylum. Whilst this practice of keeping refugees waiting is of benefit to states, I argue that not only is it harmful to refugees but it also constitutes an injustice. First, I outline the prevalence of temporary assistance in the refugee protection regime. Second, I outline the orthodox view on temporary (...) refugee protection – it is acceptable as long as it is not indefinite. I then spend the remainder of the article considering four arguments against temporary refugee protection: the plan argument, the reciprocity argument, the domination argument, and the compounding injustice argument. I contend that the first two arguments, which already feature in the literature, merely show that temporary protection is harmful to refugees. My own arguments on domination and compounding injustice show, instead, that giving refugees temporary protection constitutes an injustice. The domination argument allows us to critique the current practice of temporary refugee protection, whereas the compounding injustice argument shows that temporariness in any form constitutes an injustice. (shrink)

McLeod's Conscience in Reproductive Health Care offers a number of valuable contributions to the literature, both within and beyond reproductive care. In this commentary, I begin by discussing two potential applications of her argument that healthcare professionals—specifically, those "who are charged with gatekeeping access to healthcare services" —have a fiduciary duty of loyalty to prioritize the interests of their patients over their own. Then, I turn to a couple of concerns one might raise about extending this fiduciary duty to pharmacists (...) who function as gatekeepers of reproductive services. Finally, I pose some questions about the ways in which McLeod conceives of the harms and wrongs of... (shrink)

According to theories of wrongful life (WL), the imposition upon a child of an existence of poor quality can constitute an act of harming, and a violation of the child’s rights. The idea that there can be WLs may seem intuitively compelling. But, as this paper argues, liberals who commit themselves to WL theories may have to compromise some of their other beliefs. For they will thereby become committed to the claim that some women are under a stringent moral (...) duty to have an abortion: a duty that could, without injustice, at least sometimes be enforced by the state. WL theories in other words imply that some women will lack a right to choose, under which both the decision to abort, and the decision to carry the fetus to term, are protected against interference. The paper exposes a dilemma, then, for liberals who are committed both to (a) the rights of future people not to be subjected to a harmful existence, and (b) the rights of women to refuse an abortion. (shrink)

This is the first book to argue in favor of paying people for their blood plasma. It does not merely argue that offering compensation to plasma donors is morally permissible. It argues that prohibiting donor compensation is morally wrong--and that it is morally wrong for all of the reasons that are offered against allowing donor compensation. Opponents of donor compensation claim that it will reduce the amount and quality of plasma obtained, exploit and coerce donors, and undermine social cohesion. James (...) Stacey Taylor argues that empirical evidence demonstrates that compensating plasma donors greatly increases the amount of plasma obtained with no adverse effects on the quality of the pharmaceutical products that are manufactured from it. Prohibiting compensation thus harms patients by reducing their access to the medicines they need. He also argues that it is the prohibition of compensation--not its offer--that exploits donors, fails to respect the moral need to secure a person's authoritative consent to her treatment, and prevents donors from giving their informed consent to donate. Prohibiting compensation thus not only harms patients--it wrongs donors. Bloody Bioethics will appeal to researchers, advanced students, and medical professionals interested in bioethics, moral philosophy, and the moral limits of markets. (shrink)

How should we think of the relationship between the climate harms that people will suffer in the future and our current emissions activity? Who does the harming, and what are the moral implications? One way to address these questions appeals to facts about the expected harm associated with one’s own individual energy-consuming activity, and argues that it is morally wrong not to offset one’s own personal carbon emissions. The first half of the article questions the strength of this argument. (...) The second half maintains that a different kind of argument for the same conclusion is stronger. This focuses on the harms that are attributable to carbon emitters considered collectively. (shrink)