The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections.

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will take what I call (...) the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

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

This paper argues that epistemic errors rooted in group- or identity- based biases, especially those pertaining to disability, are undertheorized in the literature on medical error. After sketching dominant taxonomies of medical error, we turn to the field of social epistemology to understand the role that epistemic schemas play in contributing to medical errors that disproportionately affect patients from marginalized social groups. We examine the effects of this unequal distribution through a detailed case study of ableism. There are four primary (...) mechanisms through which the epistemic schema of ableism distorts communication between nondisabled physicians and disabled patients: testimonial injustice, epistemic overconfidence, epistemic erasure, and epistemic derailing. Measures against epistemic injustices in general and against schema-based medical errors in particular are ultimately issues of justice that must be better addressed at all levels of health care practice. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens the case (...) for parental licensing. (shrink)

Recent research has relied on trolley-type sacrificial moral dilemmas to study utilitarian versus nonutili- tarian modes of moral decision-making. This research has generated important insights into people’s attitudes toward instrumental harm—that is, the sacrifice of an individual to save a greater number. But this approach also has serious limitations. Most notably, it ignores the positive, altruistic core of utilitarianism, which is characterized by impartial concern for the well-being of everyone, whether near or far. Here, we develop, refine, and validate (...) a new scale—the Oxford Utilitarianism Scale—to dissociate individual differences in the ‘negative’ (permissive attitude toward instrumental harm) and ‘positive’ (impartial concern for the greater good) dimensions of utilitarian thinking as manifested in the general population. We show that these are two independent dimensions of proto-utilitarian tendencies in the lay population, each exhibiting a distinct psychological profile. Empathic concern, identification with the whole of humanity, and concern for future generations were positively associated with impartial beneficence but negatively associated with instrumental harm; and although instrumental harm was associated with subclinical psychopathy, impartial beneficence was associated with higher religiosity. Importantly, although these two dimensions were independent in the lay population, they were closely associated in a sample of moral philosophers. Acknowledging this dissociation between the instrumental harm and impartial beneficence components of utilitarian thinking in ordinary people can clarify existing debates about the nature of moral psychology and its relation to moral philosophy as well as generate fruitful avenues for further research. (shrink)

In recent years, philosophers have proposed a variety of accounts of the nature of harm. In this paper, I consider several of these accounts and argue that they are unsuccessful. I then make a modest case for a different view.

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

Jerome Wakefield has argued that a disorder is a harmful dysfunction. This paper develops how Wakefield should construe harmful in his harmful dysfunction analysis. Recently, Neil Feit has argued that classic puzzles involved in analyzing harm render Wakefield’s HDA better off without harm as a necessary condition. Whether or not one conceives of harm as comparative or non-comparative, the concern is that the HDA forces people to classify as mere dysfunction what they know to be a disorder. (...) For instance, one can conceive of cases where simultaneous disorders prevent each other from being, in any traditional sense, actually harmful; in such cases, according to the HDA, neither would be a disorder. I argue that the sense of harm that Wakefield should employ in the HDA is dispositional, similar to the sense of harm used when describing a vile of poison: “Be careful! That’s poison. It’s harmful.” I call this harm in the damage sense. Using this sense of harm enables the HDA to avoid Feit’s arguments, and thus it should be preferred to other senses when analyzing harmful dysfunction. (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)

Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...) the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (shrink)

In his recent book, Death, Posthumous Harm, and Bioethics (Routeledge 2012), James Stacey Taylor challenges two ideas whose provenance may be traced all the way back to Aristotle. The first of these is the thought that death (typically) harms the one who dies (mortal harm thesis). The second is the idea that one can be harmed (and wronged) by events that occur after one’s death (posthumous harm thesis). Taylor devotes two-thirds of the book to arguing against both (...) theses and the remainder to working out the implications of their falsity for various bioethical concerns, including euthanasia, suicide, organ procurement, etc. In this brief article, I concentrate on Taylor’s case against the mortal harm thesis and suggest that his main argument against this claim begs the question. (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)

