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.

A popular view of harming is the causal account (CA), on which harming is causing harm. CA has several attractive features. In particular, it appears well equipped to deal with the most important problems for its main competitor, the counterfactual comparative account (CCA). However, we argue that, despite its advantages, CA is ultimately an unacceptable theory of harming. Indeed, while CA avoids several counterexamples to CCA, it is vulnerable to close variants of some of the problems that beset CCA.

Philosophy Compass, Volume 17, Issue 2, February 2022.

Theories of well-being purport to identify the features of lives, and of intervals within lives, in virtue of which some people are high in well-being and others are low in well-being. They also purport to identify the properties that make some events or states of affairs good for a person and other events or states of affairs bad for a person. This article surveys some of the main theories of well-being, with an emphasis on work published since the turn of (...) the century. (shrink)

_ Source: _Volume 14, Issue 1, pp 73 - 87 According to action-relative accounts of harming, an action harms someone only if it makes her worse off in some respect than she would have been, had the action not been performed. Action-relative accounts can be contrasted with effect-relative accounts, which hold that an action may harm an individual in virtue of its effects on that individual, regardless of whether the individual would have been better off in the absence of the (...) action. In this paper, I argue that our judgments about the strength of the reason against harming lend support to effect-relative accounts over action-relative accounts. I first criticize Fiona Woollard’s argument for the claim that an effect-relative account of harming could ground only a weak reason against harming. I then argue for a set of three principles that can be conjoined with an effect-relative account to explain the strength of the reason against harming. (shrink)

Consider a duty of beneficence towards a particular individual, S, and call a reason that is grounded in that duty a “beneficence reason towards S.” Call a person who will be brought into existence by an act of procreation the “resultant person.” Is there ever a beneficence reason towards the resultant person for an agent to procreate? In this paper, I argue for such a reason by appealing to two main premises. First, we owe a pro tanto duty of beneficence (...) to future persons; and second, some of us can benefit some of those persons by procreating. In support of the first premise I reject the presentist account of time in favor of the view that future persons are just as real as presently existing persons. I then argue that future persons are like us in all the morally relevant ways, and since we owe duties of beneficence to each other, we also owe duties of beneficence to future persons. In support of the second premise I offer an account of benefiting according to which an individual can be benefited by an action even if it makes her no better off than she would have been, had the action not been performed. This account of benefiting solves what I call the “non-identity benefit problem.” Finally, I argue that having a life worth living is a benefit, and some of us can cause some persons that benefit by causing them to exist. (shrink)

In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen a (...) flurry of books making “self-help” arguments about how we could live happier, more fulfilling lives if we were less addicted to our phones. But none of these authors see this issue as one involving a moral duty to protect our autonomy. (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 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)

According to various “harm-based” approaches to the non-identity problem, an action that brings a particular child into existence can also harm that child, even if his or her life is worth living. In the third chapter of The Non-Identity Problem and the Ethics of Future People, David Boonin surveys a variety of harm-based approaches and argues that none of them are successful. In this paper I argue that his objections to these various approaches do not impugn a harm-based approach that (...) Boonin does not consider, an approach I call the “existence solution to the non-identity problem.” I also argue that the existence solution is more plausible than Boonin’s own proposed solution. (shrink)

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 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)

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)

Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This paper (...) provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (shrink)

As autonomous systems rapidly become ubiquitous, there is a growing need for a legal and regulatory framework that addresses when and how such a system harms someone. There have been several attempts within the philosophy literature to define harm, but none of them has proven capable of dealing with the many examples that have been presented, leading some to suggest that the notion of harm should be abandoned and “replaced by more well-behaved notions”. As harm is generally something that is (...) caused, most of these definitions have involved causality at some level. Yet surprisingly, none of them makes use of causal models and the definitions of actual causality that they can express. In this paper, which is an expanded version of the conference paper Beckers et al. (Neurips, 2022), we formally define a qualitative notion of harm that uses causal models and is based on a well-known definition of actual causality. The key features of our definition are that it is based on contrastive causation and uses a default utility to which the utility of actual outcomes is compared. We show that our definition is able to handle the examples from the literature, and illustrate its importance for reasoning about situations involving autonomous systems. (shrink)

