Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This paper (...) provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (shrink)

Traditionally, moral philosophers have distinguished between doing and allowing harm, and have normally proceeded as if this bipartite distinction can exhaustively characterize all cases of human conduct involving harm. By contrast, cognitive scientists and psychologists studying causal judgment have investigated the concept ‘enable’ as distinct from the concept ‘cause’ and other causal terms. Empirical work on ‘enable’ and its employment has generally not focused on cases where human agents enable harm. In this paper, we present (...) new empirical evidence to support the claim that some important cases in the moral philosophical literature are best viewed as instances of enabling harm rather than doing or allowing harm. We also present evidence that enabling harm is regarded as normatively distinct from doing and allowing harm when it comes to assigning compensatory responsibility. Moral philosophers should be exploring the tripartite distinction between doing harm, allowing harm, and enabling harm, rather than simply the traditional bipartite distinction. Cognitive scientists and psychologists studying moral judgment, who have so far largely adopted the bipartite distinction in this area of research, should likewise investigate the tripartite distinction. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the first of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the analysis of the distinction between doing and allowing harm. I explore some (...) of the most prominent attempts to analyse this distinction:. Philippa Foot’s sequence account, Warren Quinn’s action/ inaction account, and counterfactual test accounts put forward by Shelly Kagan and Jonathan Bennett. I also discuss Jeff McMahan’s account of the removal of barriers to harm. I argue that analysis of the distinction has often been made more difficult by two mistaken assumption: (1) the assumption that when an agent does or allows harm his behaviour makes the difference to whether or not the harm occurs (2) the assumption that the distinction between doing and allowing and the distinction between action and inaction are interchangeable. I suggest that Foot’s account is the most promising account of the doing/allowing distinction, but that it requires further development. (shrink)

According to the Doctrine of Doing and Allowing, the distinction between doing and allowing harm is morally significant. Doing harm is harder to justify than merely allowing harm. This paper is the second of a two paper critical overview of the literature on the Doctrine of Doing and Allowing. In this paper, I consider the moral status of the distinction between doing and allowing harm. I look (...) at objections to the doctrine such as James’ Rachels’ Wicked Uncle Case and Jonathan Bennett’s argument that any acceptable analysis of the distinction leaves it implausible that the distinction is morally relevant. I consider putative defences of the Doctrine from Philippa Foot and Warren Quinn. I argue that neither Foot not Quinn provides a satisfactory justification of the Doctrine of Doing and Allowing, but that the idea of self-ownership discussed by Quinn can be developed to provide a justification of the doctrine. (shrink)

Philosophers debate over the truth of the Doctrine of Doing and Allowing, the thesis that there is a morally significant difference between doing harm and merely allowing harm to happen. Deontologists tend to accept this doctrine, whereas consequentialists tend to reject it. A robust defence of this doctrine would require a conceptual distinction between doing and allowing that both matches our ordinary use of the concepts in a wide range of cases and (...) enables a justification for the alleged moral difference. In this article, I argue not only that a robust defence of this doctrine is available, but also that it is available within a consequentialist framework. (shrink)

I defend the Doctrine of Doing and Allowing: the claim that doing harm is harder to justify than merely allowing harm. A thing does not genuinely belong to a person unless he has special authority over it. The Doctrine of Doing and Allowing protects us against harmful imposition – against the actions or needs of another intruding on what is ours. This protection is necessary for something to genuinely belong to a person. (...) The opponent of the Doctrine must claim that nothing genuinely belongs to a person, even his own body. (shrink)

In a recent article, Xiaofei Liu seeks to defend, from the standpoint of consequentialism, the Doctrine of Doing and Allowing: DDA. While there are various conceptions of DDA, Liu understands it as the view that it is more difficult to justify doing harm than allowing harm. Liu argues that a typical harm doing involves the production of one more evil and one less good than a typical harm allowing. Thus, prima (...) facie, it takes a greater amount of good to justify doing a certain harm than it does to justify allowing that same harm. In this reply, I argue that Liu fails to show, from within a consequentialist framework, that there is an asymmetry between the evils produced by doing and allowing harm. I conclude with some brief remarks on what may establish such an asymmetry. (shrink)

In Responding to Global Poverty: Harm, Responsibility, and Agency, Christian Barry and Gerhard Øverland address the two types of argument that have dominated discussion of the responsibilities of the affluent to respond to global poverty. The second type of argument appeals to ‘contribution-based responsibilities’: the affluent have a duty to do something about the plight of the global poor because they have contributed to that plight. Barry and Øverland rightly recognize that to assess contribution-based responsibility for global poverty, we (...) need to understand what it is for an agent to contribute to harm rather than merely failing to prevent it. Barry and Øverland argue that we should replace the traditional bipartite distinction doing and allowing with a bipartite distinction between doing, allowing and enabling. I argue that their discussion represents a significant contribution to this debate. However, more detail on their key ideas of ‘relevant action’ and ‘complete causal process’ is needed. Moreover, in cases involving the removal of barriers, the non-need based claims of those involved matter. (shrink)

