In this paper, I defend the view that within a rights-based ethical framework, the moral status of future generations is best understood as that of present rightsholders. I argue that in this way it can be justified that we have obligations towards future generations. This justification in turn is of great relevance for many issues in moral theory and applied ethics. In the first part of the paper, I argue that the fact that future persons will have rights in the (...) future cannot fully account for present obligations. The missing link in this argument cannot be provided by approaches that infer those obligations mediately. In the second part of the paper, I argue that existing is not a necessary condition for being a rightsholder. First, our own future selves should be said to have rights even though they do not exist at present. Second, even at present, uncertainty challenges the relationship between rightsholders and obligation bearers: often enough, obligations depend on presuppositions or suspicions about other persons’ existence. In light of these cases, we should conceive of rightsholders as place holders, that is, sets of (actual) individuals whose existence or identity can be unknown or indetermined, with specific properties. Therefore, future generations can coherently be said to have rights now that correspond to our present obligations towards them. (shrink)

What is the practical relevance of the Non-Identity Problem (NIP) for our climate change-related duties? Climate change and the NIP are often discussed together, but there is surprisingly little work on the practical relevance of the NIP for the ethics of climate change. The central claim of this article is that the NIP makes a relatively minor difference to our climate change-related duties even if we pursue what has become known as the ‘bite the bullet’ strategy: endorse a person-affecting view (...) threatened by the NIP and not modify it in such a way as to evade the NIP. In particular I will argue that a harm-based view can justify the big-picture call for action emerging from the field of climate ethics. The key to reaching this conclusion is pointing out the consequences of our climate change-related decisions for people whose existence does not depend on these very decisions. (shrink)

In a familiar interpretation, the Non-Identity Problem claims that persons whose existence depends on a seemingly harmful action cannot in fact be harmed through such an action. It is often objected that the persons in question can nevertheless be wronged through a violation of their rights. However, this objection seems to fail because these persons would readily waive any violated right in order to come into existence. The present article will analyze this Waiver Counter Argument in detail and show why (...) it does not succeed. First, it is necessary to distinguish between a prospective and a retrospective waiver scenario. In the prospective scenario an imagined person must consider whether she wants to waive a right in order to come into existence. In the retrospective scenario a person is asked whether she would prefer a wronged existence to never having been born. In both scenarios the conditions of a legitimate waiver of rights are not met, but for different reasons. On this basis, an argument against NIP can be developed. (shrink)

A prominent argument in the climate ethical literature is that individual polluters are responsible for paying the costs of climate change.1 By contrast, I argue that we have reason to excuse individual agents morally for their contributions to climate change. This paper explores some of the possible constraints agents may face when they try to avoid harming the climate, constraints that might be acceptable reasons for excusing people’s contributions to climate change. Two lines of arguments are discussed. The first concerns (...) the soft internal constraint: that democratic citizens do not experience their individual failures as failures per se. In other words, they do not psychologically ‘feel’ they are doing anything wrong.2 The second argument concerns the soft external constraint: a number of studies have shown that many consumers report that while they are concerned about environmental issues, they struggle to translate their concern into green acts.3 Put differently, while individual citizens may think they are morally obliged to avoid harming the climate, they struggle to fulfill these obligations. I argue that these constraints do not constitute reasons for not blaming individual agents. Instead, individual agents can be morally excused for contributing to climate change because external constraints on agency make climate change a case of imperfect duty, that is, a duty that is hard to fulfill. (shrink)

In order to develop a model of equitable and sustainable distribution, this paper advocates integrating the ecological space paradigm and the capabilities approach. As the currency of distribution, this account proposes a hybrid of capabilities and ecological space. Although the goal of distributive justice should be to secure and promote people’s capabilities now and in the future, doing so requires acknowledging that these capabilities are dependent on the biophysical preconditions as well as inculcating the ethos of restraint. Both issues have (...) been highlighted from the perspective of the ecological space paradigm. Concerning the scope of distributive justice, the integration can combine the advantages of the ecological space paradigm regarding the allocation of the responsibilities involved in environmental sustainability with the strength of the capabilities approach regarding people’s entitlements. The pattern of distribution starts from a capability threshold. In order to achieve this threshold, ecological space should be provided sufficiently, and the remaining ecological space budget could then be distributed according to the equal per capita principle. (shrink)

In this article we argue that duties towards future generations are situated on the collective level and that they should be understood in terms of collective responsibility for structural injustice. In the context of climate change, it seems self‐evident that our moral duties pertain not only to the current generation but to future generations as well. However, conceptualizing this leads to the non‐identity problem: future persons cannot be harmed by present‐day choices because they would not have existed if other choices (...) had been made. Recently, Charlotte Franziska Unruh has proposed a solution that places the duties not on the individual level but on the collective level. The current generation has a responsibility for future generations as a whole. This solution is promising, but we argue that it problematically overlooks the existence of unjust relations within the contemporary collective, as we all contribute differently to bringing future generations into existence. Therefore, we propose to graft Iris Marion Young's Social Connection Model, which is concerned with structural injustice, on to the discussion of responsibility for future generations. Our proposal incorporates the strengths of Unruh's arguments, while also allowing for a differentiated responsibility based on different implications in unjust structures. (shrink)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

