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)

Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will (...) live in the further future. (shrink)

En el presente escrito intentaré explorar la relación entre dos temas controvertidos: el daño y el problema de la no-identidad. Sostendré la idea de que ninguna tesis plausible del daño puede resolver completamente el problema de la no-identidad. Sin embargo, defenderé que una reformulación de la tesis comparativa contra-fáctica es superior a todas las otras tesis del daño y por tanto debería ser adoptada. | In this paper I tried to explore the relation between two controversial issues: harm and the (...) non-identity problem. I will defend the idea that any harm account cannot fully solve the nonidentity problem. However, I will defend that a reformulation of the counterfactual comparative account is better than all others harm accounts, and therefore should be adopted. (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)

There is widespread intuition that historical injustices require reparations. This paper considers one philosophical problem for reparations: the Nonidentity Objection. The Objection states that present agents are not owed reparations for historical injustices because without the historical injustice they would not exist. I show the Objection only challenges the possibility of reparations for historical injustice if we adopt a particular model of reparative justice that takes someone experiencing harms to be a necessary condition for reparative justice. Instead, if we adopt (...) a different model of reparative justice based on relational wrongdoing, we can avoid the Objection. I defend my solution by considering the Nonidentity Objection in detail. I show that it challenges harm-based models of reparative justice regardless of the account of harm that the Objection uses. And I demonstrate that common objections to wrong-based solutions to the general nonidentity problem do not apply in the case of historical injustice. I conclude by sketching challenges my wrong-based model faces and argue that despite these challenges we ultimately have reason to prefer it over harm-based ones. (shrink)

Most recent attempts at solving the Non-Identity Problem have focused on providing a deontological solution to the problem, often by giving special attention to rights. In this paper, I argue for a solution that focuses on highlighting the morally permissible second-personal reasons and claims that nonidentity victims may have. I use a natural marriage between a Kantian conceptualization of what it means to be free and equal—being one’s own master—and Nussbaum’s Capabilities Approach to identify the rights that all individuals, current (...) and future are assigned. I claim that these rights, or capabilities, are what all are entitled to master for themselves in the Kantian sense. I conclude with a solution that produces intuitively correct results and dissolves the nonidentity problem altogether. (shrink)

I argue that, given certain prominent views of personal identity and prudence, the nonidentity problem, or a very similar problem, can arise postconception. I clarify and defend this claim by considering the implications of these views for prenatal injury.