ABSTRACT:In a series of reports the United Nations Special Representative on the issue of Human Rights and Transnational Corporations has emphasized a tripartite framework regarding business and human rights that includes the state “duty to protect,” the TNC “responsibility to respect,” and “appropriate remedies” for human rights violations. This article examines the recent history of UN initiatives regarding business and human rights and places the tripartite framework in historical context. Three approaches to human rights are distinguished: moral, political, and legal. (...) It is argued that the tripartite framework’s grounding of the responsibility of TNCs to respect human rights is properly understood as moral and not merely as a political or legal duty. A moral account of the duty of TNCs to respect basic human rights is defended and contrasted with a merely strategic approach. The main conclusion of the article is that only a moral account of the basic human rights duties of TNCs provides a sufficiently deep justification of “the corporate responsibility to respect human rights” feature of the tripartite framework. (shrink)

Our aim is to defend the Precautionary Principle (PP) against the main theoretical and practical criticisms that it has raised by proposing a novel conception and a specific formulation of the principle. We first address the theoretical concerns against the idea of there being a principle of precaution by arguing for a distinctively political conception of the PP as opposed to a moral one. Our claim is that the rationale of the PP is grounded in the fact that contemporary societies (...) wish to avoid morally unacceptable risks while at the same time pursuing other goals, aspirations and values. Following this political conception of the PP, we propose a specific formulation in terms of an argumentation scheme—the Argumentation Scheme for Appealing to Precaution—which is meant to solve, in turn, the main practical concerns that the PP has raised. We explain the advantages of our proposal by analysing appeals to precaution in the cases of (1) the European restrictions on the free movement of persons during the COVID-19 pandemic and (2) the discharge of nuclear wastes into the Irish Sea. (shrink)

This volume announces a new era in the philosophy of God. Many of its contributions work to create stronger links between the philosophy of God, on the one hand, and mathematics or metamathematics, on the other hand. It is about not only the possibilities of applying mathematics or metamathematics to questions about God, but also the reverse question: Does the philosophy of God have anything to offer mathematics or metamathematics? The remaining contributions tackle stereotypes in the philosophy of religion. The (...) volume includes 35 contributions. It is divided into nine parts: 1. Who Created the Concept of God; 2. Omniscience, Omnipotence, Timelessness and Spacelessness of God; 3. God and Perfect Goodness, Perfect Beauty, Perfect Freedom; 4. God, Fundamentality and Creation of All Else; 5. Simplicity and Ineffability of God; 6. God, Necessity and Abstract Objects; 7. God, Infinity, and Pascal's Wager; 8. God and (Meta-)Mathematics; and 9. God and Mind. (shrink)

This open access book provides the first explicit case study for an application of the method of reflective equilibrium (RE), using it to develop and defend a precautionary principle. It thereby makes an important and original contribution to questions of philosophical method and methodology. The book shows step-by-step how RE is applied, and develops a methodological framework which will be useful for everyone who wishes to use reflective equilibrium. With respect to precautionary principles, the book demonstrates how a rights-based precautionary (...) principle can be constructed and defended. The case study succeeds in demonstrating that RE can be successfully applied and puts real constraints on the justification process. This is all the more remarkable as the case study was designed as an open-ended process, without presupposing any specific results. This book will be highly relevant both to people interested in philosophical methodology and epistemology, as well as to researchers who are interested in using philosophical methods and tools and applying them to practical problems. (shrink)

The dilemma objection charges that ‘weak’ versions of the precautionary principle (PP) are vacuous while ‘strong’ ones are incoherent. I respond that the ‘weak’ versus ‘strong’ distinction is misleading and should be replaced with a contrast between PP as a meta-rule and PP proper. Meta versions of PP require that the decision-making procedures used for environmental policy not be susceptible to paralysis by scientific uncertainty. Such claims are substantive because they often recommend against basing environmental policy decisions on cost–benefit analysis. (...) I argue that the second horn of the dilemma fails as a result of disregarding the role of proportionality in applications of PP. (shrink)

In this article, we defend two claims about the precautionary principle. The first is that there is no ‘core’ precautionary principle that unifies all its different versions. It is more plausible to think of the different versions as being related to each other by way of family resemblances. So although precautionary principle x may have much in common with precautionary principle y, and y with z, there is no set of necessary and sufficient conditions that unify all versions of the (...) principle. Our second claim is that it is sometimes appropriate to think of the precautionary principle as a midlevel principle in the sense proposed by Beauchamp and Childress in their Principles of Biomedical Ethics, i.e. as a non-rigid moral principle. We argue that if the precautionary principle is conceived as a non-rigid principle that needs to be balanced against other principles before a moral verdict can be reached, then this enables us to address some standard objections to the principle. (shrink)