A number of philosophers have resisted impersonal explanations of our obligation to mitigate climate change, and have developed accounts according to which these obligations are explained by human rights or harm-based considerations. In this paper I argue that several of these attempts to explain our mitigation obligations without appealing to impersonal factors fail, since they either cannot account for a plausibly robust obligation to mitigate, or have implausible implications in other cases. I conclude that despite the appeal of the motivations (...) for rejecting the appeal to impersonal factors, such factors must play a prominent role in explaining our mitigation obligations. (shrink)

Este artículo realiza una defensa de las axiologías centradas en el sufrimiento, que sostienen la prioridad de evitar el sufrimiento frente a la promoción de otros valores. Para ello, explica en primer lugar cómo ciertas cuestiones relativas a la creación de individuos sugieren la existencia de una asimetría entre el sufrimiento y la felicidad. Continúa describiendo un conjunto de argumentos a favor de la prioridad del sufrimiento relativos a individuos ya existentes. Asimismo, señala y responde a distintas objeciones que podrían (...) ser dirigidas contra estas axiologías. Finalmente, concluye que las posiciones centradas en el sufrimiento no están todavía lo bastante exploradas y pueden tener un gran potencial. (shrink)

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

In the last decades, the environmental conditions of our planet have dramatically worsened. Consider that, for instance, due to the enormous increase of human made CO2 emissions (by about 90% since 1970), the planet’s average surface temperature has risen about 1.5 degrees Celsius since the 19th century, with most of this warming occurring in the last 35 years. As many scientists have noticed, this has hastened the melting of the glaciers and therefore brought about a rise in the sea level; (...) e... (shrink)

Though there have been productive interactions between moral philosophers and deontic logicians, there has also been a tradition of neglecting the insights that the fields can offer one another. The most sustained interactions between moral philosophers and deontic logicians have notbeen systematic but instead have been scattered across a number of distinct and often unrelated topics. This chapter primarily focuses on three topics. First, we discuss the “actualism/possibilism” debate which, very roughly, concerns the relevance of what one will do at (...) some future time to what one ought to do at present (§2). This topic is also used to introduce various modal deontic logics. Second we discuss the particularism debate which, very roughly, concerns whether there can be any systematic general theory of what we ought to do (§3). This topic is also used to introduce various non-modal deontic logics. Third, we discuss collective action problems which concern the connection between the obligations of individuals and the behavior and obligations of groups of individuals (§4).This topic is also used to discuss formal systems that allow us to study the relationship between individuals and groups. The chapter also contains a general discussion of the relation between ethical theory and deontic logic (§1) and a brief consideration of other miscellaneous topics (§5). (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)

Many people find the manipulation of the human germline—editing the DNA of sperm or egg cells such that these genetic changes are passed to the resulting offspring—to be morally impermissible. In this paper, I argue for the claim that editing the human germline is morally permissible. My argument starts with the claim that outcome uncertainty regarding the effects of germline editing shows that the duty to not harm cannot ground the prohibition of germline editing. Instead, if germline editing is wrong, (...) it is wrong because it violates a duty to protect. However, we also have an epistemic duty to gather evidence regarding the effects of editing the human germline which overrides any moral duty to protect future generations. Thus, we have a duty to gather evidence regarding the effects of editing the human germline, which is to say that we have a duty to edit the human germline. (shrink)

This paper offers a unified explanation for the procreation asymmetry and the non-identity thesis – two of the most intractable puzzles in population ethics. According to the procreation asymmetry, there are moral reasons not to create lives that are not worth living but no moral reasons to create lives that are worth living. I explain the procreation asymmetry by arguing that there are moral reasons to prevent the bad, but no moral reasons to promote the good. Various explanations for the (...) procreation asymmetry have failed to explain the non-identity thesis: if one could create a person with a good life or a different person with a better life, one has a moral reason to create the better life. I argue that reflections on the misfortune of unfulfilled potential allow us to circumvent the non-identity problem. (shrink)

