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 paper develops a future-oriented and person-centred normative argument based on expectancies that is immune to most of the problems identified in the rights of future persons. The argument unfolds in four parts. The first draws on the notion of expectancies present in inheritance law and maintains that it is possible to formulate a rule of prospective beneficiaries that correlates with entitlements and legitimate claims without necessarily acquiring the status of rights. The second extends expectancies to future persons and concludes (...) that the latter can be considered present holders of such currently binding entitlements. The third section raises the question of whether democracies are bound to a principle of fidelity towards expectancies in such a way that outweighs current people’s rights in cases of conflicts. The response does not prove particularly future-beneficial in such cases. However, section four clarifies why expectancies still carry a crucial moral weight in democracies, one that is not sufficiently established by depersonalised forms of future-oriented ethics. (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)

Abstract More than some other fields of ethics, climate ethics is related to pressing real-world problems. Climate ethicists have a responsibility to be precise about the status of the problems they discuss. The non-identity problem (NIP) plays are a prominent role in the climate ethics literature. In a widely discussed statement, Derek Parfit claimed that a risky climate policy is not harmful for (distant) future people. But this ignores the “insignificant-causal-factors rejoinder”. The Parfitian assertion is still treated as serious problem (...) to theories of climate justice in key philosophical texts, and this may mislead climate policy decision-makers. Philosophers should acknowledge that the NIP, when applied to climate change, is “just” a thought experiment and should communicate it in this way to people outside the philosophical community. (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)

I develop a theodicy (Non-Identity Theodicy) that begins with the recognition that we owe our existence to great and varied evils. I develop two versions of this theodicy, with the result that some version is available to the theist regardless of her assumptions about the existence and nature of free will. My defense of Non-Identity Theodicy is aided by an analogy between divine creation and human procreation. I argue that if one af rms the morality of vol- untary human procreation, (...) one should af rm the morality of divine creation; conversely, deny- ing the morality of divine creation commits one to denying the morality of human procreation. (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)

The settlements surrounding the Exxon Valdez oil spill prove to be an interesting case of retributive and corrective justice in regard to damage to the ecology of the commons, particularly in light of the recent Deepwater Horizon spill in the Gulf of Mexico. After reviewing the harm done to the ecology of Prince William Sound by the spill, and an account of Exxon Corporation’s responsibility, I examine the details of the litigation, particularly the Supreme Court decision in this matter. In (...) the early settlement, there is a clear disproportion between damage awards to plaintiffs representing the current economic users of Prince William Sound versus the trustees for the Sound’s commons. I argue that the disproportion reveals not only a thoroughly economic understanding of ecological commons, but bias in the treatment of its current economic users, as opposed to an understanding of such ecologies as true commons shared over generations. I argue that such biases fail reasonable moral tests and do not stand up to common principles of retributive justice. I end by suggesting a legal maneuver to correct such tendencies. (shrink)

If it is within our power to provide a significantly better world for future generations at a comparatively small cost to ourselves, we have a strong moral reason to do so. One way of providing a significantly better world may involve replacing our species with something better. It is plausible that in the not‐too‐distant future, we will be able to create artificially intelligent creatures with whatever physical and psychological traits we choose. Granted this assumption, it is argued that we should (...) engineer our extinction so that our planet's resources can be devoted to making artificial creatures with better lives. (shrink)

