In this paper, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of harms in general. (...) This framework uses a contractualist framework to build an account of how to think about liability for costs on the basis of the presumably attractive thought that individual agents should have as much control over their liabilities as is compatible with others having like control. I then use that framework to suggest that liability on the basis of contribution should be restricted to cases where the contributors could have avoided their contribution relatively costlessly, where meeting the liability is not crippling for them, and where such a liability would not have chilling effects, either on them or on third parties. This account of the grounds for contributory liability also has the advantage of avoiding a number of awkward questions about what counts as a contribution by shifting the issue away from often unanswerable questions about the precise causal genesis of some harm or other. Instead, control over conduct which plausibly has some relation to the harm because crucial. On the basis of this account, I then investigate whether a number of uses of the contributory principle. I argue that contributory liability is not appropriate for cases of collective harms committed by coordinated groups in the way that, for example, Iris Marion Young and Thomas Pogge have suggested and that further investigation of how members of such groups may be liable will be needed. (shrink)

La conversion de la France à une politique de « réduction des risques » , est généralement interprétée comme l’indice d’un changement de paradigme en matière de toxicomanie. Il est néanmoins possible de la voir comme une forme de réagencement politique du monde des consommations de drogues, visant à définir de nouveaux seuils, les plus bas possibles, pour l’entrée dans des dispositifs de soin et de service. L’examen des visions du monde sur lesquelles reposent ces équipements politiques, en France comme (...) dans le reste de l’Union européenne, montre d’ailleurs que la vision du monde autonomiste y compose avec d’autres, compensatoires et additives, plus anciennement implantées. C’est sans doute pourquoi on retrouve, à divers niveaux, un véritable décalage entre les mesures volontaristes liées à ces politiques publiques et les contextes dans lesquels elles sont mises en œuvre : qu’il s’agisse des promoteurs, professionnels ou amateurs, ou qu’il s’agisse des destinataires, tout le monde semble s’accommoder d’un fonctionnement minimal de ces dispositifs, vérifiant ainsi une fois de plus la force des liens faibles.The French turn to the so-called « risk reduction policy » , is generally interpreted as a shift of the paradigm of drug addiction policies. One can, nevertheless, see it as a kind of new political layout of the drug addiction field, intended to define new thresholds for one’s entering in the treatment and care devices. When we examine the worldviews which sustain these political equipments , we can see that the autonomist worldview has to come to terms with others, namely : the compensatory and additive ones. That is probably why we can see, at various levels, a real discrepancy between the strong willings supporting the actions promoted by the risk reduction policies, and the contexts in which they take place : would it be the main actors , or the beneficiaries, everyone seems to be satisfied with a minimal functioning of these devices, verifying once again the strength of the weak ties. (shrink)

This paper addresses the likely impact on women of being denied emergency contraception (EC) by pharmacists who conscientiously refuse to provide it. A common view—defended by Elizabeth Fenton and Loren Lomasky, among others—is that these refusals inconvenience rather than harm women so long as the women can easily get EC somewhere else nearby. I argue from a feminist perspective that the refusals harm women even when they can easily get EC somewhere else nearby.

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

In this paper I engage interdisciplinary conversation on inaction as the dominant response to climate change, and develop an analysis of the specific phenomenon of complacency through a critical-feminist lens. I suggest that Chris Cuomo's discussion of the “insufficiency” problem and Susan Sherwin's call for a “public ethics” jointly point toward particularly promising harm-reduction strategies. I draw upon and extend their work by arguing that extant philosophical accounts of complacency are inadequate to the task of sorting out what it means (...) to be complacent on climate change. I offer a sketch for an alternative account, which I take to be a start in the direction of mapping out a diverse array of “motivational vices” that need to be named, grappled with, and remedied. (shrink)

In this article I argue that governments are justified in addressing the potential for human induced climate damages on the basis of future generations' rights to bodily integrity and personal property. First, although future generations' entitlements to property originate in our present entitlements, the principle of self-ownership requires us to take 'reasonable care' of the products of future labour. Second, while Parfit's non-identity problem has as yet no satisfactory solution, the present absence of an equilibrium between theory and intuitions justifies (...) a precautionary approach, i.e. treating climate damage as a wrongful harm. In addition, a supplementary consideration is described as arising from transcendental needs. (shrink)