In Brazil, the social demand for veterinary expertise is growing. However, there is still a shortage of professionals trained in this area to apply specific knowledge to each case. Studies and research into forensic veterinary medicine are necessary for veterinary experts to assist in investigations and legal proceedings. Veterinary medicine has subjects on its curriculum that cover the knowledge needed to apply in the fields of animal health, public health and the environment. The interaction between human and veterinary medicine, as (...) well as other areas of health, is of great importance in the prevention and control of various diseases, both in animals and humans. Some cases of infectious bovine abortion have a major impact not only on cattle farming and animal health, but also on public and environmental health. The concept of "One Health" integrates human medicine and health professionals. In this context, knowledge of infectious abortive diseases that affect animal, human and environmental health is fundamental. Cattle are affected by specific infectious abortive diseases, caused by pathogens with different forms of presentation and transmission mechanisms. These include brucellosis, leptospirosis and listeriosis, which are potentially zoonotic diseases. Controlling these diseases can contribute to effective public health actions and reduce global health risks. In order to establish the diagnosis of these diseases, it is essential to properly collect specimens from live or dead animals under biosafety and biosecurity conditions, following the chain of custody for each case. These procedures allow for greater success in diagnosing the suspected agent and facilitate the investigation of other causes. Animal health standards for the prophylaxis and control of these diseases are established by specific legislation, including those of the Ministry of Agriculture, Livestock and Supply (MALS). This literature review was based on current knowledge on the Pubmed platform, Google Scholar, articles and textbooks. The aim of this article is to identify, understand and discuss the main infectious abortive diseases of cattle in the legal and forensic context, which have an impact on cattle farming, animal health, food safety, public and environmental health. -/- Referências bibliográficas Abdullah, N. M., Mohammad, W. M. Z. W., Shafei, M. N., Sukeri, S., Idris, Z., Arifin, W. N., Nozmi, N., Saudi, S. N. S., Samsudin, S., & Zainudin, A.-W. (2019). Leptospirosis and its prevention: knowledge, attitude and practice of urban community in Selangor, Malaysia. BMC Public Health, 19(1), 1–8. Agrimani, D. S. R., Rui, B. R., Cruz, I. V, Romano, R. M., & Lopes, H. C. (2011). 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R., Zylbersztajn, A., & Avila-Pires, F. D. (2004). Evolução histórica da medicina veterinária preventiva e saúde pública. Ciência Rural, 34(5), 1661–1668. Pinillos, R. G. (2018). One welfare: A framework to improve animal welfare and human well-being. Cabi. Poester, F. P., Goncalves, V. S. P., & Lage, A. P. (2002). Brucellosis in Brazil. Veterinary Microbiology, 90(1–4), 55–62. Porto, Y. F., Pinto Neto, A., Bernardi, F., Possa, M. G., Mota, M. F., Martinez, A. C., Merlini, L. S., & Berber, R. C. (2018). Occurrence of brucellosis, leptospirosis and neosporosis in cows with retained placenta in Southwest Paraná, Brazil. Pesquisa Veterinária Brasileira, 38(8), 1537–1542. Radostits, O. M., Gay, C. C., Blood, D. C., Hinchcliff, K. W., & McKenzie, R. A. (2010). Clínica Veterinária: um tratado de doenças dos bovinos, ovinos, suínos, caprinos e eqüinos (Vol. 1). Guanabara Koogan. Ramos, T. M. V., Balassiano, I. T., Silva, T. S. M., & Nogueira, J. M. R. (2022). Leptospirose: Características da enfermidade em humanos e principais técnicas de diagnóstico laboratorial. Revista Brasileira de Análises Clínicas, 53(3), 211–218. Ribeiro, A. C. A., Araújo, R. V., Rosa, A. S. M., Silva, P. N., Moraes, S. C., & Katagiri, S. (2020). Zoonoses e educação em saúde: Conhecer, compartilhar e multiplicar. Brazilian Journal of Health Review, 3(5), 12785–12801. Rocha, C. F., Mol, J. P. S., Garcia, L. N. N., Costa, L. F., Santos, R. L., & Paixão, T. A. (2017). Comparative experimental infection of Listeria monocytogenes and Listeria ivanovii in bovine trophoblasts. Plos One, 12, 1–13. Rocha, N. S. (2017). Corpo de delito e processos por erro médico veterinário. In R. A. Tostes, S. T. J. Reis, & V. V Castilho (Eds.), Tratado de medicina veterinária legal. Medvep. Rossi, M., Paiva, A., Tornese, M., Chianelli, S., & Troncoso, A. (2008). Brotes de infección por Listeria monocytogenes: Una revisión de las vias que llevan a su aparición. 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Antibodies to Leptospira interrogans in goats and risk factors of the disease in Santa Catarina (West side), Brazil. Research in Veterinary Science, 99, 53–57. Tremori, T. M., & Rocha, N. S. (2013). Exame do corpo de delito na Perícia Veterinária (ensaio). Revista de Educação Continuada em Medicina Veterinária e Zootecnia do CRMV-SP, 11(3), 30–35. Urzêda, M., Ribeiro, P. G. M., Nascente, E. P., Espíndola, W. R., Teodoro, J. V. S., Gonçalves, G. B., Carneiro, Y. F., & Souza, W. J. (2020). Soroprevalência de leptospirose em fêmeas bovinas na microrregião do Vale Do Rio Dos Bois, Goiás, Brasil. Brazilian Journal of Development, 6(9), 69614–69622. Vallim, D. C., Barroso Hofer, C., Lisbôa, R. de C., Barbosa, A. V., Rusak, L. A., Reis, C. M. F., & Hofer, E. (2015). Twenty years of Listeria in Brazil: Occurrence of Listeria species and Listeria monocytogenes serovars in food samples in Brazil between 1990 and 2012. BioMed Research International, 2015. Vasconcelos, C. H., Fonseca, F. 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Attempts to defend the moral significance of the distinction between doing and allowing harm directly have left many unconvinced. I give an indirect defence of the moral significance of the distinction between doing and allowing, focusing on the agent's duty to reason in a way that is responsive to possible harmful effects of their behaviour. Due to our cognitive limitations, we cannot be expected to take all harmful consequences of our behaviour into account. We are (...) required to be responsive to harmful consequences that have some feature that makes it easy for us to become aware of them. I show that, under Jonathan Bennett's analysis of the doing/allowing distinction, harm that is incidentally done has such a feature, which is not shared by harm that is incidentally allowed. Any plausible analysis of the doing/allowing distinction will entail a similar asymmetry. It follows that, prima facie, an agent who incidentally does harm has violated a moral requirement (the deliberative requirement) which an agent who incidentally allows harm has not violated. 1. (shrink)

