Suppose we discover how we could live for a thousand years, but in a way that made us unable to have children. Everyone chooses to live these long lives. After we all die, human history ends, since there would be no future people. Would that be bad? Would we have acted wrongly? Some pessimists would answer No. These people are saddened by the suffering in most people’s lives, and they believe it would be wrong to inflict such suffering on others (...) by having children. In earlier centuries, this bleak view was fairly plausible. But our successors would be able to prevent most human suffering. Some optimists would also answer No . . . These [views] are, I believe, deeply mistaken. Given what our successors could achieve in the next million or billion years, here and elsewhere in our galaxy, it would be likely to be very much worse if there were no future people. (shrink)

David Boonin presents a new account of the non-identity problem: a puzzle about our obligations to people who do not yet exist. He provides a critical survey of solutions to the problem that have been proposed, and concludes by developing an unorthodox alternative solution, one that differs fundamentally from virtually every other approach.

This is about the rights and wrongs of bringing people into existence. In a nutshell: sometimes what matters is not what would have happened to you, but what would have happened to the person who would have been in your position, even if that person never actually exists.

Challenging, with several powerful arguments, some of our deepest beliefs about rationality, morality, and personal identity, Parfit claims that we have a false view about our own nature. It is often rational to act against our own best interersts, he argues, and most of us have moral views that are self-defeating. We often act wrongly, although we know there will be no one with serious grounds for complaint, and when we consider future generations it is very hard to avoid conclusions (...) that most of us will find very disturbing. (shrink)

This paper argues that T.M. Scanlon’s contractualism can provide a solution to the non-identity problem. It first argues that there is no reason not to include future people in the realm of those to whom we owe justification, but that merely possible people are not included. It then goes on to argue that a person could reasonably reject a principle that left them with a barely worth living life even though that principle caused them to exist, and that current people (...) could not justify creating people with barely worth living lives on the grounds that it caused those people to exist. (shrink)

We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights (...) these important but neglected questions and offers novel answers to them in a systematic way, constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory.Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence. (shrink)

The illusory appeal of double effect -- The significance of intent -- Means and ends -- Blame.

Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than aggregative cost-benefit decision-making. (...) Focusing on T.M. Scanlon's version, this paper develops this basic choice of interpretation and recommends the ex ante version. The paper explains how contractualism is inconsistent with John Harsanyibad aggregationgood aggregation” that is both unavoidable and fully appropriate in public life. (shrink)