Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.

In this article, I explore the relationship between the supersession thesis and the rights of future people. In particular, I show that changes in circumstances might supersede future people’s rights. I argue that appropriating resources that belong to future people does not necessarily result in a duty to return the resources in full. I explore how these findings are relevant for climate change justice. Assuming future generations of developing countries originally had a right to use a certain amount of the (...) carbon budget, changing circumstances could result in rights-supersession. Consequently, members of future generations of industrialized countries may be allowed to use part of the share of the carbon budget belonging to developing countries. (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...) Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

Many are committed to the idea that the present generation has obligations to future generations, for example, obligations to preserve the environment and certain natural resources for those generations. However, some philosophers want to explain why we have these obligations in terms of correlative rights that future persons have against persons in the present. Attributing such rights to future persons is controversial, for there seem to be compelling arguments against the position. According to the “nonexistence” argument, future persons cannot have (...) rights (and so should not be attributed rights) because they do not exist. According to the “no-satisfaction” argument, future persons cannot have a right to resources that do not exist at the time of their existence because such a right could not, in principle, be satisfied. In this paper, I will argue that an eternalist ontology of time provides the resources for satisfactorily responding to both the nonexistence and the no-satisfaction arguments. (shrink)

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The main ground for rejecting (...) the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (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)

A theory of intergenerational justice consists in the study of the moral and political status of the relations between present and past or future people, more specifically, of the obligations and entitlements they can potentially generate. The challenges that justify talking about responsibilities between generations are myriad. And the disputes they prompt can focus on the past just as much as on the present, even though the fact that the human species has reached a state of technological progress that enables (...) it to have an irredeemable impact on the planet and perhaps even endanger future human existence tends to make concerns about the future more pressing. Debates on intergenerational justice are twofold. The first revolves around the issue of whether claims of justice across generations whose members' lifetimes do not necessarily overlap could be justified. And the second revolves around the specific conception of justice in play, that is, around the nature of the standard that must be applied as well as around the identification of the contents of the duties that present generations supposedly have vis-à-vis past or future generations. This survey article depicts the conceptual and argumentative framework in which these debates are set. It aims to outline certain of the main features shared by the most influential contemporary theories of intergenerational justice, and the problems inherent in them. It concludes by suggesting that, even though the idea of succeeding generations is merely an abstraction, there are specific empirical states of affairs that require different theoretical responses to intergenerational justice. (shrink)

Recent decades have seen a considerable and progressive increase in historical claims. Within the context of colonialism criticism, but also outside this sphere, numerous politicians, collectives and intellectuals have emerged to denounce certain acts of the past, demanding recognition and repentance that would compensate for these past affronts. In this article we will analyze one of these cases: the demand for an apology from Spain and the Vatican by the President of Mexico, López Obrador. Taking as a guide the debate (...) around the ethical problem of non-identity, we will see what ethical and metaphysical assumptions serve as the basis for these claims. We will also assess whether the claims of the so-called «historical victims» are consistent and ethically acceptable. (shrink)

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)

In this paper, I defend the view that within a rights-based ethical framework, the moral status of future generations is best understood as that of present rightsholders. I argue that in this way it can be justified that we have obligations towards future generations. This justification in turn is of great relevance for many issues in moral theory and applied ethics. In the first part of the paper, I argue that the fact that future persons will have rights in the (...) future cannot fully account for present obligations. The missing link in this argument cannot be provided by approaches that infer those obligations mediately. In the second part of the paper, I argue that existing is not a necessary condition for being a rightsholder. First, our own future selves should be said to have rights even though they do not exist at present. Second, even at present, uncertainty challenges the relationship between rightsholders and obligation bearers: often enough, obligations depend on presuppositions or suspicions about other persons’ existence. In light of these cases, we should conceive of rightsholders as place holders, that is, sets of (actual) individuals whose existence or identity can be unknown or indetermined, with specific properties. Therefore, future generations can coherently be said to have rights now that correspond to our present obligations towards them. (shrink)

This paper considers the prospects for a theory of intergenerational rights in light of certain ontologies of time. It is argued that the attempt to attribute rights to future persons or obligations to present persons towards future persons, faces serious difficulties if the existence of the future is denied. The difficulty of attributing rights to non-existent future persons is diagnosed as a particularly intractable version of the ‘problem of cross-temporal relations’ that plagues No-Futurist views like presentism. I develop a version (...) of the problem of cross-temporal relations regarding cross-temporal normative relations. I then consider and reject various solutions to the problem available to No-Futurists. The upshot of the discussion is that which ontology of time we choose sets constraints on the kinds of explanations we may offer for our future-directed obligations. (shrink)

It appears to have been established that it is not possible for us to harm distant future generations by failing to adopt long-range welfare policies which would conserve resources or limit pollution. By exploring a number of possible worlds, the present article shows, first, that the argument appears to be at least as telling against Aristotelian, rights-based and Rawlsian approaches as it seems to be against utilitarianism, but second, and most importantly, that it only holds if we fail to view (...) moral agents as individuals. The article also concludes that the argument has profoundly counter-intuitive implications. (shrink)