According to an argument commonly made by politicians, selling weapons to oppressive and aggressive regimes can sometimes be permissible because the sale renders the victims of these regimes no worse off than they would have been had the sale not been made. We can refer to this argument as the inconsequence argument. My primary aim in this article is to identify one reason why the inconsequence argument will often not succeed in vindicating arms sales to oppressive and aggressive regimes. The (...) inconsequence argument will often not succeed because arms sales to oppressive and aggressive regimes often do make the victims of these regimes worse off than they would have been had the sales not gone ahead. The victims of these regimes are often made worse off in virtue of the fact that arms sales can generate expressed harms, which, unlike some of the material harms often engendered by such sales, are additive (rather than substitutive) in character. As I shall explain, expressed harms are similar to, but also significantly different from, expressive harms. The differences are important because they allow us to construct a reply that can answer the inconsequence argument on its own (consequentialist) terms. (shrink)

In this paper, I propose a solution to a challenge formulated by Judith Jarvis Thomson: We have to explain why the moral asymmetry between doing and allowing harm is a deep feature of our moral thinking. In a nutshell, my solution is this: It could not be otherwise. Accepting the asymmetry is indispensable for the construction and maintenance of stable moral communities. -/- My argument centrally involves mental resource management. Moral communities depend on their members’ commitment to (...) moral norms. And, I argue, community members can only be committed to these norms in the required ways without overextending their mental resources if morality contains the doing/allowing asymmetry. -/- This has two noteworthy implications. Firstly, we can and should stop discussing the asymmetry in normative ethics and, instead, regard it as “moral axiom” we cannot but accept. Secondly, even consequentialists have to accept the asymmetry but, by doing so, their view loses part of its intuitive appeal. Lastly, I turn to an objection. One might think that my indispensability argument confuses issues in moral psychology with issues in normative ethics. I reject the objection on broadly pragmatist grounds. (shrink)

Tanto desde el punto de vista teórico como desde una perspectiva práctica, el fenómeno de la "estetización" no parece ser portador de buenos augurios. En el ámbito teórico, la estetización ha sido vinculada con la crisis de los discursos orientados en términos de verdad, mientras que en el terreno práctico, ella ha sido asociada a ciertos procesos culturales que conducirían a la debacle de los principios normativos. Dejando de lado la problemática teórica, el presente trabajo se concentra en el debate (...) en torno al fenómeno práctico de la estetización de la política. En primer lugar, nos remontamos a la historia de la condena filosófica de la estetización de la esfera política para ocuparnos luego, en un segundo momento, de algunas posiciones esteticistas y antiesteticistas de finales del siglo XX. Posteriormente, procuramos avanzar en una redescripción de esta problemática que nos permita rescatar un sentido productivo de lo estético para el pensamiento político. Para esto último, nuestro trabajo se apoya en las reflexiones de la actual coeditora de la Neue Zeitschrift für Sozialforschung, Juliane Rebentisch. Tomando como parámetro algunos de los supuestos de sus investigaciones, aquí intentaremos demostrar hasta qué punto la estetización de la vida política puede contribuir al desarrollo de una concepción renovada de esta última. Both from a theoretical and from a practical perspective, the phenomenon of "aestheticization" does not seem to anticipate anything particularly good. On a theoretical level, it has been linked to the crisis of discourse-oriented in terms of truth, while in the practical, has been associated with certain cultural processes that lead to the the collapse of the normative principles. Leaving aside the theoretical issues, this paper focuses on the debate on the phenomenon of the aestheticization of the political culture. First, it goes back to the history of philosophical condemnation of the aestheticization of the political sphere. In a second time, he deals with some conceptions of the late twentieth century. Subsequently, the paper seeks to advance a redescription of this problem that allows rescue a productive sense of aesthetics for political thought. For the latter, our article is based on the reflections of Juliane Rebentisch and attempts to show how the aestheticization of political life can help to develop a new concept of the same. (shrink)

The doing/allowing distinction plays an important role in our thinking about a number of legal issues, such as the need for criminal process protections, prohibitions on torture, the permissibility of the death penalty and so on. These are areas where, at least initially, there seem to be distinctions between harms that the state inflicts and harms that it merely allows. In this paper I will argue for the importance of the doing/allowing distinction as applied to state (...) action. Sunstein, Holmes, Vermeule and others have presented influential arguments for the claim that where the state is concerned the doing/allowing distinction has no moral significance, even if it does elsewhere. I show that these arguments can be resisted. In doing so, I defend some important distinctions and principles that help us understand the state’s role in protecting people from harm. (shrink)

In recent decades, investigation of brain injuries associated with amnesia allowed progress in the philosophy and science of memory, but it also paved the way for the hubris of assuming that memory is an exclusively neural phenomenon. Nonetheless, there are methodological and conceptual reasons preventing a reduction of the ecological and contextual phenomenon of memory to a neural phenomenon, since memory is the observed action of an individual before being the simple output of a brain (or, at least, so we (...) will argue), and there is no good reason to suppose that it is necessary to postulate a more basic reality to memory lying behind the mere individual actions. (shrink)

