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)

This article aims to explore the concept of victimless damage. This refers to paradoxical cases where a perpetrator and a moral wrong can be easily identified, but where somehow the role of the victim as such can be questioned. In order to explore this concept, I will first offer a typology of cases that could be labelled under this umbrella concept—namely, cases of deceased victims, biotechnological or no-identity cases, and the ones related to lack of awareness due to epistemic injustice. (...) Then, after highlighting the common traits and discussing some fuzzy cases, I will flesh out the main arguments for and against of the existence of and need for this concept, on the basis of both moral objectivism and subjectivism. In my view, delving into these arguments could shed some light on the metaethical debate on the sine qua non conditions of moral damage and its relation to moral wrongness. Finally, I will conclude by advocating for the need to introduce a gradational concept of moral damage and the second-person perspective into moral philosophy in order to take into account potential cases of victimless damage, but without having to accept the premises of moral realism. (shrink)

Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting (...) hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper, we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached. (shrink)

The practice of giving the wealthy perpetual control of their assets is re-emerging in an era of great wealth inequality, long after it had been banned in common law countries. The philosophical justification for such control rests on the claim that there are posthumous rights to wealth, and that such rights do not extend in problematic way to other goods, such as political suffrage. On the basis of such a claim, we give people freedom of testation, and deem them vulnerable (...) to posthumous harm. I present a short history of legally sanctioned posthumous control of property in common law, and I argue that its philosophical justification is untenable. No principled case for posthumous rights to wealth survives scrutiny, and the large and powerful institutions that enforce such rights are morally illegitimate. (shrink)

If pressed to identify the philosophical foundations of contemporary bioethics, most bioethicists would cite the four-principles approach developed by Tom L Beauchamp and James F Childress,1 or perhaps the ethical theories of JS Mill2 or Immanuel Kant.3 Few would cite Aristotle's metaphysical views surrounding death and posthumous harm.4 Nevertheless, many contemporary bioethical discussions are implicitly grounded in the Aristotelian views that death is a harm to the one who dies, and that persons can be harmed, or wronged, by events that (...) occur after their deaths. The view that death is a harm to the one who dies infuses, for example, the debates over abortion and euthanasia, while the view that persons could be harmed or wronged after their deaths informs much of the debate over, for example, policies for the posthumous procurement of transplant and the ethics of research on the dead.In Death, Posthumous Harm, and Bioethics, I argue that we should reject this cluster of influential Aristotelian thanatological claims, and instead endorse a trio of views that together constitute what I term full-blooded epicureanism: That death is not a harm to the person who dies, and that persons can neither be harmed nor wronged by events that occur after their deaths. …. (shrink)

Since certain temporal aspects of the relation between duties, rights, and the interests that rights protect have not been fully theorized, a puzzle arises when we come to consider whether and how entities such as members of future generations, fetuses, deceased persons, and unconscious persons are able to possess rights. This paper evolves a unified structure for attributing the ability to possess rights to such entities. It demonstrates that while, under any cogent theory of rights-attributions, rights and duties must be (...) strictly contemporaneous, the interests that rights protect need not temporally coincide with those rights. (shrink)

In recent years, philosophers have proposed a variety of accounts of the nature of harm. In this paper, I consider several of these accounts and argue that they are unsuccessful. I then make a modest case for a different view.

I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...) us a way to acknowledge both the intuition that we cannot be harmed after we die and, in a sense, the intuition that things that happen after we die are relevant to our lives. (shrink)

This article questions the assumption, held by several philosophers, that the Epicurean argument for death's being ?nothing to us? must be fallacious since its acceptance would undermine the principle that killing is (in general) wrong. Two possible strategies are considered, which the Epicurean-sympathizer might deploy in order to show that the non-badness of death (for the person who dies) is compatible with killing's being wrong. One of these is unsuccessful; the other is more promising. It involves arguing that the wrongness (...) of killing is a ?basic moral certainty? and hence requires no underpinning by the judgement that death is bad. Problems for this proposal, and possible responses to those problems, are considered. Though the strategy is not decisive, it is deemed to be one that the Epicurean could plausibly adopt. (shrink)