Three public opinion studies examined public attitudes toward prevalence reduction (PR; reducing the number of people engaging in an activity) and harm reduction (HR; reducing the harm associated with an activity) across a wide variety of domains. Studies 1 and 2 were telephone surveys of California adults’ views on PR and HR strategies for a wide range of risk domains (heroin, alcoholism, tobacco, skateboarding, teen sex, illegal immigration, air pollution, and fast food). “Moral outrage” items (immoral, disgusting, irresponsible, dangerous) predicted (...) preference for PR over HR, with disgust the most important predictor. In contrast, preferences were not predicted by whether the risk behavior was common, no one else’s business, or harmless. Study 3 explored whether there are domains where liberals might reject HR. A sample of liberal students preferred HR > PR for heroin, but PR > HR for ritual female circumcision; path analysis suggested that this reversal was explained by moral outrage rather than consequentialist judgments of harm to self and harm to others. (shrink)

This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'.

This paper is a survey of the positive and negative aspects of cannabis use from the point of view of the individual on one hand and from the point of view of the society on the other hand. Health, social, and political motives are all discussed, and the best method of harm reduction is analysed. The upshot is that zero tolerance policy is obsolete, and that most individuals would be better off using cannabis rather than other drugs.

Judith Jarvis Thomson; Killing, Letting Die, and The Trolley Problem, The Monist, Volume 59, Issue 2, 1 April 1976, Pages 204–217, https://doi.org/10.5840/monis.

Background Despite the growth of biomedical research in South Africa, there are few insights into the operation of Research Ethics Committees (RECs) in this setting. We investigated the composition, operations and training needs of health RECs in South Africa against the backdrop of national and international guidelines. Methods The 12 major health RECs in South Africa were surveyed using semi-structured questionnaires that investigated the composition and functions of each REC as well as the operational issues facing committees. Results Health RECs (...) in SA have an average of 16 members and REC members are predominantly male and white. Overall, there was a large discrepancy in findings between under-resourced RECs and well resourced RECs. The majority of members (56%) are scientists or clinicians who are typically affiliated to the same institution as the health REC. Community representatives account for only 8% of membership. Training needs for health REC members varied widely. Conclusion Most major health RECs in South Africa are well organized given the resource constraints that exist in relation to research ethics in developing countries. However, the gender, racial and occupational diversity of most of these RECs is suboptimal, and most RECs are not constituted in accordance with South African guidelines. Variability in the operations and training needs of RECs is a reflection of apartheid-entrenched influences in tertiary education in SA. While legislation now exists to enforce standardization of research ethics review systems, no provision has been made for resources or capacity development, especially to support historically-disadvantaged institutions. Perpetuation of this legacy of apartheid represents a violation of the principles of justice and equity. (shrink)

Current anti-doping in competitive sports is advocated for reasons of fair-play and concern for the athlete's health. With the inception of the World Anti Doping Agency (WADA), anti-doping effort has been considerably intensified. Resources invested in anti-doping are rising steeply and increasingly involve public funding. Most of the effort concerns elite athletes with much less impact on amateur sports and the general public.

We are unlikely to stop seeking pleasure, as this would prejudice our health and well-being. Yet many psychoactive substances providing pleasure are outlawed as illicit recreational drugs, despite the fact that only some of them are addictive to some people. Efforts to redress their prohibition, or to reform legislation so that penalties are proportionate to harm have largely failed. Yet, if choices over seeking pleasure are ethical insofar as they avoid harm to oneself or others, public health strategies should foster (...) ethical choice by moving beyond current risk management practices embodied in the harm reduction movement. The neuroscience of pleasure has much to offer neuroethics and public health strategies. Distinguishing between ‘wanting’ and ‘liking’ fosters new understandings of addiction. These hold promise for directing the search for pharmacotherapies which prevent addiction and relapse or disrupt associated neuromechanisms. They could inform new research into creating lawful psychoactive substances which give us pleasure without provoking addiction. As the health and well being of human and other animals rests upon the experience of pleasure, this would be an ethical objective within public health strategy. Were ethical and neurobiological obstacles to ending addiction to be overcome, problems associated with excessive consumption, the lure of unlawful psychoactive substances and the paucity of lawful means to achieve pleasurable altered states would remain. Non-addictive designer drugs, which reliably provided lawful access to pleasures and altered states, would ameliorate these public health concerns insofar as they fostered citizens’ informed, ethical choices according to a neurobiological taxonomy of pleasures. (shrink)

Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...) restitution to victims, and a fourth is that it can strengthen social values. The paper examines these claims, and finally considers pluralist theories which combine retributive and harm-reductive or utilitarian considerations. (Retributive theories are examined in their own right in 'Punishment: Nonconsequentialism'.). (shrink)

See "What's Wrong with Factory Farming?" (2015) for an updated treatment of these issues.