The distinction between doing and allowing appears to have moral significance, but the very nature of the distinction is as yet unclear. Philippa Foot's ‘pre-existing threats’ account of the doing/allowing distinction is highly influential. According to the best version of Foot's account an agent brings about an outcome if and only if his behaviour is part of the sequence leading to that outcome. When understood in this way, Foot's account escapes objections by Warren Quinn and Jonathan (...) Bennett. However, more analysis is required to show what makes a relevant condition part of a sequence. Foot's account is promising, but incomplete. (shrink)

This book explores the nature of moral responsibilities of affluent individuals in the developed world, addressing global poverty and arguments that philosophers have offered for having these responsibilities. The first type of argument grounds responsibilities in the ability to avert serious suffering by taking on some cost. The second argument seeks to ground responsibilities in the fact that the affluent are contributing to such poverty. The authors criticise many of the claims advanced by those who seek to ground stringent responsibilities (...) to the poor by invoking these two types of arguments. It does not follow from this that the affluent are meeting responsibilities to the poor. The book argues that while people are not ordinarily required to make large sacrifices in assisting others in severe need, they are required to incur moderate costs to do so. If the affluent fail consistently to meet standards, this fact can substantially increase the costs they are required to bear in order to address it. (shrink)

Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done without accepting (...) some deontological distinction. Second, if someone is going to accept any deontological distinction she should accept either the DDE or the DDA or some replacement. Finally, anyone who accepts either the DDE or the DDA should accept both doctrines or a replacement of each. Unless both Doctrines can be defended or given a defensible replacement, any Nonconsequentialist is in trouble. (shrink)

A powerful argument against the counterfactual comparative account of harm is that it cannot distinguish harming from failing to benefit. In reply to this problem, I suggest a new account of harm. The account is a counterfactual comparative one, but it counts as harms only those events that make a person occupy his level of well-being at the world at which the event occurs. This account distinguishes harming from failing to benefit in a way that accommodates our intuitions (...) about the standard problem cases. In laying the groundwork for this account, I also demonstrate that rival accounts of harm are able to distinguish harming from failing to benefit only if, and because, they also appeal to the distinction between making upshots happen and allowing upshots to happen. One important implication of my discussion is that preserving the moral asymmetry between harming and failing to benefit requires a commitment to the existence of a metaphysical and moral distinction between making and allowing. (shrink)

The central hypothesis of the collaboration between Language and Computing (L&C) and the Institute for Formal Ontology and Medical Information Science (IFOMIS) is that the methodology and conceptual rigor of a philosophically inspired formal ontology greatly benefits application ontologies. To this end r®, L&C’s ontology, which is designed to integrate and reason across various external databases simultaneously, has been submitted to the conceptual demands of IFOMIS’s Basic Formal Ontology (BFO). With this project we aim to move beyond the level of (...) controlled vocabularies to yield an ontology with the ability to support reasoning applications. Our general procedure has been the implementation of a meta-ontological definition space in which the definitions of all the concepts and relations in LinKBase® are standardized in a framework of first-order logic. In this paper we describe how this standardization has already led to an improvement in the LinKBase® structure that allows for a greater degree of internal coherence than ever before possible. We then show the use of this philosophical standardization for the purpose of mapping external databases to one another, using LinKBase® as translation hub, with a greater degree of success than possible hitherto. We demonstrate how this offers a genuine advance over other application ontologies that have not submitted themselves to the demands of philosophical scrutiny. LinKBase® is one of the world’s largest applications-oriented medical domain ontologies, and BFO is one of the world’s first philosophically driven reference ontologies. The collaboration of the two thus initiates a new phase in the quest to solve the so-called “Tower of Babel”. (shrink)

This chapter explores the place of remorse in Sophie de Grouchy’s moral theory, as presented in her 1798 work, Letters on Sympathy, which was originally published with her translation of Adam Smith’s Theory of Moral Sentiments. I argue that, for Grouchy, a cultivated sense of remorse weakens our self-conceit by drawing our attention to the ways in which we harm others, even for seemingly justifiable reasons. In so doing, we are led to recognize the equal standing of others, (...) which gives rise to the “sentiment of natural equality.” This “sentiment of natural equality” places a check on our norms and institutions and allows for the potential of moral progress. While Grouchy frames the Letters as a commentary on Smith’s writings, her discussion of remorse, equality, and moral progress shows her to be a bold and original thinker, and one worth taking seriously. (shrink)

Agent-centered constraints on harming hold that some harmful upshots of our conduct cannot be justified by its generating equal or somewhat greater benefits. In this paper I argue that all plausible theories of agent-centered constraints on harming are undermined by the likelihood that our actions will have butterfly effects, or cause cascades of changes that make the world dramatically different than it would have been. Theories that impose constraints against only intended harming or proximally caused harm have unacceptable implications (...) for choices between more and less harmful ways of securing greater goods. This leaves as plausible only theories that impose constraints against causing some unintended distal harms. But, I argue, given the distal harms our actions are likely to cause through their butterfly effects, these theories entail that any way of sustaining our lives is overwhelmingly likely to involve unjustified killing, and that we are therefore morally required either to allow ourselves to waste away or kill ourselves. (shrink)

In recent years it has often been claimed that policies such as subsidies paid to domestic producers by affluent countries and tariffs on goods produced by foreign producers in poorer countries violate important moral requirements because they do severe harm to poor people, even kill them. Such claims involve an empirical aspect—such policies are on balance very bad for the global poor—and a philosophical aspect—that the causal influence of these policies can fairly be characterized as doing severe (...) class='Hi'>harm and killing. In this essay, we examine the philosophical aspect of this issue. We conclude that these policies do not do harm to the poor, but rather enable harm to them in various ways, and explore the moral implications of this fact. (shrink)