The precautionary principle (PP) is an influential principle for making decisions when facing uncertain, but potentially severe, harm. However, there is a persistent disagreement about what the principle entails, exactly. It exists in a multitude of formulations and has potentially conflicting ideas associated with it. Is there even such a thing as ‘the precautionary principle’? This paper analyses the debate between unificationists and pluralists about ‘the PP’, arguing that the debate is hindered by neglecting the question of justification. It introduces (...) reflective equilibrium as a method of justification, and sketches how it could be applied to justify a PP. (shrink)

The Precautionary Principle is a guide to coping with scientific uncertainties in the assessment and management of risks. In recent years, it has moved to the forefront of debates in policy and applied ethics, becoming a key normative tool in policy discussions in such diverse areas as medical and scientific research, health and safety regulation, environmental regulation, product development, international trade, and even judicial review. The principle has attracted critics who claim that it is fundamentally incoherent, too vague to guide (...) policy, and makes demands that are logically and scientifically impossible. In this paper we will answer these criticisms by formulating guidelines for its application that ensure its coherence as a useful normative guide in applied and policy ethics debates. We will also provide analyses of cases that demonstrate how our version of the principle functions in practice. (shrink)

In the initial phase of the COVID-19 pandemic, Sweden’s response stood out as an exception. For example, Sweden did not introduce any lockdowns, while many other countries did. In this paper I take the Swedish Corona Commission’s critique of the initial Swedish response as a point of departure for a general analysis of precaution in relation to pandemics. The Commission points out that in contrast to many other countries Sweden did not follow ‘the precautionary principle’. Based on this critique, the (...) Commission proposes that the precautionary principle should be included among Sweden’s guiding principles for crisis management. However, as the debate on this principle during the last 30 years indicates, the principle is loaded with problems. I discuss one of these problems, namely its lack of clarity. I argue, however, that this problem is not unsurmountable. A principle is lacking clarity precisely by being a principle and not a rule with a well-defined meaning. As a principle it indicates a direction but does not prescribe a specific action. However, to be action-guiding its content needs to be specified by rational deliberation. With this in mind, I propose a framework for specification of the precautionary principle as applied to pandemics. The framework focuses on the principle’s four key elements: threat, uncertainty, action and responsibility. I also suggest certain general ethical restrictions on specification. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

Solar radiation management is a form of geoengineering that involves the intentional manipulation of solar radiation with the aim of reducing global average temperature. This paper explores what precaution implies about the status of solar radiation management. It is argued that any form of solar radiation management that poses threats of catastrophe cannot constitute an appropriate precautionary measure against another threat of catastrophe, namely climate change. Research of solar radiation management is appropriate on a precautionary view only insofar as such (...) research aims to identify whether any forms of solar radiation management could be implemented without creating new or exacerbating existing threats of catastrophe. (shrink)

The precautionary principle has been widely discussed in the academic, legal, and policy arenas. This paper argues, however, that there is no single precautionary principle and we should stop referring to ?the? precautionary principle. Instead, we should talk about ?precaution? and ?precautionary approaches? more generally and identify and defend distinct precautionary principles of limited scope. Drawing on the vast literature on ?the? precautionary principle, this paper further argues that the challenges of decision making under conditions of uncertainty necessitate taking a (...) precautionary approach to decision making that will enable us to understand what particular precautionary principles require of us on a case-by-case basis. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2015 Heft: 207 Seiten: 233-250.

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)

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)

If we find life on another world, it will be an extremely important discovery and we will have to take great care not to do anything that might endanger that life. If the life we find is sentient we will have moral obligations to that life. Whether it is sentient or not, we have a duty to ourselves to preserve it as a study object, and also because it would be commonly seen as valuable in its own right. In addition (...) to this we would also have a duty to our fellow humans and other earthly life forms not to expose them to danger by advertently or inadvertently exposing them to potentially harmful space organisms. When space exploration turns into exploitation it will therefore be important to be able to show that a world that is up for exploitation is uninhabited before the exploitation starts. Showing that a world is uninhabited is, however, a different kind of task than showing that it is inhabited. The latter task can be accomplished through one positive finding but it is not clear how to go about the former task. In this paper I suggest that it is a gradual process asymptotically approaching certainty rather than a discovery in the traditional sense of the word. It has to be handled in two steps. The first is to connect degree of certainty with research setup. The second is to decide how certain we need to be. The first step is about the number, diversity and quality of observations. The second step is a decision we have to make based on the purpose of the investigation. The purpose and therefore the degree of certainty needed to establish that a world is uninhabited will be different for a world that is up for exploitation than for a world that is not. In the latter case it is only a matter of epistemic values. In the former case also ethical values have to be considered. (shrink)