BackgroundIn many countries health insurers, employers and especially governments are increasingly using pressure and coercion to enhance healthier lifestyles. For example by ever higher taxes on cigarettes and alcoholic beverages, and ever stricter smoke-free policies. Such interventions can enhance healthier behaviour, but when they become too intrusive, an unfree society can emerge. Which lifestyle interventions that use pressure or coercion are justifiable and which are not? We tried to develop an assessment model that can be used for answering this question, (...) on a generally acceptable way, for all sorts of lifestyle interventions.MethodsThe intended assessment model was developed in three phases. In the first phase the model was theoretically developed on the basis of literature study and reasoning. In the second phase the model was empirically tested by assessing two detailed cases from everyday practice using the model. The model was improved again and again. In the third phase the 10th version of the model was developed while writing this article.ResultsAn assessment model for the justification of intrusive lifestyle interventions. It comprises three components: 12 assessment criteria ; an assessment structure with three filters ; a way of assessing.ConclusionsWe have developed an assessment model for the justification of lifestyle interventions that use pressure or coercion to promote health. The correctness, completeness and practicality of the model are likely. Important principles for the justification are the logic and completeness of the underlying argumentation and the proper use of the available scientific information. Parties for and against a particular intervention could use the model to test and strengthen their argumentation and to improve the quality of the intervention. (shrink)

It is widely held that our beliefs can be epistemically faultless despite being morally flawed. Theories of moral encroachment challenge this, holding that moral considerations bear on the epistemic status of our attitudes. According to attitude-based theories of moral encroachment, morality encroaches upon the epistemic standing of our attitudes on the grounds that we can morally injure others with our epistemic practices. In this paper, I aim to show that current attitude-based theories have asymmetric mechanisms: moral features only make it (...) harder for attitudes to secure epistemic merits. I argue that, if attitudes can incur moral injury, failure to form attitudes can too. To make sense of this, I contend, attitude-based accounts require symmetric mechanisms, allowing that moral considerations make it both harder and easier for attitudes to attain epistemic merits. I maintain that, once we recognize this, attitude-based encroachment views must soon concede that they sometimes demand we believe against the evidence. (shrink)

In recent works, Shlomi Segall suggests and defends a luck egalitarian approach to justice in health. Concurring with G. A. Cohen’s mature position he defends the idea that people should be compensated for “brute luck”, i.e. the outcome of actions that it would be unreasonable to expect them to avoid. In his defense of the luck egalitarian approach he seeks to rebut the criticism raised by Norman Daniels that luck egalitarianism is in some way too narrow and in another too (...) wide to uphold justice in health and health care distribution. He points out that a pluralistic outline of luck egalitarianism taking into account the moral requirement of meeting everyone’s basic needs can avoid this line of criticism. In this article I argue against the application of such pluralistic luck egalitarianism in matters of health distribution. First of all, Segall has not shown that luck egalitarianism handles well health distributions above a threshold of basic needs. Secondly, his way of avoiding Elizabeth Anderson’s abandonment objection is theoretically problematic. Finally, I argue that luck egalitarianism in general fails to acknowledge the moral foundation of health and health care as a basic human entitlement. Thus I conclude that luck egalitarianism fails to take health needs seriously and that it cannot therefore uphold justice in health. (shrink)

Our romantic lives are influenced, to a large extent, by our perceptions of physical attractiveness – and the societal beauty standards that shape them. But what if we could free our desires from this fixation on looks? Science fiction writer Ted Chiang has explored this possibility in a fascinating short story – and scientific developments might, in the future, move it beyond the realm of fiction. In this paper, I lay out the prudential case for using “attraction-expanding technology,” and then (...) consider it from a moral point of view. Using the technology would, in one respect, be morally good: it would benefit those whom prevailing beauty standards marginalize. But attraction-expanding technology also raises a moral concern – one that can be cast in non-harm-based and harm-based terms. I argue that the non-harm-based objection should be rejected, because it is incompatible with a moral principle central to queer rights. And the harm-based objection, I argue, is outweighed by the benefits of attraction-expanding technology, and undermined by the prerogative you have over your personal romantic choices. I conclude by considering whether, from the perspective of society, the development of attraction-expanding technology would be desirable. (shrink)

