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The moral significance of risking

Legal Theory 18 (3):339-356 (2012)

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  1. Intergenerational justice.Lukas Meyer - 2008 - Stanford Encyclopedia of Philosophy.
    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 (...)
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  • Is the Cure Worse than the Disease? The Ethics of Imposing Risk in Public Health.Diego S. Silva & Maxwell J. Smith - 2023 - Asian Bioethics Review 15 (1):19-35.
    Efforts to improve public health, both in the context of infectious diseases and non-communicable diseases, will often consist of measures that confer risk on some persons to bring about benefits to those same people or others. Still, it is unclear what exactly justifies implementing such measures that impose risk on some people and not others in the context of public health. Herein, we build on existing autonomy-based accounts of ethical risk imposition by arguing that considerations of imposing risk in public (...)
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  • Justice and Chances.Re'em Segev - 2018 - Journal of Social Philosophy 49 (2):315-333.
    According to a common view, in a case involving an indivisible good and several potential beneficiaries, who are equal in every relevant respect, there is a non-instrumental reason to allocate the benefit in a way that gives each an equal chance to receive the benefit. In this paper, I argue that this view is incompatible with several plausible and widely held assumptions. I emphasize especially the assumption that the distributive role of chances is secondary to that of benefits in an (...)
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  • Zur Ethik (intergenerationeller) Risikoauferlegung.Fabian Schuppert - 2017 - Jahrbuch für Wissenschaft Und Ethik 21 (1):171-196.
    Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 21 Heft: 1 Seiten: 171-196.
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  • Defending the Kratzerian presuppositional error theory.Elliot Salinger - 2021 - Analysis 81 (4):701–709.
    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 (...)
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  • Can a risk of harm itself be a harm?Thomas Rowe - 2022 - Analysis 81 (4):694-701.
    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 (...)
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  • The Morality of Compensation through Tort Law.Diego M. Papayannis - 2023 - Ratio Juris 36 (1):3-25.
    In this paper, I will focus on the normative structure of tort law. Only by elucidating the point or rationale of holding the wrongdoer responsible to the victim can we understand the value of having tort law instead of establishing other mechanisms of redress, such as a social insurance scheme. Ultimately, I will argue that the value of interpersonal justice, which underlies tort law, might not suffice to fully justify it in a given community. It all depends on whether victims (...)
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  • On the Harm of Imposing Risk of Harm.Kritika Maheshwari - 2021 - Ethical Theory and Moral Practice 24 (4):965-980.
    What is wrong with imposing pure risks, that is, risks that don’t materialize into harm? According to a popular response, imposing pure risks is pro tanto wrong, when and because risk itself is harmful. Call this the Harm View. Defenders of this view make one of the following two claims. On the Constitutive Claim, pure risk imposition is pro tanto wrong when and because risk constitutes diminishing one’s well-being viz. preference-frustration or setting-back their legitimate interest in autonomy. On the Contingent (...)
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  • Dominating Risk Impositions.Kritika Maheshwari & Sven Nyholm - 2022 - The Journal of Ethics 26 (4):613-637.
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  • Anton's Game: Deontological Decision Theory for an Iterated Decision Problem.Seth Lazar - 2017 - Utilitas 29 (1):88-109.
    How should deontologists approach decision-making under uncertainty, for an iterated decision problem? In this paper I explore the shortcomings of a simple expected value approach, using a novel example to raise questions about attitudes to risk, the moral significance of tiny probabilities, the independent moral reasons against imposing risks, the morality of sunk costs, and the role of agent-relativity in iterated decision problems.
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  • A Right against Risk-Imposition and the Problem of Paralysis.Sune Holm - 2016 - Ethical Theory and Moral Practice 19 (4):917-930.
    In this paper I examine the prospects for a rights-based approach to the morality of pure risk-imposition. In particular, I discuss a practical challenge to proponents of the thesis that we have a right against being imposed a risk of harm. According to an influential criticism, a right against risk-imposition will rule out all ordinary activities. The paper examines two strategies that rights theorists may follow in response to this “Paralysis Problem”. The first strategy introduces a threshold for when a (...)
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  • The Contribution of Security to Well-being.Jonathan Herington - 2019 - Journal of Ethics and Social Philosophy 14 (3).
    Do unknown and unrealized risks of harm diminish an individual’s well-being? The traditional answer is no: that the security of prudential goods benefits an individual only instrumentally or by virtue of their subjective sense of security. Recent work has argued, however, that the security of prudential goods non-instrumentally benefits an individual regardless of whether or not they enjoy subjective security. In this paper, I critically examine three claims about the way in which unknown and unrealized risks of harm might diminish (...)