Better Never to Have Been argues for a number of related, highly provocative, views: (1) Coming into existence is always a serious harm. (2) It is always wrong to have children. (3) It is wrong not to abort fetuses at the earlier stages of gestation. (4) It would be better if, as a result of there being no new people, humanity became extinct. These views may sound unbelievable--but anyone who reads Benatar will be obliged to take them seriously.

This book offers the fullest and most sophisticated account of Gert's influential moral theory, a model first articulated in the classic work The Moral Rules: A New Rational Foundation for Morality, published in 1970. In this final revision, Gert makes clear that the moral rules are only one part of an informal system that does not provide unique answers to every moral question but does always provide a range of morally acceptable options. A new chapter on reasons includes an account (...) of what makes one reason better than another and a second new chapter is devoted to the question of justifying violations of the rules. Moral impartiality, the moral ideals, and virtue and vice, are all treated in greater detail. Throughout, Gert attempts to answer all of the challenges that his work has provoked. (shrink)

Parfit’s (1984) Non-Identity Problem provides a strong line of argument that we cannot be harmed by pre-conception choices or actions. I argue that we can no longer appeal to the Non-Identity problem in order to justify using pre-conception genetic screening and selection techniques as a harmless tool to determine the genetic constitution of future individuals. My criticism of the Non-Identity problem is based on a rejection of the metaphysical foundations of Parfit’s argument - Kripke’s (1980) essentialist arguments for the necessity (...) of origin. I offer an alternative account of modal harms based on counterpart theory such as that offered by David Lewis (1986). On this account, individuals can make legitimate harm claims in regard to pre-conception choices made in determining their genetic constitution by appeal to their counterparts across possible worlds. (shrink)

This paper argues that the standard account of posthumous harm is untenable. The standard account presupposes the desire-fulfillment theory of welfare, but I argue that no plausible version of this theory can allow for the possibility of posthumous harm. I argue that there are, at least, two problems with the standard account from the perspective of a desire-fulfillment theorist. First, as most desire-fulfillment theorists acknowledge, the theory must be restricted in such a way that only those desires that pertain to (...) one’s own life count in determining one’s welfare. The problem is that no one has yet provided a plausible account of which desires these are such that desires for posthumous prestige and the like are included. Second and more importantly, if the desire-fulfillment theory is going to be at all plausible, it must, I argue, restrict itself not only to those desires that pertain to one’s own life but also to those desires that are future independent, and this would rule out the possibility of posthumous harm. If I’m right, then even the desire-fulfillment theorist should reject the standard account of posthumous harm. We cannot plausibly account for posthumous harm in terms of desire fulfillment (or the lack thereof). (shrink)

From the apathetic reaction to atrocities committed in Vietnam by the United States and its allies, one may conclude that moral restrictions on the conduct of war command almost as little sympathy among the general public as they do among those charged with the formation of U.S. military policy. Even when restrictions on the conduct of warfare are defended, it is usually on legal grounds alone: their moral basis is often poorly understood. I wish to argue that certain restrictions are (...) neither arbitrary nor merely conventional, and that their validity does not depend simply on their usefulness. There is, in other words, a moral basis for the rules of war, even though the conventions now officially in force are far from giving it perfect expression. (shrink)

Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional criminal justice (...) responses should they fail to prevent further abuse. Drawing on international evaluations and a recent study conducted in Scotland (the Scottish study), the article examines whether legislation in the form of civil protection orders has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse. (shrink)