The aim of this investigation is to answer the question of why it is prima facie morally wrong to cause or contribute to the extinction of species. The first potential answer investigated in the book is that other species are instrumentally valuable for human beings. The results of this part of the investigation are that many species are instrumentally valuable for human beings but that not all species are equally valuable in all cases. The instrumental values of different species also (...) have to compete with other human values. Sometimes these other values probably outweigh the value of the continued existence of the species. In general the degree of uncertainty is very high and the precautionaty principle is recommended to deal with these uncertainties. We also found that we have a duty to consider the interests of future generations of human beings and that these duties, in general, speak in favour of preservation. Anthropocentric instrumentalism therefore provides us with rather strong reasons to consider many cases of human caused extinction as prima facie morally wrong. Even so, anthropocentric instrumentalism does not fully account for the moral intuition we set out to investigate. The next potential answer that is investigated in the book is that species have a moral standing in their own right. The result of this part of the investigation is that this idea is highly unlikely, in particular because species cannot have any interests to consider. Anotgher potential answer is that species have intrinsic value in some other meaning that does not imply moral standing. We concluded that it is possible to be subjectively valued as an end and that many species have properties that make them highly suitable for being valued as ends by human beings. Finally, we found that our contributions to the extinction of species in most cases frustrate the interests of many non-human sentient beings. This is true if the species in question is made up of sentient individuals, and it is also true when the species in question is made up of non-sentient individuals that have instrumental value for sentient individuals of other species. There are exceptions to this rule, but all in all it seems that the inclusion of non-human sentient individuals together with us humans as moral objects, in most cases, tip the scale drastically in favour of preservation. The main result of the investigation is that there is not one but several explanations to why it is prima facie morally wrong to contribute to the extinction of species – and all of them are about duties to respect the interests of individual sentient animals, including human beings. (shrink)

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will take what I call (...) the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

The book contains the first part of an investigation aimed at finding out why it is morally wrong to cause species to go extinct. That it is morally wrong seems to be a very basic and widely held intuition. It seems reasonable that a moral theory worth taking seriously ought to be able to account for that intuition. The most common attempt to answer our question is to refer to the instrumental value of the species for human beings – the (...) anthropocentric instrumental approach as I have chosen to call it. This is the answer that is discussed in this book. We have found many ways in which different species have instrumental value for human beings – both individually and as a part of ecosystems and of biodiversity in general. We could not guarantee however that this includes all species. In some cases, it also turned out that the instrumental value of the species in fact favours exploitation maybe even as far to the extinction of the species. We also noticed that there is no guarantee that the instrumental value of the species can always outweigh the competing values that we would gain by different encroachments that contribute to the extinction of the species. We found however that there are some special circumstances that help push the scale in the direction of preservation. I am thinking of some particular types of value such as choice value and transformation value – values that in general seem to favour preservation of species. This principle shows us that it would be rational from an anthropocentric instrumental vantage point to rule in favour of preservation in many of the cases where we are uncertain about the value of the species, about the best way of utilising the value, or about the connection between the species and other species or biodiversity in general. I am finally thinking of the moral principle that we have duties to consider the future interests of generations to come. We found that with a few exceptions it is justified to adopt such a principle. This in combination with the principles of precaution ought in general to urge us not to cause the extinction of species unless we have very trustworthy evidence that they will not turn out to be more valuable alive to future generations in comparison to what we can get from driving them to extinction. In relation to the discussion about the value of other species for human beings, it is worth noticing that all the arguments we have found in favour of preservation would be even stronger – and therefore account even better for the intuition that it is at least prima facie wrong to cause extinction – if we also accepted that other entities than human beings can have moral standing. Finally, we noticed that our moral intuitions strongly indicate that even in the cases where the instrumental value of other species for human beings talks in favour of preservation, there is still something lacking. Something we have to account for in order to totally account for our moral intuition against extinction. The conclusion will have to be that anthropocentric instrumentalism is in favour of preservation in many cases – probably in more cases than is generally acknowledged – but that it is not enough to give a complete account of the intuition that it is prima facie morally wrong to contribute to the extinction of species. We therefore have to continue our search for such an account. (shrink)

As the increasing loss of ecosystem services severely affects life perspectives of today's poor and future populations, governing access to, and use of, ecosystem services in an intragenerational and intergenerational just way is an urgent issue. The author argues that theories of distributive justice should consider the distribution of access rights to ecosystem services. Three specific demands that a theory of distributive justice should fulfill to adequately cope with the distribution of access rights to ecosystem services, and show that Rawls??A (...) Theory of Justice? can be consistently extended to meet the identified demands. (shrink)