In 2009 Dutch judges convicted several minors for theft of virtual items in the virtual worlds of online multiplayer computer games. From a legal point of view these convictions gave rise to the question whether virtual items should count as “objects” that can be “stolen” under criminal law. This legal question has both an ontological and a moral component. The question whether or not virtual items count as “objects” that can be “stolen” is an ontological question. The question whether or (...) not they should count as such under criminal law is of a moral nature. The purpose of this paper is to answer both the ontological question and the moral question underlying the legal question. (shrink)

Rowe has recently argued that pure risk of harm cannot itself be a harm. I respond to Rowe and argue that given an appropriate understanding of objective probabilities, pure objective risk of harm can itself be a harm.

Sustainable Development Goals, which serve as the primary feature of the 2030 Agenda for Sustainable Development, and Nationally Determined Contributions, which serve as a vital instrumental of the UNFCCC’s Paris Agreement, have clear synergies. Both are focused, in part, on responding to challenges presented to human well-being. There are good practical reasons to integrate development efforts with a comprehensive response to climate change. However, at least in their current form, these two policy instruments are ill-suited to this task. Where SDGs (...) are focused on supporting considerations of human flourishing to which policy needs to respond, NDCs, in their current form, are dependent on the determinations of the nations that generate them. I conclude that the best means of integrating these two policy initiatives require moving past the subjective foundations of NDCs. (shrink)

This paper provides a new solution to the problem of moral permissions for the moral error theory. The problem is that the error theorist seems committed to the claim that all actions are morally permitted, as well as to the contradictory claim that no action is morally permitted. My solution understands the moral error theory as the view that folk moral discourse is systematically in error by virtue of suffering from semantic presupposition failure, which I show is consistent with a (...) Kratzerian semantics for deontic modals in natural language. Formally, the solution is to treat the ordering source parameter within Kratzer’s semantics as undefined in the case of folk moral discourse. The paper concludes with thoughts about the import of the solution proffered for the alleged independence of the moral error theory from normative ethics. (shrink)

Many activities impose risks of harm on other people. One such class of risks are those that individuals culpably impose on others, such as the risk arising from reckless driving. Do such risks in themselves constitute a harm, over and above any harm that actually eventuates? This paper considers three recent views that each answer in the affirmative. I argue that each fails to overcome what I call the ‘interference objection’. The risk of harm itself, whether taken as a subjective (...) or an objective risk, is unable to interfere with the interests of victims in order to constitute a harm. This does not mean that a risk of harm cannot itself be wrongful, but the conclusion does weaken the moral objectionableness of impositions of risks of harm. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...) of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

Human papillomavirus (HPV) infection is the world’s most common sexually transmitted infection. It is a prerequisite for cervical cancer, the second most common cause of death in cancer among women worldwide, and is also believed to cause other anogenital and head and neck cancers. Vaccines that protect against the most common cancer-causing HPV types have recently become available, and different countries have taken different approaches to implementing vaccination. This paper examines the ethics of alternative HPV vaccination strategies. It devotes particular (...) attention to the major arguments for and against one strategy: voluntary, publicly funded vaccination for all adolescent boys and girls. This approach seems attractive because it would protect more people against cervical cancer and other HPV-related cancers than less inclusive alternatives, without the sacrifice of autonomy that a comparably broad compulsory programme would require. Also, the herd immunity that it would likely generate would protect those who remain unvaccinated, a major advantage from a justice perspective. However, there is a possibility that a HPV vaccination programme targeting all adolescents of both sexes is not considered sufficiently cost-effective. Also, it might pose more difficulties for achieving informed consent than comparable vaccination programmes against other diseases. Ultimately, society’s choice of HPV vaccination strategy requires careful consideration not only of the values at stake but also of available and emerging scientific evidence. (shrink)