The moral status of future persons is problematic. It is often claimed that we should take the interests of the indefinite unborn very seriously, because they have a right to a decent life. It is also claimed (often by the same people) that we should allow unrestricted access to abortion, because the indefinite unborn have no rights. In this paper I argue that these intuitions are not in fact inconsistent. The aim is to provide an account of trans-temporal concern which (...) resolves the prima facie inconsistency between commonly held intuitions about our obligations to future persons. I argue that our intuitions can be reconciled provided that we explicate obligations to the future in terms of impersonal principles subject to retroactive person-affecting constraints. (shrink)

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (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)

It is widely recognised that we hold certain moral obligations to future generations. Robert Elliot argues that we can base these obligations on the rights of future people. I accept his argument that future people are moral agents who possess rights. However, I argue that the main question for political and moral philosophers is whether it is possible to find the balance between the obligations to, and the rights of, contemporaries, and the obligations to, and the rights of, future people. (...) By analysing the notions of 'human rights' and 'welfare rights' of future people, I argue that this question can be tackled only in terms of welfare rights. But the latter make sense only in the context of community of provision. This implies that we must first examine the 'trans-generational' community that includes contemporaries and future generations. Thus a theory of justice between generations cannot be purely 'rights-based'. However, by describing the 'trans-generational community' I argue that it can serve as the moral grounds for our obligations to future generations. (shrink)

This paper is concerned with the examination of Caspar Hare's de dicto approach to the non-identity problem and specifically the non-identity case of The Inconsiderate Mother. On the de dicto approach an act can be wrong if it makes things de dicto worse for a role, even if that act does not make things worse for any actual person that fills that role. In this paper I provide a brief overview and reconstruction of Hare's argument. I argue that objections to (...) Hare's arguments due to David Wasserman do not give us reason to dismiss the de dicto approach. Lastly I consider an objection to the effect that Hare's solution to the non-identity problem is ad hoc. I conclude that the de dicto approach faces some challenges but that we cannot readily dismiss it. (shrink)

Transhumanism at once embodies our most modern thinking and our biggest longstanding problems. Transhumanism aims to enhance human core capacities: health-span, lifespan, and cognition. The thesis answers the following ethical challenges arising from transhumanist aims. First, whether transhumanism can be an ethical endeavour if it relies on authoritarian intervention by governments and governing bodies to change, generate and enforce behaviour, or to influence and enforce the uptake of medical procedures. Second, the thesis answers the challenge that it is unethical deliberately (...) to encourage the uptake of and pursuit of medical transhumanism given the extent of accessibility and distributive issues that remain unresolved in existing medicine. Finally, the thesis addresses a particular mental health crisis that is often predicted for transhuman beings, namely loss of meaning from loss of death and vulnerability, resulting in widespread loss of social cohesion. The thesis argues that the right solution to the first two problems is a libertarian paternalist approach, viz. nudging, and that this approach will also neutralise the risk of widespread and inevitable boredom or alienation that might otherwise result from the widespread introduction of human enhancement if people are nudged to engage more and more reflectively in their enhancement choices. Additionally, lifestyle issues like obesity, heart disease, cancers, and inaccessibility of vaccines and birth control pose unresolved problems for existing general medicine, killing millions every year worldwide. As a result, another serious challenge for enhancement medicine, which I propose would be addressed by the nudge approach, is to justify its place in the professional domain of medicine. (shrink)

This thesis explores the relationship between rights-based moral systems and climate change. It argues that supporters of rights-based moralities must give the realisation of rights priority over non-rights-based moral concerns. It further contends that future persons cannot possess rights that would place current persons under correlative duties towards them before their conception. The thesis then highlights that climate change will need to be combatted through programmes of adaptation and mitigation. Unfortunately, the majority of those protected by such programmes will be (...) future persons. It is therefore argued that rights-based moralities struggle to endorse – and might even actively oppose – the imposition by states of extensive programmes of adaptation and mitigation. Such programmes actively and directly restrict the realisation of the rights of many current persons. Even if this were not the case, supporters of rights are unable to justify the kind of spending that would be needed to finance those aspects of adaptation and mitigation which aim to benefit future persons while the fundamental rights of a great many current persons go unmet due to a lack of funds. As a result, rights-based moralities must justify climate burdens solely through reference to current persons. It is argued that, in the case of Interest- and Choice-based theories of rights, this would encourage an increase in emissions through the implication that pollution was permissible provided adaptation burdens were met. Alternatively, support for a rights-based morality akin to that put forward by Robert Nozick would enable us to implement mitigation, but the system’s disavowal of positive rights would simultaneously cause excessive harm to the wellbeing of many. The inability of rights-based moralities to deal with climate change in an effective and ethical manner leads us to question their legitimacy more generally. (shrink)

ABSTRACT According to Avner de‐Shalit, our relationship with future generations is one of obligation based on welfare rights, not on basic human rights. This is because welfare rights derive from a shared community, and because we and future generations are members of the one ‘transgenerational’community. I argue that although it is correct to ground our relations to possible future people in the concept of community, it is wrong to think that rights‐talk of any kind is an adequate articulation of that (...) sense of community. To present the issue of our relationship with future generations in terms of a choice between human rights and welfare rights misrepresents the nature of reasoning on these sorts of concerns. In a properly developed communitarian position there is a model of philosophical reasoning that can better articulate and interpret our intuitions about community in general and about our relations to potential future people in particular. Furthermore, such articulations can give those intuitions persuasive force. (shrink)