Abstract“The wrongness of Albert's action causally explains why Jane judged that his action was wrong”. This type of causal moral explanation has been extensively discussed in the recent metaethical literature. This paper motivates the following claims about this type of moral explanation. First, a typical defence of this type of moral explanation suggested in the literature does not work because it predicts inaccurate modal information. Second, focusing on different aspects of the ways moral judgements are generated provides better chances for (...) the defender of this type of moral explanation. Third, the strategy mentioned in the previous point leads us to the following alternative evaluative explanation: The property of being a harmful action explains a recognisable pattern of moral judgements observed in the relevant empirical studies. One crucial implication the paper alludes to is a localist approach to the debates concerning moral realism: We should consider each moral property's ontological genuineness separately, referring to specific empirical findings that are particularly relevant to the target moral property in question. Such a localist approach can provide solid resources for realists to respond to various anti‐realist challenges, such as an influential evolutionary debunking argument. (shrink)

In clinical ethics, there remains a great deal of uncertainty regarding the appropriateness of attempting cardiopulmonary resuscitation (CPR) for certain patients. Although the issue continues to receive ample attention and various frameworks have been proposed for navigating such cases, most discussions draw heavily on the notion of harm as a central consideration. In the following, I use emerging philosophical literature on the notion of harm to argue that the ambiguities and disagreement about harm create important and oft-overlooked challenges for the (...) ethics of CPR. I begin by elucidating the standard account of harm, called the Counterfactual Comparative Account (CCA). I then show that three challenges to the CCA—preemptive harms, the harm of death, and non-experiential harms—are particularly salient when assessing potential harms for candidates of CPR and likely impact-related decision-making and communication. I extend this argument to explore how the ambiguities of harm might extend to other realms of clinical decision-making, such as the use and limitations of life-sustaining treatments. To address these challenges, I propose two strategies for identifying and minimizing the impact of such uncertainty: first, clinicians and ethicists ought to promote pluralistic conversations that account for different understandings of harm; second, they ought to invoke harm-independent considerations when discussing the ethics of CPR in order to reflect the nuances of such conversations. These strategies, coupled with a richer philosophical understanding of harm, promise to help clinicians and ethicists navigate the prevalent and difficult cases involving patient resuscitation and many other harm-based decisions in the clinical setting. (shrink)

What determines the degree to which some event harms a subject? According to the counterfactual comparative account, an event is harmful for a subject to the extent that she would have been overall better off if it had not occurred. Unlike the causation based account, this view nicely accounts for deprivational harms, including the harm of death, and for cases in which events constitute a harm rather than causing it. However, I argue, it ultimately fails, since not every intrinsically bad (...) state that is counterfactually dependent on an event contributes to its degree of harm. So while the causation based account is too restrictive, the counterfactual comparative view is not restrictive enough. In light of this, I suggest an alternative, explanation based account of overall harm, according to which the degree to which some event is harmful for a subject is determined by the degree to which (crudely) the states explained by it are overall more intrinsically bad than intrinsically good for her. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is to be (...) the subject of an event wherein one’s interests are wrongfully set back and wherein the status of the undergoing of the harm derives from its being the sort of event that it is (namely, a setting back of interests), independently of the badness of any resulting state. (shrink)

Harm is one of the central concepts of ethics so it would be good to offer an account of it. Many accounts appeal to a baseline: they say that you harm someone if you leave them worse off than in the baseline case. In this paper, I draw some lessons regarding what counts as an appropriate baseline and explore what these general lessons reveal about the nature of harm. In the process of so doing, I argue that a certain rarely-discussed (...) account of harm -- the worse than nothing account of harm -- does a particularly good job at identifying a baseline. This account says you harm someone if you leave them worse off than if you had done nothing to them. (shrink)

The counterfactual comparative account of harm (cca) faces well-known problems concerning preemption and omission. In a recent article in this journal, Daniel Immerman proposes a novel variant of cca, which he calls the worse than nothing account (wtna). According to Immerman, wtna nicely handles the preemption and omission problems. We seek to show, however, that wtna is not an acceptable account of harm. In particular, while wtna deals better than cca with some cases that involve preemption and omission, it has (...) implausible implications in other similar cases – cases that, moreover, pose no problems for cca. (shrink)

