John Rawls’ method of reflective equilibrium is the most influential methodology in contemporary ethics.This paper argues that this influence is undeserved, for two reasons. First, reflective equilibrium fails to accomplish two tasks that give us reason to care about methodology. On the one hand, it fails to explain how (or whether) moral knowledge is possible.This is because the method is explicitly oriented towards the distinct (and less interesting) task of characterizing our moral sensibilities. On the other hand, the method fails (...) to provide an informative way of adjudicating central methodological debates in ethics. Second, where Rawls’ method –and the background methodology he uses to motivate it –do have substance, that substance is implausible. The role of dispositions in the method entails that it endorses obviously irrational inferences. Further, the method makes substantively implausible distinctions between the dispositions that are allowed to play a methodological role. Rawls' background methodology appeals to the idea of a psychology in ‘wide reflective equilibrium’. However, both formal and empirical path-dependence considerations strongly suggest that there is nothing even minimally determinate that is someone’s psychology in ‘wide reflective equilibrium’. I close by exploring salient attempts to salvage the spirit of reflective equilibrium by abandoning elements of Rawls’ approach. I argue that none of these attempts succeed. I conclude that appeal to the method of reflective equilibrium is not a helpful means of addressing pressing methodological questions in ethics. In a slogan, reflective equilibrium is methodologically irrelevant. (shrink)

This article examines the method of reflective equilibrium (RE) and its role in philosophical inquiry. It begins with an overview of RE before discussing some of the subtleties involved in its interpretation, including challenges to the standard assumption that RE is a form of coherentism. It then evaluates some of the main objections to RE, in particular, the criticism that this method generates unreasonable beliefs. It concludes by considering how RE relates to recent debates about the role of intuitions in (...) philosophy. (shrink)

This paper examines explore the issues of intergenerational equity raised by climate change. A number of different reasons have been suggested as to why current generations may legitimately favor devoting resources to contemporaries rather than to future generations. These - either individually or jointly - challenge the case for combating climate change. In this paper, I distinguish between three different kinds of reason for favoring contemporaries. I argue that none of these arguments is persuasive. My answer in each case appeals (...) to the concept of human rights. It maintains that a human rights-centered perspective to climate change enables us to address each of these reasons. (shrink)

In moral epistemology, the method of reflective equilibrium is often characterized in terms of intuitions or understood as a method for justifying intuitions. An analysis of reflective equilibrium and current theories of moral intuitions reveals that this picture is problematic. Reflective equilibrium cannot be adequately characterized in terms of intuitions. Although the method presupposes that we have initially credible commitments, it does not presuppose that they are intuitions. Nonetheless, intuitions can enter the process of developing a reflective equilibrium and, if (...) the process is successful, be justified. Since the method of reflective equilibrium does not essentially involve intuitions, it does not constitute a form of intuitionism in any substantial sense. It may be classified as intuitionist only in the minimal sense of not reducing justification to a matter of inference relations alone. (shrink)

Traditional logical reconstruction of arguments aims at assessing the validity of ordinary language arguments. It involves several tasks: extracting argumentations from texts, breaking up complex argumentations into individual arguments, framing arguments in standard form, as well as formalizing arguments and showing their validity with the help of a logical formalism. These tasks are guided by a multitude of partly antagonistic goals, they interact in various feedback loops, and they are intertwined with the development of theories of valid inference and adequate (...) formalization. This paper explores how the method of reflective equilibrium can be used for modelling the complexity of such reconstructions and for justifying the various steps involved. The proposed approach is illustrated and tested in a detailed reconstruction of the beginning of Anselm’s De casu diaboli. (shrink)

Taking Carnap’s classic exposition as a starting point, this paper develops a pragmatic account of the method of explication, defends it against a range of challenges and proposes a detailed recipe for the practice of explicating. It is then argued that confusions are involved in characterizing explications as definitions, and in advocating precising definitions as an alternative to explications. Explication is better characterized as conceptual re-engineering for theoretical purposes, in contrast to conceptual re-engineering for other purposes and improving exactness for (...) purely practical reasons. Finally, three limitations which call for further development of the method of explication are discussed. (shrink)