In this paper, I offer a prolegomenon to the philosophy of harm reduction. I begin with an overview of the philosophical literature on both harm and harm reduction, and a brief summary of harm reduction scholarship outside of philosophy in order to make the case that philosophers have something to contribute to understanding harm reduction, and moreover that engagement with harm reduction would improve philosophical scholarship. I then proceed to survey and assess the nascent and still modest philosophy of harm (...) reduction literature that has begun to emerge. I pay particular attention to two Canadian philosophers who have called for the expansion of harm reduction beyond the realm of so-called “vice”. Finally, I sketch some of the most interesting and important philosophical issues that I think the philosophy of harm reduction must grapple with going forward. (shrink)

As a collective action problem, climate change is best tackled by coordination. Most moral philosophers therefore agree on our individual responsibility as political citizens to help establish such coordination. There is disagreement, however, on our individual responsibilities as consumers to reduce emissions before such coordination is established. In this article I argue that from a Kantian deontological perspective we have a perfect duty to refrain from activities that we would not perform if appropriate coordination were established. Moral autonomy means that (...) we do not need to wait for an external lawmaker to tell us what we ought to do. In practice, this means basing our decisions on a shadow price for carbon: if we would not go out for a drive on a sunny Sunday afternoon in a gas-guzzling sport utility vehicle if gas prices were twice as high, we should not do it now. Moreover, we have imperfect duties to reduce emissions by more than our perfect duties require. (shrink)

Anna Christensen argues that it is implausible to claim that abortion and murder are morally impermissible given that they deprive individuals of a future like ours. In this essay, I provide two responses to Christensen’s argument. First, I show that the premises upon which Christensen’s argument relies have implausible implications. Second, I provide a direct response to Christensen’s challenge, showing that abortion and murder are morally impermissible given that they do deprive individuals of an FLO. Doing so involves drawing a (...) distinction between Acts of killing and Death. Christensen focuses on the latter, but it is the former that is the proper subject in the abortion debate. I conclude that Christensen has failed to provide a response to arguments—like the one presented by Marquis —that murder and abortion are impermissible given that they deprive individuals of an FLO. (shrink)

Is drastic action against global warming essential to avoid impoverishing our descendants? Or does it mean robbing the poor to give to the rich? We do not yet know. Yet most of us can agree on the importance of minimising expected deprivation. Because of the vast number of future generations, if there is any significant risk of catastrophe, this implies drastic and expensive carbon abatement unless we discount the future. I argue that we should not discount. Instead, the rich countries (...) should stump up the funds to support abatement both for themselves and the poor states of the world. Yet to ask the present generation to assume all the costs of drastic mitigation.is unfair.Worse still, it is politically unrealistic.We can square the circle by shifting part of the burden to our descendants. Even if we divert investment from other parts of the economy or increase public debt, future people should be richer, so long as we avert catastrophe. If so, it is fair for them to assume much of the cost of abatement.What we must not do is to expose them to the threat of disaster by not doing enough. (shrink)

Helen Frowe has recently offered what she calls a “practical” account of self-defense. Her account is supposed to be practical by being subjectivist about permissibility and objectivist about liability. I shall argue here that Frowe first makes up a problem that does not exist and then fails to solve it. To wit, her claim that objectivist accounts of permissibility cannot be action-guiding is wrong; and her own account of permissibility actually retains an objectivist (in the relevant sense) element. In addition, (...) her attempt to restrict subjectivism primarily to “urgent” situations like self-defense contradicts her own point of departure and is either incoherent or futile. Finally, the only actual whole-heartedly objectivist account she criticizes is an easy target; while those objectivist accounts one finds in certain Western European jurisdictions are immune to her criticisms. Those accounts are also clearly superior to hers in terms of action-guidingness. (shrink)

Water is recognized to pose some very urgent questions in the near future. A significant number of people are deprived of clean drinking water and sanitation services, with an accordingly high percentage of people dying from water borne diseases. At the same time, an increasing percentage of the global population lives in areas that are at risk of flooding, partly exacerbated by climate change. Although it is increasingly recognized that adequate governance of water requires that issues of “equity” or “social (...) justice” are taken into account, political philosophers or applied ethicists have so far not or only barely been involved in the debate on water governance. In this paper, it is argued that political philosophers or applied ethicists should become more involved in the debate on water governance. Their role can be twofold: clarifying the debate; and help analyzing some urgent distributive questions related to water governance. The paper is concluded with an outline for an ethics of water governance. (shrink)