I argue that the possibility of posthumous harm ought to be rejected. My argument centers on a kind of repugnancy case involving posthumous harm. Supposing the existence of posthumous harm, a person whose wellbeing was extremely high while she was alive could incur small posthumous harms over a long enough period such that it is true of that person that she had a life not worth living. I respond to various objections and in the end conclude that rejecting posthumous harm (...) is preferable to all other options. (shrink)

In this paper, I critique one aspect of Simester and von Hirsch’s, Crimes, Harms, and Wrongs—their recognition of harm and offence principles, but failure to construct a paternalistic principle, despite their willingness to countenance some small measure of criminal paternalism. Construction of such a principle would have clarified the problems of as well as the limits to criminalising paternalism.

The justification for restrictive state intervention (RSI) such as criminal punishment or state reversal of parental decisions is called a limiting, or intervention (Buchanan and Brock 1989, 10), p...

This case study focuses on decision-making for minors who are permanently unconscious and dependent on life-sustaining therapies. Cases of this type often cause anguish and angst for health care providers and caregivers and can lead to mistrust, moral distress, and communication problems. After presenting a particular case, an ethical analysis is applied to determine whether there is an apparent course of action or an ethical dilemma. The ethical analysis focuses on the currently accepted guidance principle for surrogate decision-making for minors (...) and applies them to the case. The conclusion drawn shows that the case was not, in fact, an ethical dilemma by definition and that there is a reasonable course of action to be taken. (shrink)

This article presents estimates of the global cost of collective and interpersonal violence for the period of one year. This includes war, terrorism, homicides, assaults and domestic violence against women and children. The cost of conventionally defined interpersonal violence, that is, homicides and assault, are about 7.5 times higher than the cost due to war and terrorism. I also estimate the costs of non-fatal domestic violence against children and women and suggest that these costs are much higher than the combined (...) costs of homicide, assault, terrorism and war. The main reason is that the prevalence of these types of violence is very high: possibly as many as 16 per cent of all children are punished using violent methods and about 12 per cent of all women experience intimate partner violence. Richer societies have lower levels of violence, and there is evidence that prevalence rates have been declining over time. However, it is often unclear why this is the case. Much of the evidence from violence red... (shrink)

The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This (...) article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices. (shrink)

This article examines how the so-called disembodied criminal subject is given structure and form through the law of homicide and assault. By analysing how the body is materialised through the criminal law’s enactment of death and injury, this article suggests that the biological positioning of these harms of violence as uncontroversial, natural, and universal conditions of being ‘human’ cannot fully appreciate what makes violence wrongful for us, as embodied entities. Absent a theory of the body, and a consideration of corporeality, (...) the criminal law risks marginalising, or altogether eliding, experiences of violence that do not align with its paradigmatic vision of what bodies can and must do when suffering its effects. Here I consider how the bionic body disrupts the criminal law’s understanding of human violence by being a body that is both organic and inorganic, and capable of experiencing and performing violence in unexpected ways. I propose that a criminal law that is more receptive to the changing, technologically mediated conditions of human existence would be one that takes the corporeal dimensions of violence more seriously and, as an extension of this, adopts an embodied, embedded, and relational understanding of human vulnerability to violence. (shrink)

It is often alleged that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves a negative interpersonal response for that transgression, blaming responses such as resentment and indignation being paradigms. Aside from a few exceptions, guilt is cited in recent discussions of moral responsibility, if at all, as merely an effect of being blamed, or as a reliable indicator of moral responsibility, but not itself an explanation of moral responsibility. In this paper, (...) I argue that an agent is morally responsible in a liability sense for a transgression just in case s/he deserves to feel moral guilt for that transgression. I argue that this alternative view offers all that the predominant blame-focused view offers, while also solving some puzzling features of moral responsibility. Specifically, it offers a compelling way to reconcile conflicting intuitions about the suberogatory, and allows those who do not understand what Darwall calls ‘second-personal’ reasons to be morally responsible for their immoral acts. (shrink)