In this chapter we explore two important questions that we believe should be central to any discussion of the ethics and politics of cultural heritage: What are the harms associated with appropriation and commodification, specifically where the heritage of Indigenous peoples is concerned? And how can these harms best be avoided? Archaeological concerns animate this discussion; we are ultimately concerned with fostering postcolonial archaeological practices. But we situate these questions in a broader context, addressing them as they arise in connection (...) with the appropriation of Indigenous cultural heritage, both past and present. (shrink)

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms (...) of contact with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

Arlie Hochschild glosses the practice of women migrants in poor nations who leave their families behind for extended periods of time to do carework in other wealthier countries as a “global heart transplant” from poor to wealthy nations. Thus she signals the idea of an injustice between nations and a moral harm for the individuals in the practice. Yet the nature of the harm needs a clear articulation. When we posit a sufficiently nuanced “right to care,” we locate (...) the harm to central relationships of the migrant women. The “right to (give and receive) care” we develop uses a concept of a relational self drawn from an ethics of care. The harm is situated in the broken relationships, which in turn have a serious impact on a person’s sense of equal dignity and self-respect, particularly since the sacrifice of central relationships of the migrant woman allows others (mostly women) to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (shrink)

Responsible innovation (RI), also termed Responsible Research and Innovation, has emerged due to increasing concern over how to integrate ethical and societal values into research and innovation policy and governance (Von Schomberg 2013), in response to questioning of the societal role of science as well as populist resurgence in some countries (Long and Blok 2017a). Within a RI approach, innovators must consider three dimensions of responsibility, including the dimensions of (1) ‘avoiding harm’ to people and the planet, (2) ‘ (...) class='Hi'>doing good’ through the offering of innovations that foster sustainable development, and (3) the development of facilitative global governance schemes (Voegtlin and Scherer 2017). (shrink)

In a paper recently published in this journal, Navin and Largent argue in favour of a type of policy to regulate non-medical exemptions from childhood vaccination which they call ‘Inconvenience’. This policy makes it burdensome for parents to obtain an exemption to child vaccination, for example, by requiring parents to attend immunization education sessions and to complete an application form to receive a waiver. Navin and Largent argue that this policy is preferable to ‘Eliminationism’, i.e. to policies that do not (...) allow non-medical exemptions, because Inconvenience has been shown to maintain exemption rates low while not harming parents by forcing them to do something that goes against their beliefs. We argue that it is at least doubtful that Inconvenience is ethically preferable to Eliminationism: while the latter disregards the value of liberty, Inconvenience disregards the value of fairness in the distribution of the burdens entailed by the preservation of a public good like herd immunity. We propose a variant of Inconvenience, which we call ‘Contribution’, which we think is preferable to the versions of Inconvenience discussed by Navin and Largent in that it successfully strikes a balance between the values of parents’ liberty, fairness and expected utility. (shrink)

This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more (...) defensible. The second Part considers how tort has dealt with this divergence between lay and expert perspectives. It also evaluates how tort's approach has differed from that of public law approaches to accident law, such as legislative compensation and risk regulation by administrative agencies. Ultimately, tort's ability to recognize the value of lay intuitions supports retaining the tort perspective as part of our societal arsenal of responses to risk and harm. This ability can also support a pro-tort perspective in two practical debates in the arena of tort law: that over preemption of tort law by administrative agency judgments, and that over access to tort recovery as part of a no-fault system. (shrink)

In many or most instances of paternalism, more than one person acts paternalistically, or more than one person is treated paternalistically. This chapter discusses some complications that arise in such group cases, which are largely ignored in the conceptual debate. First, a group of people who together perform an action may do so for different reasons, which makes it more challenging to determine whether the action is paternalistic. This gives us some reason not to pin the property of being paternalistic (...) on actions, since we may alternatively pin it on reasons for actions and allow that these differ between members in the group. Second, the prevention of harmful consensual interactions is sometimes paternalism towards both or all involved, but only if all benefit from interference with themselves rather than with other members in the group, or if all want the harm or risk (more or less) for its own sake. Third, interrelations between three components of paternalism - interference, benevolence and consent - gives us reason to allow that an action can be paternalistic towards some but not others of those affected. This makes it even more difficult, and less relevant, to determine whether or not actions are paternalistic. (shrink)

A surprisingly large number of scholars believe that (a) we are blameworthy, and therefore punishable, only for what we have control over; (b) we have control only over our actions and intentions, not the consequences of our actions; and therefore (c) if two agents perform the very same action (e.g., attempting to kill) with the very same intentions, then they are equally blameworthy and deserving of equal punishment – even if only one of them succeeds in killing. This paper argues (...) against these “equivalence theorists” that harmful consequences do make a moral difference, that the harm produced by the killer’s attempt retroactively makes her action more blameworthy, and therefore deserving of more punishment, than the failed attempter’s attempt. The primary argument for this “non-equivalence theory” is an analogy with gambling. Just as a gambler makes a deal with the casino to allow metaphysical luck to retroactively determine the “profit status” of her bet, so too the attempted killer makes a deal with “the casino of morality” to allow metaphysical luck to retroactively determine the moral status of her attempt. She makes the “moral deal” that if her attempt succeeds, her attempt was more blameworthy than if her attempt does not succeed. And it is the greater blameworthiness of the killer’s attempt that justifies our intuition that the killer should be punished more harshly than the failed attempter. (shrink)