In this paper, I will be primarily concerned with moral issues regarding future people and the environment. When it comes to the future, we have deontological and epistemic limitations. The closer to the present, the higher the certainty and the knowledge we have about facts. Thus, when we intend to find moral clarity regarding a future scenario, we deal with an inverse relation between certainty and time. The main problem is that most ways of dealing with moral issues about future (...) scenarios do not address this relation, and rather focus on things that seem to simplify and clarify the uncertainties of the future. In response to this, I propose a different approach, one that operates neutrally and timelessly dealing with the uncertainties of the future while providing moral groundings that can help to clarify the future’s state of moral vagueness. (shrink)

A number of philosophers argue for a Two-Tier View: that there is some difference between individual-affecting and non-individual-affecting choices. But it is challenging to know the degree of moral difference, and to determine for some cases into which category they fall. I refer to this as the “Two Tier Problem.” In this paper, I develop and defend a “Two-Tier Deontic View.” On that view, the higher tier applies to a subset of individual-affecting cases. We have stronger reason to bring about (...) an individual-affecting rather than a non-individual-affecting benefit, but only in cases where we have agent-relative duties to the individuals so affected. In other cases (and I argue that this applies to most policy decisions affecting reproduction) there is no moral difference between individual- and non-individual-affecting choices. (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 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)

This thesis is about the moral reasons we have to do less than best. It consists of six chapters. Part I of the thesis proposes, extends, and defends reasons to do less than best. In Chapter One (“The Conditional Obligation”) I outline and reject two recent arguments from Joe Horton and Theron Pummer for the claim that we have a conditional obligation to bring about the most good. In Chapter Two (“Agglomeration and Agent-Relative Costs”) I argue that agent-relative costs can (...) justify permissions to less than best in a far greater range of decisions contexts than we currently believe. In Chapter Three (“Risk and Aggregation”) I discuss how anti-aggregative moral theories deal with risk, whilst proposing an argument in favour of ex-post moral theories. -/- In Part II of the thesis, I discuss longtermism, presenting a series of reasons to believe we have both significant permissions and obligations to prioritise those in the short-term. In Chapter Four (“Listening to Future People”) I criticise a recent argument presented by Andreas Mogensen for the claim we cannot have obligations grounded in the wellbeing of future people. I then show that, even permitting the existence of obligations to future people, we still have significant reasons to resist longtermism on the grounds of partiality. In Chapter Five (“The Complaints of Future People”) I argue that scepticism about aggregation is inconsistent with an obligation, or indeed even a permission, to help far future people. In Chapter Six (“Leaving the Present Behind”) I explore the moral significance of “dooming”, whilst arguing that we have a pro tanto reason of fairness to prioritise aiding those currently in existence. (shrink)

Since the 1980’s, surrogacy has become a popular reproductive alternative for individuals experiencing infertility. The ethical and legal analyses of surrogacy have been rich and varied. Some bioethicists have charged the commercial surrogacy industry with the exploitation of global southern women or with the impermissible commodification of children and women’s reproductive capacities. Others have praised the potential for economic empowerment and bodily autonomy that surrogacy may accord to women. However, throughout these explorations of the ethics of surrogacy, comparatively little attention (...) has been paid to the moral status of a crucial actor: the fertility doctor. Without doctors willing to provide prenatal and postnatal care to surrogates and make use of assisted reproductive technologies (ARTs), commercial surrogacy would not take place. Yet, doctors’ involvement in surrogacy is far from morally neutral. In my thesis, I aim to explore what duties doctors have in the context of commercial surrogacy. To do so, I take up the framework of fiduciary obligation. I argue that doctors have fiduciary obligations to surrogates, and that these obligations shape if and when doctors can ethically facilitate surrogacy. My thesis is divided into four chapters. The first defends the view that the doctor-patient relationship is fiduciary in nature. The second chapter extends this view to the realm of commercial surrogacy, arguing that doctors also owe the surrogates they treat fiduciary obligations. The third chapter addresses a challenge posed by my view, namely that surrogacy seems to place doctors in positions where they constantly face conflicts of interest, and are therefore unable to uphold their fiduciary duty of loyalty to surrogates. I address this concern by arguing that conflicts of interest are not inherent in surrogacy, but that surrogacy arrangements must be substantially rethought in order to safeguard the doctor-surrogate fiduciary relationship. The final chapter considers the obligations doctors have to the children they help create through surrogacy and through assisted reproduction more generally. (shrink)