Non-Identity arguments have a pervasive but sometimes counter-intuitive grip on certain key areas in ethics. As a result, there has been limited success in supporting the alternative view that our choices concerning future generations can be considered harmful on any sort of person-affecting principle. However, as the Non-Identity Problem relies overtly on certain metaphysical assumptions, plausible alternatives to these foundations can substantially undermine the Non-Identity argument itself. In this paper, I show how the pervasive force and nature of Non-Identity arguments (...) rely upon a specific adoption of a theory of modality and identity and how adopting an alternative account of modality can be used to reject many conclusions formed through Non-Identity type arguments. By using Lewis’s counterpart-theoretic account to understand ways we might have been, I outline the basis of a modal account of harm that incorporates a person-affecting aspect. This, in turn, has significant implications for ethical decision-making in areas such as reproductive choice and the welfare of future generations. (shrink)

A companion to ‘Punishment: Consequentialism’, and also ‘Punishment: The Future’, this paper examines various nonconsequentialist attempts to justify punishment, that is, attempts that appeal to claims concerning the innate worth or intrinsic character of punishment, quite apart from any consequential good or benefit punishment may be thought to produce. The paper starts with retributive theories, and turns then to the denunciation and expressive theories, before considering combined communicative–retributive theories.

International Non-governmental Organizations (INGOs) face difficult choices when choosing to allocate resources. Given that the resources made available to INGOs fall far short of what is needed to reduce massive human rights deficits, any chosen scheme of resource allocation requires failing to reach other individuals in great need. Facing these moral opportunity costs, what moral reasons should guide INGO resource allocation? Two reasons that clearly matter, and are recognized by philosophers and development practitioners, are the consequences (or benefit or harm (...) reduction) of any given resource allocation and the need (or priority) of individual beneficiaries. If accepted, these reasons should lead INGOs to allocate resources to a limited number of countries where the most prioritarian weighted harm reduction will be achieved. I make three critiques against this view. First, on grounds the consequentialist accepts, I argue that INGOs ought to maintain a reasonably wide distribution of resources. Second, I argue that even if one is a consequentialist, consequentialism ought not act as an action guiding principle for INGOs. Third, I argue that additional moral reasons should influence decision making about INGO resource allocation. Namely, INGO decision making should attend to relational reasons, desert, respect for agency, concern for equity, and the importance of expressing a view of moral wrongs. (shrink)

As a bioethical and social issue, euthanasia has become in the 1990s what abor- tion was in the 1960s. Around the world, a de facto taboo on open discussion of the practice is seemingly falling by the wayside, as recognition increases that “active” euthanasia is taking place in spite of social and legal prohibitions. Euthanasia, or more specifically physician-assisted suicide, has become the most visible bioethical issue of the present era; and in the United States the debate has taken on (...) a prominence and urgency unprecedented in our nation's history. (shrink)

Around a third of men worldwide are circumcised. It is probably the most commonly performed surgical procedure. Circumcision is also one of the oldest forms of attempted human enhancement. It is and has been done for religious, social, aesthetic and health reasons.Circumcision has a variety of benefits and risks, many of which are discussed in this issue. There is some dispute about the magnitude and likelihood of these benefits and risks. Some argue that the risks outweigh the benefits and circumcision (...) should not be performed on children who are not competent to make their own decisions.If the risks of circumcision clearly outweighed the benefits, great harm has been done and is being done globally through this procedure. Around a third of all men would have been harmed. This is an extraordinary public health injury. Presumably, many would be entitled to compensation.The fact that relatively few people think that the situation is as bad as this indicates that most people implicitly believe that circumcision is not generally a significant harm, if a harm at all. One might thus conclude either that: It is not clear from existing evidence whether the risks of properly performed circumcision outweigh the benefits, or vice versa.Or 2. If circumcision is against the interests of an infant or young child, it is only mildly so.In general, people should make their own decisions about body modification and human enhancement when this is possible. Such an approach speaks in favour of waiting until a child becomes an adult to make his or her own decision about circumcision. And procedures which are not clearly in a child's interests should not be performed on that child. However, religious …. (shrink)

An interesting question, in both the moral and the legal context, is whether babies born of an infertility treatment-induced supernumerary pregnancy are properly considered to have been harmed. One might wonder how such a question could even arise in the face of data that clearly demonstrate that ITISP leaves an unduly large number of babies blind, deaf, and palsied, and facing lifelong disabilities. In fact, however, a number of arguments, based on the problem of collective form and two forms of (...) the so-called “nonidentity problem,” challenge the claim of harm in the ITISP context. The purpose of the present paper is to establish, as against these arguments, that harm has been imposed on the ITISP-damaged offspring. (shrink)