The status of risk factors and disease remains a disputed question in the theory and practice of medicine and healthcare, and so does the related question of delineating disease boundaries. I present a framework based on Bernard Lonergan’s account of emergent probability for differentiating (1) generically distinct levels of systematic function within organisms and between organisms and their environments and (2) the methods of functional, genetic, and statistical investigation. I then argue on this basis that it is possible to understand (...) disease in terms of biological or higher intra-level dysfunction, risk factors—including genetic risk factors—in terms of statistical inter-level conditioning of a given stage or developmental sequence of systematic functioning, and the empirical boundaries of disease in terms of the limits of both functional categorization (from an epistemic standpoint) and upper-level integration of lower-level processes and events (from an ontological standpoint). (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

Post-mortem privacy is becoming a vital topic of public and scholarly legal concern. Post-mortem privacy is understood as the right of a person to preserve and control what becomes of his reputation and dignity after death. The assumption that the deceased does not qualify for privacy rights, because his bodily presence has been terminated, no longer holds in our networked society. In the digital age, the phenomenon of the digital legacy that an Internet user leaves behind after his demise, has (...) led to new challenges for the legal system. The deceased is no longer in a position to exercise human autonomy as an active agent. The article reconsiders the notion of human autonomy with regard to these digital representations. Taking the point of view that the control over personal information is essential in protecting one’s privacy in the antemortem life, the article explores whether this principle may have validity in the postmortem context. Legal philosophical arguments are advanced in a discourse about the quandary if digital personae of deceased persons can be bestowed with a legal basis of personality rights and concomitantly privacy rights. Therefore much attention is given to the problem of the subject, which does not seem to be functioning in the case of the absence of a living subject. Briefly referring to novel personae, it is argued that fundamental human rights need not be limited to the rights of living human beings. (shrink)

Douglas Diekema has argued that it is not the best interest standard, but the harm principle that serves as the moral basis for ethicists, clinicians, and the courts to trigger state intervention to limit parental authority in the clinic. Diekema claims the harm principle is especially effective in justifying state intervention in cases of religiously motivated medical neglect in pediatrics involving Jehovah’s Witnesses and Christian Scientists. I argue that Diekema has not articulated a harm principle that is capable of justifying (...) state intervention in these cases. Where disagreements over appropriate care are tethered to metaphysical disagreements, it is moral-metaphysical standards, rather than merely moral standards, that are needed to provide substantive guidance. I provide a discussion of Diekema’s harm principle to the broader end of highlighting an inconsistency between the theory and practice of secular bioethics when overriding religiously based medical decisions. In a secular state, ethicists, clinicians, and the courts are purportedly neutral with respect to moral-metaphysical positions, especially regarding those claims considered to be religious. However, the practice of overriding religiously based parental requests requires doffing the mantle of neutrality. In the search for a meaningful standard by which to override religiously based parental requests in pediatrics, bioethicists cannot avoid some minimal metaphysical commitments. To resolve this inconsistency, bioethicists must either begin permitting religiously based requests, even at the cost of children’s lives, or admit that at least some moral-metaphysical disputes can be rationally adjudicated. (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)