This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents of the principle can (...) refer to. (shrink)

My aim in this paper is to move toward a relational moral theory of harm through examination of a common yet underexplored form of child maltreatment: childhood psychological abuse. I draw on relational theory to consider agential, intrapersonal, and interpersonal ways in which relational harms develop and evolve both in intimate relationships and in conditions of oppression. I set forth three distinctive yet interconnected forms of relational harm that childhood psychological abuse causes: harm to the relational agency of individuals, harm (...) to the relationships individuals hold with themselves, especially with regard to how they respect, know, and trust themselves, and harm to interpersonal relationships of both a direct and indirect nature in present and future timeframes. I close by noting that while relationships can be the site of human brutality that destroys the relational self, paradoxically and promisingly, they also can be a primary means of the relational reconstitution of the self. Ultimately, relational analyses of the harms of childhood psychological abuse reveal several key elements of a relational theory of harm and demonstrate the significance of relational harms for moral philosophy. (shrink)

In this paper, we present and defend an analysis of harm that we call the Negative Influence on Well-Being Account (NIWA). We argue that NIWA has a number of significant advantages compared to its two main rivals, the Counterfactual Comparative Account (CCA) and the Causal Account (CA), and that it also helps explain why those views go wrong. In addition, we defend NIWA against a class of likely objections, and consider its implications for several questions about harm and its role (...) in normative theorizing. (shrink)

ABSTRACT When does a state of affairs constitute a harm to someone? Comparative accounts say that being worse off constitutes harm. The temporal version of the comparative account is seldom taken seriously, due to apparently fatal counterexamples. I defend the temporal version against these counterexamples, and show that it is in fact more plausible than the prominent counterfactual version of the account. Non-comparative accounts say that being badly off constitutes harm. However, neither the temporal comparative account nor the non-comparative account (...) can correctly classify all harms. I argue that we should combine them into a hybrid account of harm. The hybrid account is extensionally adequate and presents a unified view on the nature of harm. (shrink)

Because harm is an important notion in ethics, it’s worth investigating what it amounts to. The counterfactual comparative account of harm, commonly thought to be the most promising account of harm, analyzes harm by comparing what actually happened with what would have happened in some counterfactual situation. But it faces the preemption problem, a problem so serious that it has driven some to suggest we abandon the counterfactual comparative account and maybe even abandon the notion of harm altogether. This paper (...) defends a version of the counterfactual comparative account that solves the preemption problem, a version called the “worse than nothing account.” It says that you harm someone just in case you leave them worse off than if you’d done nothing at all. (shrink)

With respect to climate change, what is wanted is an account that morally condemns the production of ‘luxury’ greenhouse gas emissions (e.g., joyriding in an SUV), but not ‘subsistence’ emissions (e.g., cooking meals). Now, our individual greenhouse gas emissions either cause harm, or they do not—and those who condemn the production of luxury emissions generally stake their position on the grounds that they do cause harm. Meanwhile, those seeking to defend the moral permissibility of luxury emissions generally do so by (...) arguing that our individual emissions do not cause harm. Here, I argue that, if our individual emissions do cause harm, then this entails too much. For, it entails not only that our luxury emissions are morally impermissible, but that our subsistence emissions are too. This is an undesirable result. Therefore, I propose that we embrace our other option. Namely, I propose that we accept that our individual emissions do not cause harm; or at least, that they make no perceptible difference with respect to the harms associated with climate change. The result of this admission is not as bad as you might think. For, I argue, even if we are individually causally impotent with respect to the harms of climate change, there remains a plausible route toward the moral condemnation of our individual luxury emissions—contrary to what others have argued. What is more, only by accepting our individual causal impotence can we successfully ground the permissibility of our individual subsistence emissions. (shrink)

Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...) of objections to the claim and to the standard argument for it. (shrink)

