Imposing pure risks—risks that do not materialise into harm—is sometimes wrong. The Harm Account explains this wrongness by claiming that pure risks are harms. By contrast, The Autonomy Account claims that pure risks impede autonomy. We develop two objections to these influential accounts. The Separation Objection proceeds from the observation that, if it is wrong to v then it is sometimes wrong to risk v‐ing. The intuitive plausibility of this claim does not depend on any account of the facts that (...) ground moral wrongness. This suggests a close relationship between the factors that make an act wrong and the factors that make risking that act wrong, which both accounts fail to recognise. The Determinism Objection holds that both accounts fail to explain the wrongness of pure risks in a deterministic world. We then develop an alternative—The Buck‐Passing Account—that withstands both objections. (shrink)

What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...) of thing that can be impermissible. Unless imposing risk can be impermissible after all, unjustified risking is literally impossible. In this discussion, I explore what I call the moral significance of risking, arguing that the moral significance of risking resides in a certain kind of nonmaterial autonomy interest that is implicated whenever one imposes risk of harm on another. (shrink)

Death.--The absurd.--Moral luck.--Sexual perversion.--War and massacre.--Ruthlessness in public life.--The policy of preference.--Equality.--The fragmentation of value.--Ethics without biology.--Brain bisection and the unity of consciousness.--What is it like to be a bat?--Panpsychism.--Subjective and objective.

I argue that riskier killings of innocent people are, other things equal, objectively worse than less risky killings. I ground these views in considerations of disrespect and security. Killing someone more riskily shows greater disrespect for him by more grievously undervaluing his standing and interests, and more seriously undermines his security by exposing a disposition to harm him across all counterfactual scenarios in which the probability of killing an innocent person is that high or less. I argue that the salient (...) probabilities are the agent’s sincere, sane, subjective probabilities, and that this thesis is relevant whether your risk-taking pertains to the probability of killing a person or to the probability that the person you kill is not liable to be killed. I then defend the view’s relevance to intentional killing; show how it differs from an account of blameworthiness; and explain its significance for all-things-considered justification and justification under uncertainty. (shrink)

I argue that there are non-trivial objective chances (that is, objective chances other than 0 and 1) even in deterministic worlds. The argument is straightforward. I observe that there are probabilistic special scientific laws even in deterministic worlds. These laws project non-trivial probabilities for the events that they concern. And these probabilities play the chance role and so should be regarded as chances as opposed, for example, to epistemic probabilities or credences. The supposition of non-trivial deterministic chances might seem to (...) land us in contradiction. The fundamental laws of deterministic worlds project trivial probabilities for the very same events that are assigned non-trivial probabilities by the special scientific laws. I argue that any appearance of tension is dissolved by recognition of the level-relativity of chances. There is therefore no obstacle to accepting non-trivial chance-role-playing deterministic probabilities as genuine chances. (shrink)

We review the question of whether objective chances are compatible with determinism. We first outline what we mean by chance and what we mean by determinism. We then look at the alleged incompatibility between those concepts. Finally, we look at some ways that one might attempt to overcome the incompatibility.

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

The Twentieth Century has seen a dramatic rise in the use of probability and statistics in almost all fields of research. This has stimulated many new philosophical ideas on probability. _Philosophical Theories of Probability_ is the first book to present a clear, comprehensive and systematic account of these various theories and to explain how they relate to one another. Gillies also offers a distinctive version of the propensity theory of probability, and the intersubjective interpretation, which develops the subjective theory.

This first volume in the four-volume series The Moral Limits of the Criminal Law focuses on the "harm principle," the commonsense view that prevention of harm to persons other than the perpetrator is a legitimate purpose of criminal legislation. Feinberg presents a detailed analysis of the concept and definition of harm and applies it to a host of practical and theoretical issues, showing how the harm principle must be interpreted if it is to be a plausible guide to the lawmaker.

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)

Standard theories of liability say that X is liable to Y only if Y was harmed, only if X caused Y harm, and (usually) only if X was at fault. This article offers a series of criticisms of each of these claims, and use them to construct an alternative theory of liability in which the nature of X's having imposed a risk of harm on Y is central to the question of when X is liable to Y, and for how (...) much. The article ends with some conjectures on ignorance as an excusing condition. (shrink)