Ravelingien et al have suggested that early human xenotransplantation trials should be carried out on patients who are in a permanent vegetative state (PVS) and who have previously granted their consent to the use of their bodies in such research in the event of their cortical death. Unfortunately, their philosophical defence of this suggestion is unsatisfactory in its current formulation, as it equivocates on the key question of the status of patients who are in a PVS. The solution proposed by (...) them rests on the idea that it should be up to people themselves to determine when they should be treated as dead. Yet the authors clearly believe (and state) that patients who are in a PVS are in fact dead. Finally, given the public good that their proposal is intended to achieve, the moral importance they place on the consent of a person to the use of his or her body in research is ultimately only defensible in so far as this consent represents the wishes of a living person. It is thus only a gentle caricature of their position to suggest that according to their account, consent to participation in xenotransplantation research is a “right of the living dead”. The equivocation by Ravelingien et al on the question of whether these people are living or dead means that they avoid confronting the implications of their argument. The solution proposed by Ravelingien et al to the problem of how we should proceed with xenotransplantation research is therefore not as neat as it first seems to be. (shrink)

In On Certainty, Wittgenstein’s reflections bring into view the phenomenon of basic certainty. He explores this phenomenon mostly in relation to our certainty with regard to empirical states of affairs. Drawing on these seminal observations and reflections, I extend the inquiry into what I call “basic moral certainty”, arguing that the latter plays the same kind of foundational role in our moral practices and judgements as basic empirical certainty does in our epistemic practices and judgements. I illustrate the nature and (...) significance of basic moral certainty via critical examination of contemporary philosophical “explanations” of the wrongness of killing. These pseudo explanations, as I show them to be, will be seen to founder in a similar manner to Moore’s “Proof” of an external world, that is, in a manner that discloses the phenomenon of basic (moral) certainty. (shrink)

Alice Crary claims that “the standard view of the bearing of Wittgenstein's philosophy on ethics” is dominated by “inviolability interpretations”, which often underlie conservative readings of Wittgenstein. Crary says that such interpretations are “especially marked in connection with On Certainty”, where Wittgenstein is represented as holding that “our linguistic practices are immune to rational criticism, or inviolable”. Crary's own conception of the bearing of Wittgenstein's philosophy on ethics, which I call the “intrinsically-ethical reading”, derives from the influential New Wittgenstein school (...) of exegesis, and is also espoused by James Edwards, Cora Diamond, and Stephen Mulhall. To my eyes, intrinsically-ethical readings present a peculiar picture of ethics, which I endeavour to expose in Part I of the paper. In Part II I present a reading of On Certainty that Crary would call an “inviolability interpretation”, defend it against New Wittgensteinian critiques, and show that this kind of reading has nothing to do with ethical or political conservatism. I go on to show how Wittgenstein's observations on the manner in which we can neither question nor affirm certain states of affairs that are fundamental to our epistemic practices can be fruitfully extended to ethics. Doing so sheds light on the phenomenon that I call “basic moral certainty”, which constitutes the foundation of our ethical practices, and the scaffolding or framework of moral perception, inquiry, and judgement. The nature and significance of basic moral certainty will be illustrated through consideration of the strangeness of philosophers' attempts at explaining the wrongness of killing. (shrink)

What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, this paper: provides (...) a conceptual individuation of bequest, drawing a distinction between it and other sorts of property transfer, such as inheritance; shows how the canonical, historical accounts of private property ownership have failed to justify bequest; outlines what any plausible justification of bequest will require, which I argue is an account of the posthumous interests such transfers serve; and concludes by briefly sketching the normative relevance of my justificatory account of the power to bequeath. (shrink)

The notion of self-interest has not received from philosophers of this century the attention it deserves. In this paper, I shall first elucidate the views on self-interest of a philosopher who nourished in the last century. It could be argued that Henry Sidgwick's views on this topic are the most considered in the history of philosophy. I shall then point to a number of misconceptions in his position, and suggest a more satisfactory account. I shall attempt also to solve a (...) problem for this new account with the aid of a Sidgwickian distinction. (shrink)

Recent technical developments in genetictesting has led to a situation where the DNA inpreviously stored tissue samples can beextracted and used for genetic analysis. Thisraises the question of how to decide whether aspecific use of such samples should be allowed.Using the genetic testing of ancient DNA ingeneral, and the DNA of the pharaoh Tutankhamenin particular as examples this paper analysesthe question. It investigates whether ethicalframeworks based on proxy consent, culturalaffiliation, ownership, or the privacy rightsof the dead are appropriate and justifiable (...) inthis context. The conclusion is that frameworksbased on proxy consent, cultural affiliation,and ownership are not very useful. (shrink)