Most philosophers in the death literature believe that death can be bad for the person who dies. The most popular view of death’s badness—namely, deprivationism—holds that death is bad for the person who dies because, and to the extent that, it deprives them of the net good that they would have accrued, had their actual death not occurred. Deprivationists thus face the challenge of locating the time that death is bad for a person. This is known as the Timing Problem, (...) which is thought to be one of the biggest challenges facing views holding that death can be bad for the person who dies. Every possible answer to this question has been defended in the literature, yet each answer can seemingly be shown to be subject to compelling objections. In this paper, I argue that the force of the Timing Problem is illusory. Specifically, I argue that the problem, as formulated in the literature, is underspecified. Any adequately precise form of the question ‘When is death bad for the person who dies?’ is one to which there is a clear, decisive, and unproblematic answer. (shrink)

Trust is often perceived as having great value. For example, there is a strong belief that trust will bring different sorts of public goods and help us preserve common resources. A related concept which is just as important, but perhaps not explicitly discussed to the same extent as “trust”, is “reliance” or “confidence”. To be able to rely on some agent is often seen as a prerequisite for being able to trust this agent. Up to now, the conceptual discussion about (...) the definition of trust and reliance has been rational in the sense that most people involved have offered arguments for their respective views, or against competing views. While these arguments rely on some criterion or other, these criteria are rarely explicitly stated, and to our knowledge, no systematic account of such criteria has been offered. In this paper we give an account of what criteria we should use to assess tentative definitions of “trust” and “reliance”. We will also offer our own well-founded definitions of “trust” and “reliance”. Trust should be regarded as a kind of reliance and we defend what we call “the accountability view” of trust, by appealing to the desiderata we identify in the first parts of the paper. (shrink)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative approach to defining (...) harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

Embryo rescue cases and minimal miscarriage prevention research have been interpreted as showing that even pro‐lifers are not really committed to the unborn having the same moral status as the born. I will suggest instead that judgments about embryo rescues are often distorted by triage considerations that reveal nothing about differences in moral status between those saved and those not. I will present metaphysical and ethical considerations – none assuming a difference in moral status – why preventing millions of miscarriages (...) does not warrant the massive redistribution of research funds that would occur to prevent the deaths of equal numbers of humans already born. (shrink)

Normativism holds that there is a close conceptual link between disease and disvalue. We challenge normativism by advancing an argument against a popular normativist theory, Jerome Wakefield’s harmful dysfunction account. Wakefield maintains that medical disorders are breakdowns in evolved mechanisms that cause significant harm to the organism. We argue that Wakefield’s account is not a promising way to distinguish between disease and health because being harmful is neither necessary nor sufficient for a dysfunction to be a disorder. Counterexamples to the (...) harmful dysfunction account are considered, such as mild infections, perceptual deficits, and beneficial illnesses. Then we consider two ways of amending the harmful dysfunction account to address these cases and argue that the proposed amendments raise even more serious problems for this account. These problems apply generally to any normativist theory and raise doubts about the entire normative approach to the philosophy of health and disease. (shrink)

Jerome Wakefield has argued that a disorder is a harmful dysfunction. This paper develops how Wakefield should construe harmful in his harmful dysfunction analysis. Recently, Neil Feit has argued that classic puzzles involved in analyzing harm render Wakefield’s HDA better off without harm as a necessary condition. Whether or not one conceives of harm as comparative or non-comparative, the concern is that the HDA forces people to classify as mere dysfunction what they know to be a disorder. For instance, one (...) can conceive of cases where simultaneous disorders prevent each other from being, in any traditional sense, actually harmful; in such cases, according to the HDA, neither would be a disorder. I argue that the sense of harm that Wakefield should employ in the HDA is dispositional, similar to the sense of harm used when describing a vile of poison: “Be careful! That’s poison. It’s harmful.” I call this harm in the damage sense. Using this sense of harm enables the HDA to avoid Feit’s arguments, and thus it should be preferred to other senses when analyzing harmful dysfunction. (shrink)

This paper explores the idea of moral offsetting: the idea that good actions can offset bad actions in a way roughly analogous to carbon offsetting. For example, a meat eater might try to offset their consumption of meat by donating to an animal welfare charity. In this paper, I clarify the idea of moral offsetting, consider whether the leading moral theories and theories of moral worth are consistent with the possibility of moral offsetting, and consider potential benefits of moral offsetting. (...) I also compare moral offsetting to a related practice that I call ‘moral triaging’. (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)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions about the (...) standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