Carnap and Goodman developed methods of conceptual re-engineering known respectively as explication and reflective equilibrium. These methods aim at advancing theories by developing concepts that are simultaneously guided by pre-existing concepts and intended to replace these concepts. This paper shows that Carnap’s and Goodman’s methods are historically closely related, analyses their structural interconnections, and argues that there is great systematic potential in interpreting them as aspects of one method, which ultimately must be conceived as a component of theory development. The (...) main results are: an adequate method of conceptual re-engineering must focus not on individual concepts but on systems of concepts and theories; the linear structure of Carnapian explication must be replaced by a process of mutual adjustments as described by Goodman; Carnap’s condition of similarity can be analysed into two components, one securing a relation to the specific extensions of the pre-existing concepts, one regulating the transition to the new system of concepts; these two criteria of adequacy can be built into Goodman’s account of reflective equilibrium to ensure that the resulting concepts promote theoretical virtues while being sufficiently similar to the concepts we started out with. (shrink)

Many normative theorists want to contribute to making the world a better place. In recent years, it has been suggested that to realise this ambition one must start with an adequate description of real-life practices. To determine what should be done, however, one must also fundamentally criticise existing moral beliefs. The method of reflective equilibrium offers a way of doing both. Yet, its practical usefulness has been doubted and it has been largely ignored in the recent practical turn of normative (...) theorising. This paper offers a complementary methodology to the method of reflective equilibrium, referred to as Rawlsian constructivism, which brings forth its practical merits. With the support of Rawlsian constructivism, the method of reflective equilibrium becomes a tool for public reasoning about practical problems which aims to facilitate shared solutions. The process of reflective scrutiny is used, not in the search of moral truth, but rather to highlight what stands in the way of solutions to problems agents face in different domains of social life. The practical value lies in scrutinising reasons for action that are taken for granted, explicating new rationales for action and highlighting neglected points of agreement. The paper exemplifies this approach with a process of justifying individual obligations to combat climate change. Normative theorists who share the practical agenda have correctly noted the importance of bottom-up investigations of subject domains. This paper argues that the next step should be to utilise this version of the method of reflective equilibrium to explore the potential for morally progressive solutions to these problems. (shrink)

1 Knowledge and Justification This book is an investigation of one central problem which arises in the attempt to give a philosophical account of empirical ...

The precautionary approach has been widely considered reasonable for many issues in environmental policy, including climate change. It has also been recognized, however, that standard formulations of the precautionary principle suffer from many difficulties. An influential strategy to avoid these difficulties is to formulate a narrow version of the principle on the basis of the maximin rule. Rawls proposed that following the maximin rule can be rational under certain conditions. Defenders of this strategy argue that these conditions are approximated when (...) it comes to issues like climate change. In the first part of this paper, I argue that the Rawlsian conditions do not establish the unique rationality of the maximin rule, hence the precautionary principle cannot be defended on its basis. When the Rawlsian conditions are approximated, other principles can also lead to reasonable choices. In particular, a prioritarian principle can capture the precautionary approach and serve a useful role in climate change policy. I develop this proposal in the second part. (shrink)

Frank Knight (1921) famously distinguished the epistemic modes of certainty, risk, and uncertainty in order to characterize situations where deterministic, probabilistic or possibilistic foreknowledge is available. Because our probabilistic knowledge is limited, i.e. because many systems, e.g. the global climate, cannot be described and predicted probabilistically in a reliable way, Knight's third category, possibilistic foreknowledge, is not simply swept by the probabilistic mode. This raises the question how to justify possibilistic predictionsincluding the identication of the worst case. The development of (...) such a modal methodology is particularly vital with respect to predictions of climate change. I show that a methodological dilemma emerges when possibilistic predictions are framed in traditional terms and argue that a more nuanced conceptual framework, distinguishing dierent types of possibility, should be used in order to convey our uncertain knowledge about the future. The new conceptual scheme, however, questions the applicability of standard rules of rational decision-making, thus generating new challenges. (shrink)