The defense of necessity, also known as the “choice of evils,” reflects popular moral intuitions and common sense: sometimes, breaking the rules is the right—indeed, the only—thing to do in order to avoid a greater evil. Citing a classic example, mountain climbers may break into a cabin to wait out a deadly snow storm and appropriate the owner’s provisions because their property violations are a lesser evil compared to the loss of life. At the same time, this defense contradicts the (...) fundamental principles of criminal responsibility in that it authorizes violation of rights of innocent bystanders. By allowing the mountain climbers to override the property rights of the cabin owner, the defense effectively forbids the cabin owner to use force in response—a different rule would perpetuate violence. This outcome is at odds with the basic criminal law doctrines. There is no general duty to rescue in Anglo-American law. Yet, by forbidding the cabin owner to use force, the defense of necessity essentially imposes on him the duty to forego his interests in favor of those of the mountain climbers. The paper explores the origins and boundaries of the defense of necessity. It argues that the existing public and private theories of necessity are unsatisfactory and concludes that a viable theory of necessity should be able to explain why it is sometimes permissible to override individual rights of citizens without their consent or fault. (shrink)

One of the biggest challenges facing modern societies is how to monitor one’s intelligence community while maintaining the necessary level of secrecy. Indeed, while some secrecy is needed for mission success, too much has allowed significant abuse. Moreover, extending this secrecy to democratic oversight actors only creates another layer of unobserved actors and removes the public scrutiny that keeps their power and decision-making in check. This article will therefore argue for a new type of oversight through a specialised ethical whistleblowing (...) framework. This includes, first, outlining what intelligence wrongdoings justify whistleblowing; second, whether whistleblowing is the correct remedy – something not necessarily clear with intelligence; and finally, what form the whistleblowing should take. This framework will examine the Snowden case to determine whether he was correct leaking intelligence data and whether the means were appropriate, and second, whether those involved in the Central Intelligence... (shrink)

In recent years the power and reach of prominent hacker groups such as Anonymous and LulzSec has been clearly demonstrated. However, in a world where hackers are able to wield significant online power, can they do so ethically as legitimate agents? To answer this question this paper will develop an ethical framework based on the premise that hackers have exhibited instances where they have acted to protect people from harm at a time when there was no one else to do (...) so. At its core this paper will argue that political hacking can be justified when it is done to protect the vital interests of oneself or others. Moreover, it will also argue that just because hackers are outside the state does not automatically discount them as ethical actors and that when the state fails to protect people – whether it is due to a lack of ability, political will or because the state is the source of the threat – hackers can fill the void. In order to achieve this, first it is necessary to highlight the space for hackers to operate; second, guide hacker activity by creating an ethical framework detailing what actions are justified towards what end; third, to offer mechanisms that can aid in reaching these ethically justified decisions; and as a result, inform further ethical debates on how to react to these political hackers. This means that the framework can be used to both justify and condemn hacking depending on the circumstances, allowing those on the outside to distil and evaluate a political hack, both past and present, while guiding hacker collectives by providing clearer ethical tools for determining the appropriate agendas and methods. (shrink)

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More specifically, (...) they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

AI-supported methods for identifying and combating disinformation are progressing in their development and application. However, these methods face a litany of epistemic and ethical challenges. These include (1) robustly defining disinformation, (2) reliably classifying data according to this definition, and (3) navigating ethical risks in the deployment of countermeasures, which involve a mixture of harms and benefits. This paper seeks to expose and offer preliminary analysis of these challenges.

Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

Most philosophical accounts of human rights accept that all persons have human rights. Typically, ‘personhood’ is understood as unitary and binary. It is unitary because there is generally supposed to be a single threshold property required for personhood. It is binary because it is all-or-nothing: you are either a person or you are not. A difficulty with binary views is that there will typically be subjects, like children and those with dementia, who do not meet the threshold, and so who (...) are not persons with human rights, on these accounts. It is consequently unclear how we ought to treat these subjects. This is the problem of marginal cases. I argue that we cannot resolve the problem of marginal cases if we accept a unitary, binary view of personhood. Instead, I develop a new non-binary personhood account of human rights, and defend two main claims. First, there are many, scalar properties, the having of which are conducive to personhood. Second, different subjects have different human rights depending on which of these properties they have, and what threats apply to them. On my view, and contra most existing accounts, most marginal cases have some degree of personhood and are entitled to some human rights. (shrink)