We want to keep hackers in the dark about our passwords and our credit card numbers. We want to keep potential eavesdroppers in the dark about our private communications with friends and business associates. This need for secrecy raises important questions in epistemology (how do we do it?) and in ethics (should we do it?). In order to answer these questions, it would be useful to have a good understanding of the concept of keeping someone in the dark. Several philosophers (...) (e.g., Bok, 1983; Carson, 2010; Mahon, 2009; Scheppele, 1988) have analyzed this concept (or, equivalently, the concept of keeping secrets) in terms of concealing and/or withholding information. However, their analyses incorrectly exclude clear instances of keeping someone in the dark. And more important, they incorrectly focus on possible means of keeping someone in the dark rather than on what it is to keep someone in the dark. In this paper, I argue that you keep X in the dark about a proposition P if and only if you intentionally cause X not to have a true belief that P. In addition, I show how this analysis of keeping someone in the dark can be extended from a categorical belief model of epistemic states to a credence (or degree of belief) model. (shrink)

The concept of “harm” is ubiquitous in moral theorising, and yet remains poorly defined. Bradley suggests that the counterfactual comparative account of harm is the most plausible account currently available, but also argues that it is fatally flawed, since it falters on the omission and pre-emption problems. Hanna attempts to defend the counterfactual comparative account of harm against both problems. In this paper, I argue that Hanna’s defence fails. I also show how his defence highlights the fact that both the (...) omission and the pre-emption problems have the same root cause – the inability of the counterfactual comparative account of harm to allow for our implicit considerations regarding well-being when assessing harm. While its purported neutrality with regard to substantive theories of well-being is one of the reasons that this account is considered to be the most plausible on offer, I will argue that this neutrality is illusory. (shrink)

The primary method for defending biocentric individualism—a prominent theory of the moral value of organisms—is to appeal to the fact that certain things are good for or bad for living creatures, even if they are not sentient. This defense is typically and frequently met with the objection that we can determine what is good for some living creature without thereby having any moral reason or obligation to promote or avoid undermining it. In this paper I show how a theory of (...) the morality of defensive violence undermines this objection. (shrink)

Perhaps death’s badness is an illusion. Epicureans think so and argue that agents cannot be harmed by death when they’re alive nor when they’re dead. I argue that each version of Epicureanism faces a fatal dilemma: it is either committed to a demonstrably false view about the relationship between self-regarding reasons and well-being or it is involved in a merely verbal dispute with deprivationism. I first provide principled reason to think that any viable view about the badness of death must (...) allow that agents have self-regarding reason to avoid death if doing so would increase their total well-being. I then show that Epicurean views which do not preserve this link are subject to reductio arguments and so should be rejected. After that, I show that the Epicurean views which accommodate this desideratum are involved in a merely verbal dispute with deprivationism. (shrink)

The problem of justified harm is the problem of explaining why it is permissible to inflict harm for the sake of future benefits in some cases but not in others. In this paper I first motivate the problem by comparing a case in which a lifeguard breaks a swimmer’s arm in order to save her life to a case in which Nazis imprison a man who later grows wiser as a result of the experience. I consider other philosophers’ attempts to (...) explain why the lifeguard’s action was permissible but the Nazis’ action was not. After arguing that principles having to do with consent, expected utility, and the types of harms and benefits at issue do not fully solve the problem, I argue for a causal solution to the problem. The causal solution includes both a causal account of harming and a distinction between causes and mere conditions. It then distinguishes between the lifeguard and Nazi cases with following principle: A harmful action that causes greater benefits can sometimes be justified by those benefits, but a harmful action that does not cause greater benefits cannot be justified by any subsequent benefits that the action, itself, does not cause. (shrink)

Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.

