This paper argues that we hold two key duties to future people: to leave them enough in an absolute sense, and to leave them their fair share. Even if we benefit people by bringing them into existence, we can wrongly exploit our position to take more than our share of benefits. As in paradigm cases of exploitation, just because future people might agree to the ‘bargain’, this does not mean that they receive enough.

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

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

This article introduces a non-human version of the non-identity problem and suggests that such a variation exposes weaknesses in several proposed person-focused solutions to the classic version of the problem. It suggests first that person-affecting solutions fail when applied to non-human animals and, second, that many common moral arguments against climate change should be called into question. We argue that a more inclusive version of the person-affecting principle, which we call the ‘patient-affecting principle’, captures more accurately the moral challenge posed (...) by the non-identity problem. We argue further that the failure of person-affecting solutions to solve non-human versions of the problem lend support to impersonal solutions to the problem which avoid issues of personhood or species identity. Finally, we conclude that some environmental arguments against climate change that rely on the notion of personal harm should be recast in impersonal terms. (shrink)

The wrongful disability problem arises whenever a disability-causing, and therefore (presumptively) wrongful, procreative act is a necessary condition for the existence of a person whose life is otherwise worth living. It is a problem because it seems to involve no harm, and therefore no wrongful treatment, vis-à-vis that person. This essay defends the nonconsequentialist, rights-based, account of the wrong-making features of wrongful disability. It distinguishes between the person-affecting restriction, roughly the idea that wrongdoing is always the wronging of some person, (...) and the harm principle, the idea that all wrongings are harmings. It argues, first, that the harm principle should be rejected, in light of offending intuitions in salient examples. Rejection of the harm principle is not only independently plausible, but also paves the way for a nonconsequentialist diagnosis of wrongful disability. This diagnosis conceives of wrongdoing as a failure to express adequate respect for the humanity or personhood inherent in the person created. The paper defends a theory of humanity-respecting rights that accommodates plausible intuitions about satisficing and fairness, without resorting to consequentialist premises that lead to well-known impossibility results and paradoxes. (shrink)

The paper asks the question whether Kant’s ethical theory can be applied to issues in assisted reproductive technology. It argues against three objections to applying Kant’s ethics to ART: the non-identity objection, the gen-ethics objection, and the care-ethics objection. After showing that neither of the three objections is sufficiently persuasive the paper proposes a reading of Kant’s ‘formula of humanity,’ and especially its negative clause, that can be of some guidance in ART. The paper conclude that although Kant’s ‘formula of (...) humanity’ cannot be used as a simple litmus test for determining whether an ART practice is morally permissible or not, it nonetheless can supply us with some guidance in our moral deliberation. (shrink)

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

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink)

Many are committed to the idea that the present generation has obligations to future generations, for example, obligations to preserve the environment and certain natural resources for those generations. However, some philosophers want to explain why we have these obligations in terms of correlative rights that future persons have against persons in the present. Attributing such rights to future persons is controversial, for there seem to be compelling arguments against the position. According to the “nonexistence” argument, future persons cannot have (...) rights (and so should not be attributed rights) because they do not exist. According to the “no-satisfaction” argument, future persons cannot have a right to resources that do not exist at the time of their existence because such a right could not, in principle, be satisfied. In this paper, I will argue that an eternalist ontology of time provides the resources for satisfactorily responding to both the nonexistence and the no-satisfaction arguments. (shrink)

Journal of Social Philosophy, EarlyView.