Elgin has presented an extensive defence of reflective equilibrium embedded in an epistemology which focuses on objectual understanding rather than ordinary propositional knowledge. This paper has two goals: to suggest an account of reflective equilibrium which is sympathetic to Elgin’s but includes a range of further developments, and to analyse its role in an account of understanding. We first address the structure of reflective equilibrium as a target state and argue that reflective equilibrium requires more than an equilibrium in the (...) sense of a coherent position. On the one hand, the position also needs to be stable between a ‘conservative’ pull of input commitments and a ‘progressive’ pull of epistemic goals; on the other hand, reflective equilibrium requires that enough of the resulting commitments have some credibility independent of the coherence of the position. We then turn to the dynamics of reflective equilibrium, the process of mutual adjustment of commitments and theories. Here, the most pressing internal challenges for defenders of reflective equilibrium arise: to characterize this process more exactly and to explain its status in relation to reflective equilibrium as a target state. Finally, we investigate the role of reflective equilibrium in Elgin’s account of understanding and argue that objectual understanding cannot be explained in terms of reflective equilibrium alone. An epistemic agent who understands a subject matter by means of a theory also needs to be able to use this theory and the theory needs to meet some external rightness condition. (shrink)

The paper explores whether the method of reflective equilibrium (RE) in ethics and political philosophy should be individual or public in character. I defend a modestly public conception of RE, in which public opinion is used specifically as a source of considered judgments about cases. Public opinion is superior to philosophical opinion in delivering judgments that are untainted by principled commitments. A case-based approach also mitigates the methodological problems that commonly confront efforts to integrate philosophy with the investigation of popular (...) attitudes. This conception of RE is situated in relation to alternative accounts, including those of Daniels, Rawls, and Wolff and de-Shalit. (shrink)

A platitude that took hold with Kuhn is that there can be several equally good ways of balancing theoretical virtues for theory choice. Okasha recently modelled theory choice using technical apparatus from the domain of social choice: famously, Arrow showed that no method of social choice can jointly satisfy four desiderata, and each of the desiderata in social choice has an analogue in theory choice. Okasha suggested that one can avoid the Arrow analogue for theory choice by employing a strategy (...) used by Sen in social choice, namely, to enhance the information made available to the choice algorithms. I argue here that, despite Okasha’s claims to the contrary, the information-enhancing strategy is not compelling in the domain of theory choice. (shrink)

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

With this third edition of Nelson Goodman's The Structure of Appear ance, we are pleased to make available once more one of the most in fluential and important works in the philosophy of our times. Professor Geoffrey Hellman's introduction gives a sustained analysis and appreciation of the major themes and the thrust of the book, as well as an account of the ways in which many of Goodman's problems and projects have been picked up and developed by others. Hellman also (...) suggests how The Structure of Appearance introduces issues which Goodman later continues in his essays and in the Languages of Art. There remains the task of understanding Good man's project as a whole; to see the deep continuities of his thought, as it ranges from logic to epistemology, to science and art; to see it therefore as a complex yet coherent theory of human cognition and practice. What we can only hope to suggest, in this note, is the b. road Significance of Goodman's apparently technical work for philosophers, scientists and humanists. One may say of Nelson Goodman that his bite is worse than his bark. Behind what appears as a cool and methodical analysis of the conditions of the construction of systems, there lurks a radical and disturbing thesis: that the world is, in itself, no more one way than another, nor are we. It depends on the ways in which we take it, and on what we do. (shrink)