The actions and decisions taken by the present generation will affect not only the welfare but also the composition of future generations. A number of authors have used this fact to bolster the conclusion that the present is only weakly obligated to provide for future welfare since in choosing between futures of poverty and abundance, we are not deciding the welfare of a well-defined group of future persons but instead deciding which set of potential persons – the poor or the (...) rich – will become actual. Provided that future generations have lives that are worth living, they will be grateful to us for bringing them into existence – or so the argument goes. In this paper, I argue that this position overlooks an important aspect of the intergenerational problem. We are obligated to provide for the actual children of today, who will in turn be obligated to provide for their children, and so forth from generation to generation. A chain of obligation is thus defined that stretches from the present into the indefinite future, and unless we ensure conditions favourable to the welfare of future generations, we wrong our existing children in the sense that they will be unable to fulfill their obligation to their children while enjoying a favourable way of life themselves. (shrink)

On the basis of our apparent obligations to future generations, it would seem that we are morally obliged to reduce the risk our environmentally destructive behaviour poses for their well-being. But if, rather than choosing to destroy the environment, we are in fact driven to do so, then any obligation to reduce our environmental impact requires an understanding of the mechanism driving our behaviour. This article argues that the State-Primacy Theory provides a plausible explanation for the nature of that mechanism, (...) and concludes that the most common strategies offered as a response to our environmental impact are most likely to be insufficiently radical to meet our seeming obligations effectively. (shrink)

In his impressive paper, John Nolt argues that the average American is harming future people. Yet people can only be harmed if they could have been unharmed. Nolt recognises this when...

Granted the far-flung impacts of humanity on the future and the biosphere, Hans Jonas has rightly called for our responsibilities to be reconceptualised, and where responsibilities are non-reciprocal Chris Groves has put forward a model of the ethics of care to underpin them. In view, however, of Derek Parfit's work on responsibilities with regard to the possible but unidentifiable people of alternative possible futures, the author suggests that an ethical model grounded in relations, while helpful, is insufficient with regard to (...) these impersonal responsibilities, and is not sufficiently strengthened by resorting to 'constitutive value'. To meet the need for further models, he first presents two familiar ones (those of bequests or legacies and of stewardship or trusteeship), and then a new model appropriate for responsibilities towards unidentifiable parties, based on hospitality and generosity, and Jesus' parable of the great banquet as in Luke 14. This model also has its shortcomings, but could, alongside the others, assist people to take non-reciprocal responsibilities seriously. (shrink)

The way our decisions and actions can affect future generations is surrounded by uncertainty. This is evident in current discussions of environmental risks related to global climate change, biotechnology and the use and storage of nuclear energy. The aim of this paper is to consider more closely how uncertainty affects our moral responsibility to future generations, and to what extent moral agents can be held responsible for activities that inflict risks on future people. It is argued that our moral responsibility (...) to posterity is limited because our ability to foresee how present decisions and activities will affect future people is limited. The reason for this is primarily that we are in a situation of ignorance regarding the pace and direction of future scientific and technological development. This ignorance reduces our responsibility in a temporal dimension because in most areas it is impossible to predict the interests and resource needs of future generations. In one area, however, we have fairly reliable knowledge about future people. It is reasonable to assume that future human beings will have the same basic physiological (physical and biological) needs as we have. On this basis, it is argued that we can be held responsible for activities causing avoidable damage to critical resources that are necessary to provide for future physiological needs. Furthermore, it is suggested that it is prima facie immoral to impose risks upon future generations in cases where the following conditions are fulfilled: (1) the risk poses a threat to the ability of future generations to meet their physiological needs, and (2) the risk assessment is supported by scientifically based harm scenarios. (shrink)

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

This paper approaches the choice between the open and closed nuclear fuel cycles as a matter of intergenerational justice, by revealing the value conflicts in the production of nuclear energy. The closed fuel cycle improve sustainability in terms of the supply certainty of uranium and involves less long-term radiological risks and proliferation concerns. However, it compromises short-term public health and safety and security, due to the separation of plutonium. The trade-offs in nuclear energy are reducible to a chief trade-off between (...) the present and the future. To what extent should we take care of our produced nuclear waste and to what extent should we accept additional risks to the present generation, in order to diminish the exposure of future generation to those risks? The advocates of the open fuel cycle should explain why they are willing to transfer all the risks for a very long period of time (200,000 years) to future generations. In addition, supporters of the closed fuel cycle should underpin their acceptance of additional risks to the present generation and make the actual reduction of risk to the future plausible. (shrink)