Since ancient times, legal systems have held owners responsible for harm caused by their property. Across 4 experiments, we show that children aged 3–7 also hold owners responsible for such harm. Older children judge that owners should repair harm caused by property, and younger children may do this as well. Younger and older children judge that owners should apologize for harm, even when children do not believe the owners allowed the harm to occur. Children are (...) also as likely to hold owners responsible for harm caused by property as for harm caused by the owners themselves. The present findings contribute to psychological accounts of ownership by showing that ownership not only confers rights to control property, but also responsibility for harm caused by property. The findings also contribute to our understanding of the attribution of responsibility, and challenge accounts claiming that directly causing harm, or allowing it to happen, is a prerequisite for responsibility. The findings provide support for an account claiming that property is an extension of its owner, and likewise reveal that responsibility for harm caused by property is an early developing aspect of the psychology of ownership. 2018 APA, all rights reserved). (shrink)

We routinely take diminished capacity as diminishing moral responsibility (as in the case of immaturity, senility, or particular mental impairments). The prospect of enhanced capacity therefore poses immediate questions with regard to moral responsibility. Of particular interest are those capacities that might allow us to better avoid serious harms or wrongdoing. We can consider questions of responsibility with regards to enhancement at various removes. In the first instance: where such (safe and effective) interventions exist, do we have an obligation to (...) undergo such enhancement? Secondly: once enhanced, would the ambit of our responsibility therefore increase? Some philosophers have argued that enhanced capacities potentially generate “hyperresponsibility.” Hyperresponsible people would be held to a different and higher moral standard than those of us with more ordinary human capacities, and are liable to be more blameworthy for wrongdoing than ordinary agents. This chapter discusses the implications of enhancement for three central views of responsibility, namely: capacity-based, control-based and revelation-based views. Debates around moral responsibility have primarily concerned diminished capacities; as such the prospect of enhancement introduces new terrain—and potentially new fault-lines and complexities—in which to interrogate our theoretical conceptions of the foundations (and limits) of moral responsibility. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom (...) in deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)

The increasing use of opioid treatment agreements has prompted debate within the medical community about ethical challenges with respect to their implementation. The focus of debate is usually on the efficacy of OTAs at reducing opioid misuse, how OTAs may undermine trust between physicians and patients and the potential coercive nature of requiring patients to sign such agreements as a condition for receiving pain care. An important consideration missing from these conversations is the potential for racial bias in the current (...) way that OTAs are incorporated into clinical practice and in the amount of physician discretion that current opioid guidelines support. While the use of OTAs has become mandatory in some states for certain classes of patients, physicians are still afforded great leeway in how these OTAs are implemented in clinical practice and how their terms should be enforced. This paper uses the guidelines provided for OTA implementation by the states of Indiana and Pennsylvania as case studies in order to argue that giving physicians certain kinds of discretion may exacerbate racial health disparities. This problem cannot simply be addressed by minimising physician discretion in general, but rather by providing mechanisms to hold physicians accountable for how they treat patients on long-term opioid therapy to ensure that such treatment is equitable. There are no data in this work. (shrink)

In this article I attempt to show conclusively that the apparent intrinsic difference between causing collateral damage and directly attacking innocents is an illusion. I show how eleven morally irrelevant alterations can transform an apparently permissible case of harming as a side-effect into an apparently impermissible case of harming as a means. The alterations are as obviously irrelevant as the victims’ skin colour, and consistently treating them as relevant would have unacceptable implications for choices between more and less harmful ways (...) of securing greater goods. This shows not only how the principles philosophers have proposed for distinguishing between these cases cannot withstand scrutiny, but how we can be sure that there are no relevant differences yet to be discovered. I conclude by considering reasons to think that there are deontological constraints against harming, but that they apply just as forcefully against collateral harms as they do against intended harms. (shrink)

According to the Counterfactual Comparative Account of harm and benefit, an event is overall harmful for a subject to the extent that this subject would have been better off if it had not occurred. In this paper we present a challenge for the Counterfactual Comparative Account. We argue that if physical processes are chancy in the manner suggested by our best physical theories, then CCA faces a dilemma: If it is developed in line with the standard approach to counterfactuals, (...) then it delivers that the value of any event for a subject is indeterminate to the extreme, ranging from terribly harmful to highly beneficial. This problem can only be avoided by developing CCA in line with theories of counterfactuals that allow us to ignore a-typical scenarios. Doing this generates a different problem: when the actual world is itself a-typical we will sometimes get the result that the counterfactual nonoccurrence of an actual benefit is itself a benefit. An account of overall harm bearing either of these two implications is deficient. Given the general aspiration to account for deprivational harms and the dominance of the Counterfactual Comparative Account in this respect, theorists of harm and benefit face a deadlock. (shrink)

In the context of a global pandemic, there is good health-based reason for governments to impose various social distancing measures. However, such measures also cause economic and other harms to people at low risk from the virus. In this paper, I examine how to make such trade-offs in a way that is respectfully justifiable to their losers. I argue that existing proposals like using standard QALY (quality-adjusted life-year) valuations or WELLBYs (wellbeing-adjusted life-years) as the currency for trade-offs do not allow (...) such justification, because they give weight to utilities that are irrelevant in a life-and-death context. Drawing on work on restricted aggregation in ethics, I articulate an alternative framework for balancing claims arising from prospects of different kinds of harm and benefit, and show how it can be applied to reasoning about trade-offs in a pandemic context. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending to (...) all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