The issue of whether biological and psychological properties associated with disability can be harmful, beneficial, or neutral brings up an important philosophical question about how we evaluate disability, and disability’s impact on well-being. The debate is usually characterized as between those who argue disability is intrinsically harmful, and disability rights advocates who argue that disability is just another way of being different, in part, because disability can also provide important benefits. I argue that this debate is a false one, as (...) neither view can capture the more complicated relationship between disability and well-being. I argue that many disabilities are best understood as a kind of pro-tanto extrinsic harm that is characterized in counterfactual terms. This means that our judgments concerning disability and harm must be context-sensitive. (shrink)

On most accounts, beliefs are supposed to fit the world rather than change it. But believing can have social consequences, since the beliefs we form underwrite our actions and impact our character. Because our beliefs affect how we live our lives and how we treat other people, it is surprising how little attention is usually given to the moral status of believing apart from its epistemic justification. In what follows, I develop a version of the harm principle that applies to (...) beliefs as well as actions. In doing so, I challenge the often exaggerated distinction between forming beliefs and acting on them.1 After developing this view, I consider what it might imply about controversial research the goal of which is to yield true beliefs but the outcome of which might include negative social consequences. In particular, I focus on the implications of research into biological differences between racial groups. (shrink)

The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

In a recent article in this journal, Justin Klocksiem proposes a novel response to the widely discussed failure to benefit problem for the counterfactual comparative account of harm (CCA). According to Klocksiem, proponents of CCA can deal with this problem by distinguishing between facts about there being harm and facts about an agent's having done harm. In this reply, we raise three sets of problems for Klocksiem's approach.

In the literature about harm, the counterfactual comparative account has emerged as a main contender. According to it, an event constitutes a harm for someone iff the person is worse off than they would otherwise have been as a result. But the counterfactual comparative account faces significant challenges, one of the most serious of which stems from examples involving non-harmful omitted actions or non-occurring events, which it tends to misclassify as harms: for example, Robin is worse off when Batman does (...) not give him a new set of golf clubs, but Batman has not harmed him. In this article, I will clearly state the counterfactual comparative account; state and explain this objection to the account; canvass several unsatisfactory responses; and attempt to show how the account can overcome the objection. This solution involves distinguishing between principles concerning the existence of harm and principles concerning attributions of responsibility for harm. (shrink)

I argue that it is permissible for pregnant women to expose their unborn children to risks and injury. I begin with the premise that abortion is permissible. If so, then just as a pregnant woman may permissibly prevent an unborn child from experiencing any future wellbeing, she also may permissibly provide her child relatively poorer prospects for wellbeing. Therefore, it is permissible for pregnant women to take risks and cause prenatal injury. This argument has revisionary implications for policies that prevent (...) medical research and drug use during pregnancy. It also explains why moralistic criticism of pregnant women is unwarranted. (shrink)

Wakefield’s harmful dysfunction analysis asserts that the concept of medical disorder includes a naturalistic component of dysfunction and a value component, both of which are required for disorder attributions. Muckler and Taylor, defending a purely naturalist, value-free understanding of disorder, argue that harm is not necessary for disorder. They provide three examples of dysfunctions that, they claim, are considered disorders but are entirely harmless: mild mononucleosis, cowpox that prevents smallpox, and minor perceptual deficits. They also reject the proposal that dysfunctions (...) need only be typically harmful to qualify as disorders. We argue that the proposed counterexamples are, in fact, considered harmful; thus, they fail to disconfirm the harm requirement: incapacity for exertion is inherently harmful, whether or not exertion occurs, cowpox is directly harmful irrespective of indirect benefits, and colorblindness and anosmia are considered harmful by those who consider them disorders. We also defend the typicality qualifier as viably addressing some apparently harmless disorders and argue that a dysfunction’s harmfulness is best understood in dispositional terms. (shrink)

This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.

The counterfactual comparative account of harm and benefit has several virtues, but it also faces serious problems. I argue that CCA is incompatible with the prudential and moral relevance of harm and benefit. Some possible ways to revise or restrict CCA, in order to avoid this conclusion, are discussed and found wanting. Finally, I try to show that appealing to the context-sensitivity of counterfactuals, or to the alleged contrastive nature of harm and benefit, does not provide a solution.

According to the standard version of the counterfactual comparative account of harm, an event is overall harmful for an individual if and only if she would have been on balance better off if it had not occurred. This view faces the “preemption problem.” In the recent literature, there are various ingenious attempts to deal with this problem, some of which involve slight additions to, or modifications of, the counterfactual comparative account. We argue, however, that none of these attempts work, and (...) that the preemption problem continues to haunt the counterfactual comparative account. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere of protected liberty includes not (...) only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

I respond here to an argument given recently in this journal by Erik Carlson, Jens Johansson, and Olle Risberg. The authors object to the counterfactual comparative account of harm. They argue that, on this account, an action that would harm the agent might leave her better off than would some alternative action that would benefit her, and they object to this implication. By appealing to group or plural harm, I argue that their objection fails.