The non-identity problem concerns actions that affect who exists in the future. If such an action is performed, certain people will exist in the future who would not otherwise have existed: they are not identical to any of the people who would have existed if the action had not been performed. Some of these actions seem to be wrong, and they seem to be wrong in virtue of harming the very future individuals whose existence is dependent on their having been (...) performed. The problem arises when it is argued that the actions do not harm these people—because the actions do not make them worse off than they would otherwise be.1 Consider: Radioactive Waste Policy: We are trying to decide whether to adopt a permissive radioactive waste policy. This policy would be less inconvenient to us than our existing practices. If we enact the newly-proposed policy, then we will cause there to be radioactive pollution that will cause illness and suffering. However, the policy will have such significant effects on public policy and industry functioning, that different people will exist in the future depending on whether we enact the policy. Two things should be emphasized. First, the illness and suffering caused will be very serious: deformed babies, children with burns from acid rain, and adults dying young from cancer. Second, the policy will affect who will exist in the future because our present practices invade people’s everyday lives, for example by affecting recycling practices in the home; these practices will change if the policy is adopted. Furthermore, whether we adopt the policy will determine which plants are built where, what jobs are available, and what trucks are on the road. These effects will create small differences in everyone’s lives which ultimately affect who meets whom and who conceives with whom, or at least when people conceive. This affects who exists in the future. (shrink)

One of the biggest ethical issues in animal agriculture is that of the welfare of animals at the end of their lives, during the process of slaughter. Much work in animal welfare science is focussed on finding humane ways to transport and slaughter animals, to minimise the harm done during this process. In this paper, we take a philosophical look at what it means to perform slaughter humanely, beyond simply reducing pain and suffering during the slaughter process. In particular, we (...) will examine the issue of the harms of deprivation inflicted in ending life prematurely, as well as shape of life concerns and the ethical implications of inflicting these harms at the end of life, without the potential for future offsetting through positive experiences. We will argue that though these considerations may mean that no slaughter is in a deep sense truly ‘humane’, this should not undermine the importance of further research and development to ensure that while the practice continues, animal welfare harms are minimised as far as possible. (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)

This paper argues that contemporary philosophical literature on meaning in life has important implications for the debate about our obligations to non-human animals. If animal lives can be meaningful, then practices including factory farming and animal research might be morally worse than ethicists have thought. We argue for two theses about meaning in life: that the best account of meaningful lives must take intentional action to be necessary for meaning—an individual’s life has meaning if and only if the individual acts (...) intentionally in ways that contribute to finally valuable states of affairs; and that this first thesis does not entail that only human lives are meaningful. Because non-human animals can be intentional agents of a certain sort, our account yields the verdict that many animals’ lives can be meaningful. We conclude by considering the moral implications of these theses for common practices involving animals. (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)

In dieser Arbeit werden drei Gedankenexperimente geprüft, die im Diskurs zur Moralität der Abtreibung vorgebracht wurden: der Geiger von Judith J. Thomson und zwei Erwiderungen darauf von Kenneth Himma und Christopher H. Conn. Sie sind dadurch charakterisiert, dass sie von Rechten sprechen, eine besondere Betonung auf Verkörperung legen und an die moralische Intuition appellieren. Ich behaupte, dass nur menschliche Individuen Menschenrechte haben können und dass Individuation nicht auf der Verletzung der moralischen Rechte anderer basieren kann. Deshalb kann der Fetus weder (...) Träger von moralischen Rechten noch ein Aggressor gegen die Rechte seiner Mutter sein. Die Paradigmen der Umweltethik scheinen für moralische Überlegungen über Abtreibung besser geeignet zu sein als das Paradigma der Rechte. Im Zentrum der Umweltethik stehen eher Fürsorge und Achtung vor dem Leben als Rechte; sie ist auf Verkörperung und natürliche Prozesse abgestimmt und beruft sich mehr auf Gefühle der Fürsorge und Tugend als auf ein Gerechtigkeitsgefühl. (shrink)