Many people attempt to give meaning to their lives by pursuing projects that they believe will bear fruit after they have died. Knowing that their death will preclude them from protecting or promoting such projects people who draw meaning from them will often attempt to secure their continuance by securing promises from others to serve as their caretakers after they die. But those who rely on such are faced with a problem: None of the four major accounts that have been (...) developed to explain directed promissory obligation (the Authority View, the Trust View, the Assurance View, and the Reliance View) support the view that we are obligated to keep our promises to persons who are now dead. But I will provide hope for those who wish to use such promises to protect the meaning with which they have endowed their lives. I will argue that while we cannot wrong a person who is now dead by breaking a promise made to her during her life, we could wrong the living by so doing. We thus (might) have reason to keep the promises that we made to those who are now dead. (shrink)

_Death, Posthumous Harm, and Bioethics_ offers a highly distinctive and original approach to the metaphysics of death and applies this approach to contemporary debates in bioethics that address end-of-life and post-mortem issues. Taylor defends the controversial Epicurean view that death is not a harm to the person who dies and the neo-Epicurean thesis that persons cannot be affected by events that occur after their deaths, and hence that posthumous harms are impossible. He then extends this argument by asserting that the (...) dead cannot be wronged, finally presenting a defence of revisionary views concerning posthumous organ procurement. (shrink)

While there is increasing pressure on scarce health care resources, advances in medical science have blurred the boundary between life and death. Individuals can survive for decades without consciousness and individuals whose whole brains are dead can be supported for extended periods. One suggested response is to redefine death, justifying a higher brain criterion for death. This argument fails because it conflates two distinct notions about the demise of human beings--the one, biological and the other, ontological. Death is a biological (...) phenomenon. This view entails the rejection of a higher brain criterion of death. Moreover, I claim that the justification of the whole brain (or brain stem) criterion of death is also cast into doubt by these advances in medical science. I proceed to argue that there is no need to redefine death in order to identify which treatments ought to be provided for the permanently and irreversibly unconscious. There are already clear treatment guidelines. (shrink)

Posts on social media platforms like Twitter are sometimes the products of deceptively designed bots. These bots can cause obvious epistemic problems, such as tricking human users into believing the contents of misleading posts. However, less-considered epistemic problems involve false bot judgements where a human user mistakes another human user’s post for a bot-post, or where a human user mistakenly believes that bots are the primary vehicles for tokening certain content on social media. This paper takes up three questions concerning (...) false bot judgements: what exactly are their associated epistemic harms, just how harmful are they, and what should we do about them? (shrink)

First, what constitutes a person's death? It is clear enough that people die when their lives end, but less clear what constitutes the ending of a person's life.

In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...) die Erbschaftssteuer. So wird oft behauptet, diese verletze die natürlichen Eigentumsrechte des Erblassers bzw. des Erben und sie ignoriere zudem die Verdienstansprüche des Erblassers. Schließlich sei die Steuer aus diversen "familien-basierten" Erwägungen abzulehnen. Nicht nur werden diese Einwände erfolgreich zurückgewiesen; ferner wird gezeigt, dass einige der, diesen Argumenten zugrundeliegenden, Prinzipien selbst zur Verteidigung einer egalitären Erbschaftssteuer (also einer Erbschaftssteuer, die aus egalitären Prinzipien folgt) herangezogen werden können. (shrink)

ABSTRACT Accepting the claim that the living have some moral duties with regard to dead bodies, this paper explores those duties and how they bear on the popular travelling exhibition Bodyworlds. I argue that the concept of informed consent presupposes substantial duties to the dead, namely duties that reckon with the meaning of the act in question. An attitude of respect and not regarding human remains as mere raw material are non‐alienable substantial duties. I found the ethos of Bodyworlds premature (...) but full of promises such as public attitudes to organ donations. At the practical level I conclude that Bodyworlds should use only willed donations or unclaimed bodies for which dignified funerals are not available. In the case of live donations, Bodyworlds has a duty to participate in the medical care of needy donors. However, secrecy with regard to the sources of cadavers seems to be the most troublesome aspect of Bodyworlds. (shrink)