The method of reflective equilibrium focuses on the relationship between principles and judgments. Principles are relatively general rules for comprehending the area of enquiry. Judgments are our intuitions or commitments, ‘at all levels of generality’ (Rawls 1975: 8), regarding the subject matter. The basic idea of reflective equilibrium is to bring principles and judgments into accord. This can be achieved by revising the principles and/or the judgments. -/- I first look at normative political judgments (Section 2) before considering the role (...) of principles, arguments, devices of representation and background theory in wide reflective equilibrium (Section 3). I then consider two of the main challenges to the method (Section 4), and show how to use it to deliberate about substantive political principles (Section 5). I conclude with an extended example of the method in action (Section 6). (shrink)

There are many uses in English of the word “ought” (see Ought). This essay concerns the normative uses and the concepts or properties denoted thereby. In particular, it concerns two nonfinal oughts commonly used in the philosophical literature: prima facie oughts and pro tanto oughts.

This encyclopedia entry urges what it takes to be correctives to common (mis)understandings concerning the phenomenon of incommensurability and incomparability and briefly outlines some of their philosophical upshots.

Geoengineering – roughly “the intentional manipulation of the planetary systems at a global scale” (Keith 2000) – to combat climate change is often introduced as a “plan B”: an alternative solution in case “plan A”, reducing emissions, fails. This framing is typically deployed as part of an argument that research and development is necessary in case robust conventional mitigation is not forthcoming, or proves insufficient to prevent dangerous climate impacts. Since coming to prominence with the release of the Royal Society (...) report in 2009 (Shepherd et al. 2009, v), the Plan B framing has proved popular with scientists, in policy circles, and in the news media (see Nerlich and Jaspal 2012; Luokkanen, Huttunen, and Hilden 2014). Though sometimes used to refer to geoengineering as a whole, it is associated particularly strongly with stratospheric sulfate injection (SSI) techniques. Consequently, these will be our focus here. We argue that the plan B framing is particularly ill-suited to the integrative assessment of options within climate policy, because it oversimplifies a complex issue in a misleading and deceptive way. For instance, it highlights extreme positions, presents SSI as an alternative independent from mainstream policies, ignores the multiplicity of options available, and neglects threats of morally indecent SSI in a context of ongoing political inertia. We are particularly concerned about the way ‘Plan B’ risks conveying an implicit hyper-optimism about SSI, and so obscures the need for ethical standards. (shrink)

How should we choose between competing explanatory stories? -- Against monism -- Against Rossian pluralism -- Non-Rossian pluralism -- The question of scope, part I: distributive moral concerns -- The question of scope, part II: non-distributive moral concerns -- Doing harm and failing to rescue -- The distribution of health care resources.

We are living in a climate of risk. Our way of life imposes risks on ourselves and others. We are causing climatic changes that have the potential to change radically the conditions under which both we - the presentgeneration - and future generations will live. While we are now quite certain that climate change is happening, we are unsure of exactly what will happen and when, given different emissions and policy scenarios. We are therefore in a position where we must (...) decide what to do about the risks climate change threatens in the face of a range of uncertainties In this book, Lauren Hartzell-Nichols provides guidance in the face of this uncertainty by offering an in-depth discussion of how and why we ought to take a precautionary approach to climate policy, namely by appeal to a Catastrophic Precautionary Principle and Catastrophic Precautionary Decision-Making Framework. By examining the way in which climate change is harmful, Hartzell-Nichols shows how precaution does have a meaningful role to play in moving climate policy forward if we reconsider what precaution is about before too quickly appealing to precaution as a reason or justification for action. A Climate of Risk takes a philosophically grounded, interdisciplinary approach that will appeal to a broad scholarly and policy-oriented audience. Hartzell-Nichols's reinterpretation of the precautionary principle enables precaution to be more effectively leveraged as a driver of action on climate change. (shrink)