Future generations do not exist, and are not determinate in their make-up. The moral significance of future generations cannot be accounted for on the basis of a purely individualistic ethic. Yet future generations are morally significant. The Person-Affecting Principle, that (roughly) only acts which are likely to affect particular individuals are morally significant, must be augmented in such a way as to take into account the moral significance of Homo sapiens, a holistic entity which certainly does exist. Recent contributions to (...) Environmental Values by Alan Carter and Ernest Partridge are criticised (but not entirely rejected). (shrink)

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 (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink)

El artículo defiende una solución al problema de la no identidad, que surge porque la existencia de muchas personas futuras es contingente en relación con nuestras decisiones. Esto hace que, aunque tengan una calidad de vida muy baja, tal situación no sea peor para ellas. Se defiende una solución basada en una noción de umbral de daño: tal noción ayuda a explicar la incorrección que existe en los casos atravesados por el problema de la no identidad. Finalmente, se analizan otras (...) tres soluciones. Sin embargo, se afirma que no son completamente satisfactorias sin un desarrollo ulterior.------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- -/- The article defends a solution to non-identity problem, which arises because the existence of many future persons is contingent with respect to our decisions. Consequently, despite their possible low quality of life, that situation is not worse for them. The article argues for a solution based on the threshold notion of harm, which helps in explaining the wrongness involved in those cases crossed by the non-identity problem. Finally, it analyzes three other solutions. However, it is argued that they are not entirely satisfactory without further developments. (shrink)

In this paper I intend to analyse the meaning of harm as well as the strength of the reasons against harming provided by harm-states. I will argue that there are two kinds of harms: absolute harms and relative harms. Also, I will argue that when certain harm has been completely covered by considering such harm as absolute, the consideration of such harm as –also– relative is displaced. Such considerations should be taken into account when the suffered harms cannot be entirely (...) explained by considerations regarding absolute harms. If these claims are right, we will have guidelines to measure, among other things, the agent´s moral responsibility in different kind of cases. -/- En este trabajo me propongo analizar tanto qué significa sufrir un daño como la fuerza de las razones en contra de dañar que se derivan de los estados de daño. Argumentaré que existen distintos tipos de daño: absolutos y relativos, y que los primeros son cualitativamente más graves que los segundos. Argumentaré también que, si los daños sufridos pueden ser explicados enteramente en términos de daños absolutos, las consideraciones referidas a los daños relativos no deben entrar en juego. Tales consideraciones sólo deben ser tenidas en cuenta cuando los daños sufridos no puedan ser explicados enteramente en términos de daños absolutos. Si estas afirmaciones son correctas, contaremos con lineamientos que pueden servir de guía para, entre otras cosas, graduar la responsabilidad de los agentes en diferente clase de casos. (shrink)

This article introduces a non-human version of the non-identity problem and suggests that such a variation exposes weaknesses in several proposed person-focused solutions to the classic version of the problem. It suggests first that person-affecting solutions fail when applied to non-human animals and, second, that many common moral arguments against climate change should be called into question. We argue that a more inclusive version of the person-affecting principle, which we call the ‘patient-affecting principle’, captures more accurately the moral challenge posed (...) by the non-identity problem. We argue further that the failure of person-affecting solutions to solve non-human versions of the problem lend support to impersonal solutions to the problem which avoid issues of personhood or species identity. Finally, we conclude that some environmental arguments against climate change that rely on the notion of personal harm should be recast in impersonal terms. (shrink)