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, then (...) it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

In a typical non-identity case, the agent performs an action that causes someone to exist at a low but positive level of well-being, although an alternative was to create another, much happier person instead. There seem to be strong moral reasons against what the agent does, but it is difficult to explain how this can be so. In particular, it seems that on a simple counterfactual account of harm, the action does not harm anyone, as it does not make anyone (...) worse off than he or she would have been had the action not been performed. In this paper, I criticize the response that the action nevertheless harms the actual child, as well as the response that it makes the counterfactual child worse off. I argue that the following alternative view deserves attention: a compound of the actual and the counterfactual child is made worse off by the action. (shrink)

In recent times, there has been a surge of interest in, and enthusiasm for, contextualist views about prudential discourse — thought and talk about what has prudential value or contributes to someone’s well-being. In this paper I examine and reject two cases for radical forms of prudential contextualism, proposed by Anna Alexandrova and Steve Campbell. Alexandrova holds that the semantic content of terms like ‘well-being’ and ‘doing well’ varies across contexts. Campbell proposes that there are plural prudential concepts at play (...) in prudential discourse (and in philosophical reflection upon such discourse) and that we find evidence of this in the conflicting commitments of prudential discourse. ​The negative aim of the paper is to show that Alexandrova and Campbell have not given us a good case for ambitious forms of contextualism about prudential discourse. The positive aim of the paper is to provide alternative, aspectualist, explanations of the features of prudential discourse that their discussions highlight. (shrink)

A very common but untested assumption is that potential children would consent to be exposed to the harms of existence in order to experience its benefits. And so, would-be parents might appeal to the following view: Procreation is all-things-considered permissible, as it is morally acceptable for one to knowingly harm an unconsenting patient if one has good reasons for assuming her hypothetical consent—and procreators can indeed reasonably rely on some notion of hypothetical consent. I argue that this view is in (...) error. My argument appeals to a consent-based version of anti-natalism advanced by Seana Valentine Shiffrin. Anti-natalism is the view that it is always wrong to bring people into existence. While, like Shiffrin, I stop short of advocating a thoroughgoing anti-natalism, I nevertheless argue that procreators cannot appeal to hypothetical consent to justify exposing children to the harms of existence. I end by suggesting a more promising route by which this justification might be achieved. (shrink)

In this paper, we critically examine Molly Gardner’s favored solution to what she calls “the problem of justified harm.” We argue that Gardner’s view is false and that her arguments in support of it are unconvincing. Finally, we briefly suggest an alternative solution to the problem which avoids the difficulties that beset Gardner’s proposal.

I defend a theory of the way in which death is a harm to the person who dies that fits into a larger, unified account of harm ; and includes an account of the time of death's harmfulness, one that avoids the implications that death is a timeless harm and that people have levels of welfare at times at which they do not exist.

A central claim in abortion ethics is what might be called the Harm Claim – the claim that abortion harms the fetus. In this article, we put forward a simple and straightforward reason to reject the Harm Claim. Rather than invoking controversial assumptions about personal identity, or some nonstandard account of harm, as many other critics of the Harm Claim have done, we suggest that the aborted fetus cannot be harmed for the simple reason that it does not occupy any (...) well-being level. (shrink)

In this paper, I consider the problem of omission for the counterfactual comparative account of harm. A given event harms a person, on this account, when it makes her worse off than she would have been if it had not occurred. The problem arises because cases in which one person merely fails to benefit another intuitively seem harmless. The account, however, seems to imply that when one person fails to benefit another, the first thereby harms the second, since the second (...) person would have been better off if the first had benefited her. I argue that the cases of failing to benefit at issue are in fact cases of harming. They are cases of preventive harm. I also argue that we can explain away the intuition that no harm occurs in these cases, and that the relevant implication of the counterfactual comparative account is consistent with a variety of plausible views about the moral significance of harm. (shrink)