Climate change creates unprecedented problems of intergenerational justice. What do members of the current generation owe to future generations in virtue of the contribution they are making to climate change? Providing important new insights within the theoretical framework of political liberalism, Climate Change and Future Justice presents arguments in three key areas: Mitigation: the current generation ought to adopt a strong precautionary principle in formulating climate change policy in order to minimise the risks of serious harm from climate change imposed (...) on future generations Adaptation: the current generation ought to create a fund to which members of future generations may apply for compensation if the risks of climate change harm imposed on them by the current generation ripen into harms Triage: future generations ought to keep alive hope for a return to the framework of justice for the social cooperation of future people less burdened by climate change harms. This work presents agenda-setting applications of important principles of democratic equality to the most serious set of political challenges ever faced by human society. It should be required reading for political theorists and environmental philosophers. (shrink)

Philosophy long sought to set knowledge on a firm foundation, through derivation of indubitable truths by infallible rules. For want of such truths and rules, the enterprise foundered. Nevertheless, foundationalism's heirs continue their forbears' quest, seeking security against epistemic misfortune, while their detractors typically espouse unbridled coherentism or facile relativism. Maintaining that neither stance is tenable, Catherine Elgin devises a via media between the absolute and the arbitrary, reconceiving the nature, goals, and methods of epistemology. In Considered Judgment, she argues (...) for a reconception that takes reflective equilibrium as the standard of rational acceptability. A system of thought is in reflective equilibrium when its components are reasonable in light of one another, and the account they comprise is reasonable in light of our antecedent convictions about the subject it concerns. Many epistemologists now concede that certainty is a chimerical goal. But they continue to accept the traditional conception of epistemology's problematic. Elgin suggests that in abandoning the quest for certainty we gain opportunities for a broader epistemological purview--one that comprehends the arts and does justice to the sciences. She contends that metaphor, fiction, emotion, and exemplification often advance understanding in science as well as in art. The range of epistemology is broader and more variegated than is usually recognized. Tenable systems of thought are neither absolute nor arbitrary. Although they afford no guarantees, they are good in the way of belief. (shrink)

In this article, we develop an approach for the moral assessment of research and development networks on the basis of the reflective equilibrium approach proposed by Rawls and Daniels. The reflective equilibrium approach aims at coherence between moral judgments, principles, and background theories. We use this approach because it takes seriously the moral judgments of the actors involved in R & D, whereas it also leaves room for critical reflection about these judgments. It is shown that two norms, namely reflective (...) learning and openness and inclusiveness, which are used in the literature on policy and technological networks, contribute to achieving a justified overlapping consensus. We apply the approach to a case study about the development of an innovative sewage treatment technology and show how in this case the two norms are or could be instrumental in achieving a justified overlapping consensus on relevant moral issues. (shrink)

Comparisons of rival explanations or theories often involve vague appeals to explanatory power. In this paper, we dissect this metaphor by distinguishing between different dimensions of the goodness of an explanation: non-sensitivity, cognitive salience, precision, factual accuracy and degree of integration. These dimensions are partially independent and often come into conflict. Our main contribution is to go beyond simple stipulation or description by explicating why these factors are taken to be explanatory virtues. We accomplish this by using the contrastive-counterfactual approach (...) to explanation and the view of understanding as an inferential ability. By combining these perspectives, we show how the explanatory power of an explanation in a given dimension can be assessed by showing the range of answers it provides to what-if-things-had-been-different questions and the theoretical and pragmatic importance of these questions. Our account also explains intuitions linking explanation to unification or to exhibition of a mechanism. (shrink)

Present laws and regulations even in democratic countries are not sufficient to prevent the grave environmental threats we face. Further, even environmental ethics, when they remain anthropocentric cannot propose a better approach. I argue that, taking in considerations the precautionary principle, and adopting the perspective of post-normal science, the ethics of integrity suggest a better way to reduce ecological threats and promote the human good globally.