S. Matthew Liao and Christian Barry argue that the patient-centered approach to deontology that I have developed—the restricting claims principle —‘is beset with problems.’ They think that it cannot correctly handle cases in which a potential victim sits in the path of an agent doing what she needs to do for some greater good, or in which a person’s property is used to benefit others and harm her. They argue that cases in which an agent does what would (...) be permissible but acts on a malicious reason show that agent intentions, rather than patientclaims, are fundamental to deontology. And they claim that the RCP presupposes the means principle in a way that shows that it is not really offering anything new. I argue here that all of these charges are mistaken. Doing so allows me to offer important refinements to the RCP, to highlight two common mistakes in reasoning about cases, and to set challenges for agentcentered approaches to deontology. (shrink)

Evaluator-relative consequentialists frequently endorse the traditional doing-allowing distinction. Yet their endorsement of this traditional distinction only serves to clear the way for their argument against a more fundamental doing-allowing distinction, an argument that one never ought to do something when this will allow something worse to happen. Unlike the case against its more traditional counterpart, the case against this deeper doing-allowing distinction can draw for support upon widely held “state of affairs centered” accounts of (...) attitudes, actions, reasons and value, accounts upon which desires are (all) attitudes towards states of affairs, practical reasons are all reasons to promote states of affairs, and to act is to make something happen -- to promote, produce, or bring about some states of affairs. Moreover, to reject this deeper distinction is to accept the centerpiece of consequentialism – that the evaluation of actions is determined through appeal to the evaluation of states of affairs. Only once the nature of the deep doing-allowing distinction, and these grounds for its rejection, come into view, does it also become clear both what an adequate response to such arguments for its rejection will look like, and that many elements of such a response have already been proposed. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy adopted by the Department (...) of Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

Gender-affirming healthcare interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm prevention, given the high rates of depression and suicide among trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view among theorists, institutions and activists (...) that trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. There are no data in this work. (shrink)

Fricker‘s Epistemic Injustice discusses the idea of testimonial injustice, specifically, being harmed in one‘s capacity as a knower. Fricker‘s own theory of testimonial injustice emphasizes the role of prejudice. She argues that prejudice is necessary for testimonial injustice and that when hearers use a prejudice to give a deficit to the credibility of speakers hearers intrinsically harm speakers in their capacity as a knower. This paper rethinks the connections between prejudice and testimonial injustice. I argue that many cases of (...) prejudicial credibility deficits do not intrinsically harm speakers. Further, I suggest that prejudice is not necessary for harming speakers. I provide my own proposal on which testimonial injustice occurs when speaker‘s capacity as a giver of knowledge is interfered with in important ways. My proposal does not give prejudice any essential role. (shrink)

One core question in contemporary political economy is whether economic liberties should be constitutionally protected as basic rights. In this article I do not provide a positive argument for the view that economic liberties are basic rights. Rather, I seek to provide a reason for not embracing the opposing view, i.e. that economic liberties should not be constitutionally protected as basic rights. Based on Hayek’s theory of price as signal, I argue that price control, a view usually associated with high (...) liberals, and sometimes endorsed by moderate welfarists, is environmentally sub-optimal. (shrink)

This thesis in an invistigation into the concept of "harm" and its moral relevance. A common view is that an analysis of harm should include a counterfactual condition: an act harms a person iff it makes that person worse off. A common objection to the moral relevance of harm, thus understood, is the non-identity problem. -/- This thesis criticises the counterfactual condition, argues for an alternative analysis and that harm plays two important normative roles. -/- The (...) main ground for rejecting the counterfactual condition is that it has unacceptable consequences in cases of overdetermination and pre-emption. Several modifications to the condition are considered but all fail to solve this problem. -/- According to the alternative analysis to do harm is to perform an act which is responsible for the obtaining of a state of affairs which makes a person’s life go worse. It is argued that should be understood in terms of counterfactual dependence. This claim is defended against counterexamples based on redundant causation. An analysis of is also provided using the notion of a well-being function. It is argued that by introducing this notion it is possible to analyse contributive value without making use of counterfactual comparisons and to solve the non-identity problem. -/- Regarding the normative importance of harm, a popular intuition is that there is an asymmetry in our obligations to future people: that a person would have a life worth living were she to exist is not a reason in favour of creating that person while that a person would have a life not worth living is a reason against creating that person. It is argued that the asymmetry can be classified as a moral option grounded in autonomy. Central to this defence is the suggestion that harm is relevant to understanding autonomy. Autonomy involves partly the freedom to pursue one’s own aims as long as one does no harm. (shrink)

I explore how agent-regret and its object—faultlessly harming someone—can call for various responses. I look at two sorts of responses. Firstly, I explore responses that respect the agent’s role as an agent. This revolves around a feature of “it was just an accident”—a common response to agent-regret—that has largely gone ignored in the literature: that it can downplay one’s role as an agent. I argue that we need to take seriously the fact that those who have caused harms are genuine (...) agents, to ignore this fails to allow these agents to move on. Secondly, following Sussman and MacKenzie, I explore responses that benefit the victim. I argue that we should strive to understand how to configure these responses in a way that does not blame the agent. To do this I look at the role of actions in our self-understanding, as people who have done particular things. I end by briefly considering the ways in which tort law and restorative justice might help us to understand how to appropriately respond to accidentally harming someone. I urge that we need to take this as a starting point to find a better way to respond to the agents of faultless harms. (shrink)