The article takes as its starting point the assumption that (a) competing accounts of moral rules should be judged by the distribution of benefits and burdens which would arise from everyone accepting these rules, and that (b) these benefits and burdens are understood in a way which has a substantial resource or freedom-based component. This starting point is compatible with contractualism and various forms of rule consequentialism, and will yield a morality in which people have significant freedoms. The main claim (...) of the article is that as a consequence of these freedoms, and because of phenomena connected with cost internalization, this morality will also impose strong constraints on harming and weak constraints on allowing harm. Thus the starting point ends up vindicating commonsense morality. (shrink)

Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent (...) tort feasors. Arguments for and against limiting the abilities of negligent tort feasors to spread such costs, thus imposing a penalty on them, are discussed. The conclusion reached is that further consideration of such a penalty is warranted. (shrink)

Attention and disruptive behavior disorders present considerable challenges for children and their parents. These challenges have led to the development of parenting programs; however, there is a paucity of literature that discusses the ethical dilemmas parent training researchers face. This article reviews ethical principles and professional standards relevant to parent training research and provides case material to illustrate the challenge of balancing ethical adherence and empirical rigor using three ethical issues that commonly arise in parent training research. In particular, this (...) article focuses on ethical issues surrounding confidentiality in a group setting, use of control groups, and limiting changes in medication/treatment status outside of the treatment protocol. (shrink)

ABSTRACT Public health communication campaigns have been credited with helping raise awareness of risk from chronic illness and new infectious diseases and with helping promote the adoption of recommended treatment regimens. Yet many aspects of public health communication interventions have escaped the scrutiny of ethical discussions. With the transference of successful commercial marketing communication tactics to the realm of public health, consideration of ethical issues becomes an essential component in the development and application of public health strategies. Ethical issues in (...) public health communication are explored as they relate to eight topics: ‘targeting’ and ‘tailoring’ public health messages to particular population segments; obtaining the equivalence of informed consent; the use of persuasive communication tactics; messages on responsibility and culpability; messages that apply to harm reduction; and three types of unintended adverse effects associated with public health communication activities that may label and stigmatise, expand social gaps, and promote health as a value. We suggest that an ethical analysis should be applied to each phase of the public health communication process in order to identify ethical dilemmas that may appear subtle, yet reflect important concerns regarding potential effects of public health communication interventions on individuals and society as a whole. (shrink)

The debate over how to best guide HIV-infected mothers in resource-poor settings on infant feeding is more than two decades old. Globally, breastfeeding is responsible for approximately 300,000 HIV infections per year, while at the same time, UNICEF estimates that not breastfeeding (formula feeding with contaminated water) is responsible for 1.5 million child deaths per year. The largest burden of these infections and deaths occur in Sub-Saharan Africa. Using this region as an example of the burden faced more generally in (...) other resource-poor settings, we contrast the evolution of the clinical standard of care for infant feeding with HIV-infected mothers in high-income countries to the current international clinical guidelines for HIV-infected mothers and infant feeding in resource-poor settings. While the international guidelines of exclusive breastfeeding for a 6-month period seem to offer the least-worst strategy for reducing mother-to-child transmission of HIV during infancy while conferring some immunity through breastfeeding post-6 months, we argue that the impact of the policy on mothers and healthcare workers on the ground is not well understood. The harm reduction approach on the level of health policy translates into a complicated, painful moral dilemma for HIV-positive mothers and those offering them guidance on infant feeding. We argue that the underlying socio-economic disparities that continue to fuel the need for a harm reduction policy on infant feeding and the harm to women and children justify: (1) that higher priority be given to solving the infant feeding dilemma with improved data on safe feeding alternatives, and (2) support of innovative, community-driven solutions that address the particular economic and cultural challenges that continue to result in HIV-transmission to children within these communities. (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)

São descritas Oficinas Terapêuticas conduzidas por psicólogos em um Centro de Atenção Psicossocial – álcool e drogas, direcionadas a adultos de ambos os sexos, usuários de álcool e/ou outras drogas. Seus objetivos principais eram proporcionar espaços de expressão, construção e transformação subjeti..