Recent years have seen a rekindling of interest in the method of reflective equilibrium. Most of this attention has been suspicious, however. Critics have alleged that the method is nothing more than a high-minded brand of navel-gazing, that it suffers from all the classic problems of inward-looking coherence theories, and that it overestimates the usefulness of self-scrutiny. In this paper I argue that these criticisms miss their mark because they labor under crucial misconceptions about the method of reflective equilibrium. In (...) defending reflective equilibrium I put forward a handful of theses about the nature of inquiry (or, more generally, norm-governed enterprises) that form the backdrop to the method. The critics’ objections fall short, I argue, because they do not recognize reflective equilibrium’s embrace of these theses. Confronting these objections and understanding why they fail brings us to a better understanding what, exactly, the method of reflective equilibrium is. The answer I come to in the final section of the paper is that the method of reflective equilibrium is not, exactly, anything. It is a mistake to try to give a positive characterization of the view, to identify it with a concern with a particular species of data, particular procedures and methods, or even a particular conception of normative success. Instead, it should be understood as the denial of essentialism about just these matters—as a form of anti-essentialism about our epistemic inputs, methods, and goals. (shrink)

Respect for autonomy is well known as a core element of normative views on good care. Most often it is interpreted in a liberal way, with a focus on independence and self-determination. In this article we argue that this interpretation is too narrow in the context of care in nursing homes. With the aim of developing an alternative view on respect for autonomy in this setting we described four interpretations and investigated the moral intuitions (i.e. moral judgements) of caregivers regarding (...) these approaches. We found that these caregivers seemed to value different notions relating to respect for autonomy under different circumstances. There was no significant difference in moral judgements between men and women or between doctors and nurses. We conclude that a multidimensional understanding of this principle would best fit this context. We end this article with a description of a modest theory of respect for autonomy in nursing homes. (shrink)

A recurrent issue in the vast amount of literature on reasoning models in ethics is the role and nature of moral intuitions. In this paper, we start from the view that people who work and live in a certain moral practice usually possess specific moral wisdom. If we manage to incorporate their moral intuitions in ethical reasoning, we can arrive at judgements and (modest) theories that grasp a moral experience that generally cannot be found outside the practice. Reflective equilibrium (RE) (...) provides a framework for balancing moral intuitions, ethical principles and general theories. Nevertheless, persisting problems associated with the use of intuitions need to be addressed. One is the objection that moral intuitions lack the credibility necessary to guide moral reasoning. Ethicists have tried to solve this problem by formulating criteria to separate the “bad” intuitions from the “good” ones at the beginning of the reasoning process. We call this the credible input-justified outcome strategy. An example is the appeal to the common morality by Beauchamp and Childress. We think this approach is unsuccessful. As an alternative, we outline the good reasoning-justified outcome strategy. It connects to a variant of RE in which intuitions from different sources are incorporated. We argue that the elements of RE have different levels of justificatory power at the start of reasoning. In our strategy, each element can gain or lose justificatory power when it is tested in a reasoning process that meets several criteria. (shrink)

The precautionary principle states, roughly, that it is better to take precautionary measures now than to deal with serious harms to the environment or human health later on. This paper builds on the work of Neil A. Manson in order to show that the precautionary principle, in all of its forms, is fraught with vagueness and ambiguity. We examine the version of the precautionary principle that was formulated at the Wingspread Conference sponsored by the Science and Environmental Health Network in (...) 1998. That version fails to indicate who must bear the cost of precaution; what constitutes a threat of harm; how much precaution is too much; and what should be done when environmental concerns and concern for human health pull in different directions. Whether this vagueness is a strength or weakness of the principle depends on what purpose(s) the precautionary principle is supposed to serve. (shrink)

This chapter focuses on finding better ways to conceptualize precaution. Precaution has now become an established principle of environmental governance, although it has not been distinguished from conventional risk assessment. It has been considered by some as the antithesis of risk assessment in the sense that it is done to avoid serious potential harm, without scientific certainty as to the likelihood, magnitude, or causation of that harm. The first and foremost task of this chapter is to show that these concepts (...) are non-overlapping. It also elaborates on the reasons why precaution should be taken seriously, and that, on the flipside, traditional risk assessment, or cost-benefit analysis, does not take precaution seriously because of its pervasive nature. This fact represents the ascendancy of a decision-making calculus that grew out of twentieth-century British moral theory and culminated in 1944 with the presentation of the doctrine now familiarly known as the theory of expected utility. (shrink)

... View (i) The Thesis of Essential Contestedness The view that freedom and other ideals such as justice are essentially contested is important, ...