Spinoza’s conatus doctrine, the main proposition of which claims, “[e]ach thing, to the extent it is in itself, strives [conatur] to persevere in its being” (E3p6), has been the subject of growing interest. This is understandable, for Spinoza’s psychology and ethics are based on this doctrine. In my paper I shall examine the way Spinoza argues for E3p6 in its demonstration which runs as follows: "For singular things are modes by which God’s attributes are expressed in a certain and determinate (...) way (by 1p25c), i.e. (by 1p34), things that express, in a certain and determinate way, God’s power, by which God is and acts. And no thing has anything in itself by which it can be destroyed, or which takes its existence away (by p4). On the contrary, it is opposed to everything which can take its existence away (by p5). Therefore, to the extent it can, and is in itself, it strives to persevere in its being." This argument has been severely criticized for being defective in many ways. E3p6d contains four items, E1p25c, 1p34, 3p4, and 3p5. Most often, only the two last mentioned are regarded as doing any real work in the demonstration. However, I shall argue that having a proper grasp of Spinoza’s concept of power enables us see that the demonstration’s beginning, built on E1p25c and 1p34, brings forth a certain dynamic framework in which finite things are centers of causal power, capable of producing effects in virtue of their essences. My examination of this framework shows the beginning of the demonstration to be irreplaceable: in the end, conatus is one form of power, and E1p25c and 1p34 not only bring the notion of power into play, but also inform us on how finite things’ power should be understood in the monistic system. So, I disagree with such commentators as Jonathan Bennett, Edwin Curley, Daniel Garber, Michael Della Rocca, and Richard Manning, who see Spinoza as trying to derive the conatus doctrine from E3p4 and 3p5 alone; and I agree with Alexandre Matheron, Henry Allison, and Martin Lin, who stress the importance of E1p25c and 1p34. -/- However, this still leaves us the task of reconstructing the whole derivation and showing how its various ingredients fit together. If E1p25c and 1p34 are so important, could E3p6 not be derived from them alone, as Martin Lin has argued? In other words, why are E3p4 and 3p5 needed at all? To answer these questions I shall provide an interpretation of E3p6d that explains how the argument is supposed to work. E1p25c and 1p34 say that finite things are, in essence, dynamic causers, which, in case of opposition, truly resist opposing factors with their power and do not simply cease their causal activities whenever facing obstacles; in other words, they strive against any opposition. However, this is not enough to guarantee that they could not act self-destructively or restrain their own power, which would make them incapable of self-preservation. But this would go against E3p4, “No thing can be destroyed except through an external cause,” and Spinoza uses it to claim, “no thing has anything in itself by which it can be destroyed, or which takes its existence away.” So all this allows Spinoza to hold that finite things are consistent causers, that is, entities endowed with power and, insofar they cause effects solely in virtue of their essence, they never use their power self-destructively. The significance and role of the final item in the demonstration, E3p5 (“Things are of a contrary nature, i.e., cannot be in the same subject, insofar as one can destroy the other”), still needs to be determined. Indeed, considering its content and the way it is used in the demonstration, it seems to be a surprisingly decisive ingredient in the argument. Namely, what “each thing, to the extent it is in itself,” that is, insofar as any thing is considered disregarding everything external to it, strives to preserve, is its being (esse), not simply its present state. This together with E3p5’s view of subjecthood – which I shall explicate in my paper – suggests that we should rethink what kind of “being” or “existence” is meant in E3p6. Indeed, for Spinoza, each subject has a definable essence from which, as far as the subject in question is in itself, certain properties or effects necessarily follow; consequently a subject’s full being involves not only instantiating a certain essence, but also those properties inferable from the essence-expressing definition. Thus, E3p5 is meant to bring forward that things are not merely non-self-destroyers but subjects from whose definitions properties follow; and as Spinoza thinks to have shown (by E1p25c and 1p34) that finite modifications are entities endowed with power, any subject has true power to produce the properties or effects derivable from its definition, which, Spinoza claims, implies opposing everything harmful. In other words, things exercise power as their definition states, i.e. according to their definitions, and thus bringing in the idea of things as expressers of power enables Spinoza to convert logical oppositions (of E3p5) into real ones (of E3p6). To summarize, Spinoza reasons that each true finite thing is, in itself, an expresser of power (E1p25c, 1p34) that never acts self-destructively (E3p4) but instead strives to drive itself through opponents to produce effects as they follow from the definition of the thing in question (E1p25c, 1p34, and 3p5). Therefore, “each thing, to the extent it is in itself, strives to persevere in its being.” The demonstration of E3p6 has its roots deep in Spinoza’s ontology, and since its concept of power is supposed to provide the metaphysical grounding for real opposition, the importance of E1p25c and 1p34 should not be underestimated just because Spinoza – as often happens – puts his point exceedingly briefly. Moreover, the derivation is basically valid and contains no superfluous elements. Finally, all this tells us something decisive about the meaning of Spinoza’s doctrine: according to it, things are active causers whose “power to exist and act” has conatus character in temporality, amounting not only to striving to prolong the duration of one’s actualization but also to striving to be as active or autonomous as possible, that is, to attain a state determined by the striving subject’s essence alone. (shrink)

This paper examines two recent contributions to the hate speech literature – by Steven Heyman and Jeremy Waldron – which seek a justification for the legal restriction of hate speech in an account of the way that hate speech infringes against people’s dignity. These analyses look beyond the first-order hurts and disadvantages suffered by the immediate targets of hate speech, and consider the prospect of hate speech sustaining complex social structures whose wide-scale operations lower the social status of members of (...) targeted groups. In Heyman’s and Waldron’s accounts we find plausible insights into the nature of identity-based social hierarchies, and the harms that redound to subordinated people under the operations of such hierarchies. I argue, however, that both analyses are unsuccessful as justifications for the restriction of hate speech, because they do not ultimately provide reason to think that hate speech is responsible for creating or sustaining identity-based social hierarchies. (shrink)