This essay focuses on the purported duty—defended by Walter Benjamin but widely assumed in much political theory and practice—of the living to redeem the suffering of those who died as a consequence of oppression, exploitation, and political violence. I consider the cogency and ethical value of this duty from the perspective of a politics grounded in the equal life-value of human beings. For both metaphysical and ethical reasons I conclude that this duty does not obtain, first because the dead cannot (...) experience redemption, and secondly because it is politically counterproductive: it personalizes a pathological form of political resistance which may easily incite further violence and thus perpetuate human suffering and oppression. (shrink)

The question of whether individuals retain interests or can be harmed after death is highly contentious, particularly within the context of deceased organ retrieval, retention and use. This paper argues that posthumous interests and/or harms can and do exist in the Konkomba traditional setting through the concept of ancestorship, a reputational concept of immense cultural and existential significance in this setting. I adopt Joel Feinberg’s account of harms as a setback to interests. The paper argues that a socio-culturally sensitive regulatory (...) framework does not necessarily exclude the donation of human biomaterials for transplant and science research. Indeed, when customary values are explored with open-mindedness and sensitivity it may be shown that such donation can form part of the important customs of some communities in this jurisdiction. Accordingly, a context-appropriate governance framework could utilise the cultural value of ancestorship as an incentive to encourage organ donation in the Ghanaian traditional setting. (shrink)

Clinicians' work depends on sincere and complete disclosures from their patients; they honour this candidness by confidentially safeguarding the information received. Breaching confidentiality causes harms that are not commensurable with the possible benefits gained. Limitations or exceptions put on confidentiality would destroy it, for the confider would become suspicious and un-co-operative, the confidant would become untrustworthy and the whole climate of the clinical encounter would suffer irreversible erosion. Excusing breaches of confidence on grounds of superior moral values introduces arbitrariness and (...) ethical unreliability into the medical context. Physicians who breach the agreement of confidentiality are being unfair, thus opening the way for, and becoming vulnerable to, the morally obtuse conduct of others. Confidentiality should not be seen as the cosy but dispensable atmosphere of clinical settings; rather, it constitutes a guarantee of fairness in medical actions. Possible perils that might accrue to society are no greater than those accepted when granting inviolable custody of information to priests, lawyers and bankers. To jeopardize the integrity of confidential medical relationships is too high a price to pay for the hypothetical benefits this might bring to the prevailing social order. (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...) should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

Most of us, were we faced with a life threatening situation, would try to avoid it; we do not want to die. Yet Lucretius has argued that death can be ‘nothing to us,’ for when death has occurred we don't exist: we can't suffer something if we don't exist.If death can be a misfortune, what is the misfortune suffered, and who suffers it? The misfortune must be suffered by the person who dies, before death has occurred, otherwise – as Lucretius (...) points out – there is no subject to suffer the misfortune. But what kind of misfortune can the misfortune of death be, that a person can suffer it before he or she dies? This question provides the focus of the paper.Our attitudes towards death and life are determined in part by beliefs we have about a variety of things, for example, whether or not there is a life after death. As I shall assume that life ceases at death the attitudes towards death for which I seek explanations will not be universally endorsed; nor are the attitudes towards life, in terms of which the explanations will be given, universally endorsed. My project is not to defend a set of attitudes but to show that the set of attitudes towards life that I consider provide an explanation of a set of attitudes that some people have towards death. (shrink)

Ethical issues are of foremost importance in modern bio-medical science. Ethical guidelines and socio-cultural public awareness exist for modern samples, whereas for ancient mummy studies both are de facto lacking. This is particularly striking considering the fact that examinations are done without informed consent or that the investigations are invasive due to technological aspects and that it affects personality traits. The aim of this study is to show the pro and contra arguments of ancient mummy research from an ethical point (...) of view with a particular focus on the various stakeholders involved in this research. Relevant stakeholders in addition to the examined individual are, for example, a particular researcher, and the science community in general, likely descendents of the mummy or any future generation. Our broad discussion of the moral dilemma of mummy research should help to extract relevant decision-making criteria for any such study in future. We specifically do not make any recommendations about how to rate these decision-factors, since this is highly dependent on temporal and cultural affiliations of the involved researcher. The sustainability of modern mummy research is dependent on ethical orientation, which can only be given and eventually settled in an interdisciplinary approach such as the one we attempt to present here. (shrink)