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

This article examines the relationship between the precautionary principle and the well-known Hill criteria of causation. Some have charged that the Hill criteria are anti-precautionary because the...

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 paper the coherence of the precautionary principle as a guide to public health policy is considered. Two conditions that any account of the principle must meet are outlined, a condition of practicality and a condition of publicity. The principle is interpreted in terms of a tripartite division of the outcomes of action . Such a division of outcomes can be justified on either “consequentialist” or “deontological” grounds. In the second half of the paper, it is argued that the (...) precautionary principle is not necessarily opposed to risk–cost–benefit analysis, but, rather, should be interpreted as suggesting a lowering of our epistemic standards for assessing evidence that there is a link between some policy and “special bad” outcomes. This suggestion is defended against the claim that it mistakes the nature of statistical testing and against the charge that it is unscientific or antiscientific, and therefore irrational. (shrink)

The precautionary principle is frequently invoked in environmental law and policy, and the debate around the principle indicates that there is little agreement on what 'taking precautions' means. The purpose of the present paper is to provide an improved conceptual foundation for this debate in the form of an explication of the concept of precaution. Distinctions between precaution and two related concepts, prevention and pessimism, are briefly discussed. The concept of precaution is analysed in terms of precautionary actions. It is (...) argued that precautionary actions are implicitly assumed to be precautionary with respect to something, and that this assumption should be made explicit. A definition of a precautionary action involving three necessary and jointly sufficient conditions (intentionality, uncertainty and reasonableness) is proposed, and the implications of this analysis for the debate on the precautionary principle are discussed. (shrink)

Precautionary Principles are often said to be appropriate for decision-making in contexts of uncertainty such as climate policy. Contexts of uncertainty are contrasted to contexts of risk depending on whether we have probabilities or not. Against this view, I argue that the risk-uncertainty distinction is practically irrelevant. I start by noting that the history of the distinction between risk and uncertainty is more varied than is sometimes assumed. In order to examine the distinction, I unpack the idea of having probabilities, (...) in particular by distinguishing three interpretations of probability: objective, epistemic, and subjective probability. I then claim that if we are concerned with whether we have probabilities at all—regardless of how low their epistemic credentials are—then we almost always have probabilities for policy-making. The reason is that subjective and epistemic probability are the relevant interpretations of probability and we almost always have subjective and epistemic probabilities. In contrast, if we are only concerned with probabilities that have sufficiently high epistemic credentials, then we obviously do not always have probabilities. Climate policy, for example, would then be a case of decision-making under uncertainty. But, so I argue, we should not dismiss probabilities with low epistemic credentials. Rather, when they are the best available probabilities our decision principles should make use of them. And, since they are almost always available, the risk-uncertainty distinction remains irrelevant. (shrink)

The precautionary principle is a useful strategy for decision-making when physicians and patients lack evidence relating to the potential outcomes associated with various choices. According to a version of the principle defended here, one should take reasonable measures to avoid threats that are serious and plausible. The reasonableness of a response to a threat depends on several factors, including benefit vs. harm, realism, proportionality, and consistency. Since a concept of reasonableness plays an essential role in applying the precautionary principle, this (...) principle gives physicians and patients a decision-making strategy that encourages the careful weighing and balancing of different values that one finds in humanistic approaches to clinical reasoning. Properly understood, the principle presents a worthwhile alternative to approaches to clinical reasoning that apply expected utility theory to decision problems. (shrink)