Three views of sustainability are juxtaposed with four views about who the members of the moral community are. These provide points of contact for understanding the moral issues in sustainability. Attention is drawn to the preferred epistemic methods of the differing factions arguing for sustainability. Criteria for defining membership in the moral community are explored; rationality and capacity for pain are rejected as consistent criteria. The criterion of having interests is shown to be most coherent for explaining why all living (...) humans belong to the moral community. This criterion allows inclusion of future generations as well, and extends to animals and plants membership in the moral community. Inferences are drawn that food sufficiency advocates hold only presently living persons to be full-fledged members of the moral community, but that this view is internally inconsistent. Stewards should agree that all living things are members of the moral community. A distinction between welfare interests and ulterior interests allows the steward to include the aims of those who argue for sustainability as community without committing some of their errors. Community advocates argue that essential values and virtues will be lost is the culture of agriculture is transformed. I argue that community advocates may fail to pass on our most important virtue — justice — without such a transformation. (shrink)

Given that future generations are right-bearing citizens of tomorrow; legislative systems should secure these rights through appropriate institutions. In the case of the European Union; reference to intergenerational justice can be found in various fundamental legal texts; but; paradoxically; no institutions exist to defend it. The structural short-termism inscribed into representative democracies means that present interests easily trump future concerns. We argue that the best way to overcome this problem is a system of temporal checks and balances. By comparing a (...) selection of existing instruments with regards to their impact on the legislative process; we propose the creation of a European Guardian for Future Generations as the most effective measure to protect the rights of future generations and provide an overview of recent developments in this direction. (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)

The original constitution of the dêmos by democratic means is a fundamental problem for normative democratic theory. In this paper, I make an assessment of different solutions to the dêmos problem that have been presented in recent literature. I find that none of them is adequate, and thus hold that the dêmos problem remains unresolved. At the end of the paper, I propose a constellation in which multiple dêmoi are thought to be constituted at the same time. I show that (...) this leads to a mitigation of the negative consequences that are implied in the proposed solutions analysed in previous parts of the paper. Constituting the dêmos according to the democratic ideal is more expedient under the conditions of a large number of individuals having the option to form a plurality of dêmoi. This overall conclusion means that the democratic legitimacy of the dêmos itself is critically dependent on a relational setting of relatively open but independent dêmoi. The relations between dêmoi and the freedom of movement among them is thus not something which is added to ideal democratic theory as an external and foreign element reducing the legitimacy of a democracy. Rather, the norm that states that there should be multiple dêmoi that openly relate to each other is actually part of the hard core of democratic legitimacy. (shrink)

In wrongful life litigation a congenitally impaired child brings suit against those, usually physicians, whose negligence caused him to be born into his suffering existence. A key conceptual question is whether we can predicate harm in such cases. While a few courts have permitted it, many courts deny that we can, and thus have refused these children standing to sue. In this article the author examines the wrongful life cases and literature enroute to a broader consideration of harm. This literature, (...) and philosophical discussions of harm generally, rely on a definition which ascribes harm by comparing an individual's current condition with that in which he would otherwise have been, but for the allegedly harmful event. The author shows this definition to be conceptually and morally flawed. A superior general definition is offered which, when then applied to wrongful life cases, shows that we can easily ascribe harm in these cases and can find clear potential for tort liability. (shrink)

A number of thinkers have been wondering about the moral obligations humans have, or will have, to intelligent technologies. An underlying assumption is that “moral machines” are decades in the offing, and thus we have no pressing obligations now. But, in the context of technology, we are yet to consider that we might owe moral consideration to something that is not a member of the moral community but eventually will be as an outcome of human action. Do we have current (...) actual obligations to technologies that do not currently exist? If there are obligations to currently non-existing technologies, we must confront what might be called the Non-Identical Machines Problem. Can we harm or benefit an entity by making it one way rather than another? This paper presents the problem and argues that it is more challenging than the standard Non-Identity Problem. (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)

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)

In Reasons and Persons, Derek Parfit cannot find a theory of well-being that solves the Non-Identity Problem, the Repugnant Conclusion, the Absurd Conclusion, and all forms of the Mere Addition Paradox. I describe a “Quasi-Maximizing” theory that solves them. This theory includes (i) the denial that being better than is transitive and (ii) the “Conflation Principle,” according to which alternative B is hedonically better than alternative C if it would be better for someone to have all the B-experiences. (i) entails (...) that Quasi-Maximization is not a maximizing theory, but (ii) ensures that its evaluations will often coincide with such theories. (shrink)