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  • Please Wear a Mask: A Systematic Case for Mask Wearing Mandates.Roberto Fumagalli - forthcoming - Journal of Medical Ethics.
    This paper combines considerations from ethics, medicine and public health policy to articulate and defend a systematic case for mask wearing mandates. The paper argues for two main claims of general interest in favour of these mandates. First, mask wearing mandates provide a more effective, just and fair way to tackle the ongoing COVID-19 pandemic than policy alternatives such as laissez-faire approaches, mask wearing recommendations and physical distancing measures. And second, the proffered objections against mask wearing mandates may justify some (...)
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  • Neglecting Others and Making It Up to Them: The Idea of a Corrective Duty.Giulio Fornaroli - 2023 - Legal Theory 29 (4):289-313.
    I aspire to answer two questions regarding the concept of a corrective duty. The first concerns what it means to wrong others, thus triggering a demand for corrections (the ground question). The second relates to the proper content of corrective duties. I first illustrate how three prominent accounts of corrective duties—the Aristotelian model of correlativity, the Kantian idea that wronging corresponds to the violation of others’ right to freedom, and the more recent continuity view—have failed to answer the two questions (...)
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  • Risk imposition and freedom.Maria P. Ferretti - 2016 - Politics, Philosophy and Economics 15 (3):261-279.
    Various authors hold that what is wrong with risk imposition is that being at risk diminishes the opportunities available to an agent. Arguably, even when risk does not result in material or psychological damages, it still represents a setback in terms of some legitimate interests. However, it remains to be specified what those interests are. This article argues that risk imposition represents a diminishment of overall freedom. Freedom will be characterized in empirical terms, as the range of unimpeded actions available (...)
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  • Present Risks, Future Lives: Social Freedom and Environmental Sustainability Policies.Maria Paola Ferretti - 2023 - The Journal of Ethics 27 (2):173-190.
    One topic of growing interest in the debate on intergenerational justice is the duty to respect the freedom of future generations. One consideration in favor of such a duty is that the decisions of present generations will affect the range of decisions that will be available to future people. As a consequence, future generations’ freedom to direct their lives may be importantly restricted such that present generations can be seen as taking future people’s lives into their hands and disempowering them. (...)
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  • Increasing the risk that someone will die without increasing the risk that you will kill them.Thomas Byrne - 2022 - Philosophy and Phenomenological Research 107 (2):395-412.
    I consider cases where you increase the risk that, e.g., someone will die, without increasing the risk that you will kill them: in particular, cases in which that increasing of risk is accompanied by a decreasing of risk of the same degree such that the risk imposition has been offset. I defend the moral legitimacy of such offsetting, including carbon-offsetting.
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  • ‘But You Could Have Hurt Me!’: Risk and Harm.Joseph Bowen - 2022 - Law and Philosophy 41 (4):517-546.
    This paper answers two questions. First, on the assumption that risk of harm is of moral significance, does risk’s moral significance lay in its being harmful? Second, is risk of harm itself harmful? I argue that either risk is not harmful or that risk is harmful only in a small range of cases. If risk is not harmful, and yet risk is of moral significance, risk’s moral significance cannot lie in its being harmful. And if risk is harmful only in (...)
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  • Risking Civilian Lives to Avoid Harm to Cultural Heritage?William Bülow - 2020 - Journal of Ethics and Social Philosophy 18 (3).
    This paper investigates the circumstances under which it is morally permissible to impose non-negligible risks of serious harm on innocent civilians in order not to endanger tangible cultural heritage during armed conflict. Building on a previous account of the value of cultural heritage, it is argued that tangible cultural heritage is valuable because of how it contributes to valuable and meaningful human lives. Taking this account as the point of departure I examine the claim that commanders should be prepared to (...)
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  • Sparing Civilians.Seth Lazar - 2015 - Oxford, GB: Oxford University Press UK.
    Killing civilians is worse than killing soldiers. If any moral principle commands near universal assent, this one does. Few moral principles have been more widely and more viscerally affirmed. And yet, in recent years it has faced a rising tide of dissent. Political and military leaders seeking to slip the constraints of the laws of war have cavilled and qualified. Their complaints have been unwittingly aided by philosophers who, rebuilding just war theory from its foundations, have concluded that this principle (...)
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  • Probability, normalcy and the right against risk imposition.Martin Smith - forthcoming - Journal of Ethics and Social Philosophy.
    Many philosophers accept that, as well as having a right that others not harm us, we also have a right that others not subject us to a risk of harm. And yet, when we attempt to spell out precisely what this ‘right against risk imposition’ involves, we encounter a series of notorious puzzles. Existing attempts to deal with these puzzles have tended to focus on the nature of rights – but I propose an approach that focusses instead on the nature (...)
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