Mitochondrial replacement techniques are designed to allow couples to have children without passing on mitochondrial diseases. Recently, Giulia Cavaliere and César Palacios-González argued that prospective parents have the right to use MRTs to pursue genetic relatedness, such that some same-sex couples and/or polygamous triads could use the process to impart genetic relatedness between a child and more of its caregivers. Although MRTs carry medical risks, Cavaliere and Palacios-González contend that because MRTs are identity-affecting, they do not cause harm to an (...) existing human being, and our intuitions otherwise arise from the non-identity problem. Here, I review several attempts to address the non-identity problem, and propose a solution to the problem. Furthermore, I argue that regardless of one’s stance on whether MRTs are identity-affecting, the use of MRTs to pursue genetic relatedness alone falls outside the scope of the medical profession, as they involve substantive medical risk for no medical benefit. (shrink)

Many of us have the intuition that we are duty-bound to conserve natural resources for the benefit of future generations. Yet there is a well-known difficulty in trying to identify the source of th...

We sometimes face personal choices that are so momentous they appear to give rise to an intrapersonal analogue to the non-identity problem. Where the non-identity problem presents as a problem for morality, the intrapersonal analogue presents as a problem for prudence. The analogy has been explored recently by Das and Paul, and although, as this paper argues, their analysis fails—there is no intrapersonal analogue for the non-identity problem—it functions to highlight a persistent and perplexing puzzle for prudential rationality. This paper (...) offers its own explanation: namely, that the phenomena that motivate the purported intrapersonal problem are better accounted for by conceiving prudence as disjunctive. To this end, I sketch a theory of two varieties of prudence. (shrink)

According to the procreation asymmetry there is no moral reason to create a new and foreseeably happy person just because this person will be happy, but there is however a moral reason against creating a new and foreseeably unhappy person just because this person will be unhappy. A common way to defend this conjunction of claims is by employing a so-called existence-requirement, according to which the happiness of a given person p in a world w depends on it being possible (...) to understand p as an existing person in w. The aim of this paper is to consider whether this existence-requirement strategy is compatible with other intuitions and convictions held in normative moral theory and populations ethics. This aim will be achieved by considering whether the existence-requirement strategy is compatible with three plausible desiderata for a solution to the procreation asymmetry. Although some solutions to some potential incompatibilities are suggested, the thesis that will be argued for is that every instance of the existence-requirement strategy is incompatible with at least one of the relevant desiderata. Where the common denominating incompatibility for all instances of the existence-requirement strategy is to be found in an inability to be sufficiently action-guiding. (shrink)

Alan Carter correctly argues that Thomas Schwartz's 'future persons paradox' applies with equal force to utilitarianism, rights theory and Aristotelian ethics. His criticism of Rawls's 'justice between generations' is less successful, because of his failure (and perhaps Rawls's as well) to fully appreciate the hypothetical nature of the 'original position'. Carter's attempt to refute Schwartz's argument by focusing on the individuality of moral action fails, since it evades the essential point of Schwartz's argument. The best response to Schwartz is to (...) concede the essential validity of his argument and then to turn that argument into an ad absurdum refutation of his central premise,'the person affecting principle'. (shrink)

The aim of this paper is to consider whether some seats in a democratically elected legislative assembly ought to be reserved for representatives of future generations. In order to examine this question, I will propose a new democratic model for representing posterity. It is argued that this model has several advantages compared with a model for the democratic representation of future people previously suggested by Andrew Dobson. Nevertheless, the democratic model that I propose confronts at least two difficult problems. First, (...) it faces insoluble problems of representative legitimacy. Second, one might question whether this model provides a reasonably effective way to represent future interests compared with existing representative democratic institutions. Despite such problems, it is argued that political representation of posterity can be defended on the basis of fundamental ideas and ideals in recent theory of deliberative democracy. The first reason for this is that in a number of cases democratic decisions cannot be regarded as normatively legitimate from the point of view of deliberative democracy, unless posterity is given a voice. The second reason is that representation of posterity can contribute to more rational and impartial deliberations and decisions in legislative assemblies. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)