In this paper we aim to demonstrate the enormous ethical complexity that is prevalent in child obesity cases. This complexity, we argue, favors a cautious approach. Against those perhaps inclined to blame neglectful parents, we argue that laying the blame for child obesity at the feet of parents is simplistic once the broader context is taken into account. We also show that parents not only enjoy important relational prerogatives worth defending, but that children, too, are beneficiaries of that relationship in (...) ways difficult to match elsewhere. Finally, against the backdrop of growing public concern and pressure to intervene earlier in the life cycle, we examine the perhaps unintended stigmatizing effects that labeling and intervention can have and consider a number of risks and potential harms occasioned by state interventions in these cases. (shrink)

This essay answers two questions that continue to drive debate in moral and legal philosophy; namely, ‘Is a risk of harm a wrong?’ and ‘Is a risk of harm a harm?’. The essay’s central claim is that to risk harm can be both to wrong and to harm. This stands in contrast to the respective positions of Heidi Hurd and Stephen Perry, whose views represent prominent extremes in this debate about risks. The essay shows that (...) there is at least one category of risks – intentional impositions of risk on unconsenting agents – which can be both wrongful and harmful. The wrongfulness of these risks can be established when, on the balance of reasons, one ought not to impose them. The harmfulness of these risks can be established when the risks are shown to set back legitimate interests. In those cases where risks constitute a denial of the moral status of agents, risks set back agents’ interest in dignity. In these ways, the essay shows that there are instances when a risk can constitute both a wrong and a harm. (shrink)

Skeptics of the moral case against industrial farming often assert that harm to animals in industrial systems is limited to isolated instances of abuse that do not reflect standard practice and thus do not merit criticism of the industry at large. I argue that even if skeptics are correct that abuse is the exception rather than the rule, they must still answer for two additional varieties of serious harm to animals that are pervasive in industrial systems: procedural (...) class='Hi'>harm and institutional oppression. That procedural and institutional harms create conditions under which abuse is virtually inevitable only increases the skeptic's burden. (shrink)

This paper explores the connections between two central topics in moral and political philosophy: the moral legitimacy of authority and the ethics of causing harm. Each of these has been extensively discussed in isolation, but relatively little work has considered the implications of certain views about authority for theories of permissible harming, and vice versa. As I aim to show, reflection on the relationship between these two topics reveals that certain common views about, respectively, the justification of harm (...) and the moral limits of authority require revision. The paper proceeds as follows. Sections 1 and 2 clarify the question to be addressed and set out two main claims that I will defend. Sections 3-5 argue for the first claim. Sections 6-9 defend the second. Section 10 concludes. (shrink)

Some moral theorists argue that innocent beneficiaries of wrongdoing may have special remedial duties to address the hardships suffered by the victims of the wrongdoing. These arguments generally aim to simply motivate the idea that being a beneficiary can provide an independent ground for charging agents with remedial duties to the victims of wrongdoing. Consequently, they have neglected contexts in which it is implausible to charge beneficiaries with remedial duties to the victims of wrongdoing, thereby failing to explore the limits (...) of the benefiting relation in detail. Our aim in this article is to identify a criterion to distinguish contexts in which innocent beneficiaries plausibly bear remedial duties to the victims of wrongdoing from those in which they do not. We argue that innocent beneficiaries incur special duties to the victims of wrongdoing if and only if receiving and retaining the benefits sustains wrongful harm. We develop this criterion by identifying and explicating two general modes of sustaining wrongful harm. We also show that our criterion offers a general explanation for why some innocent beneficiaries incur a special duty to the victims of wrongdoing while others do not. By sustaining wrongful harm, beneficiaries-with-duties contribute to wrongful harm, and we ordinarily have relatively stringent moral requirements against contributing to wrongful harm. On our account, innocently benefiting from wrongdoing _per se_ does not generate duties to the victims of wrongdoing. Rather, beneficiaries acquire such duties because their receipt and retention of the benefits of wrongdoing contribute to the persistence of the wrongful harm suffered by the victim. We conclude by showing that our proposed criterion also illuminates why there can be reasonable disagreement about whether beneficiaries have a duty to victims in some social contexts. (shrink)

It is frequently claimed that breeding animals that we know will have unavoidable health problems is at least prima facie wrong, because it harms the animals concerned. However, if we take ‘harm’ to mean ‘makes worse off’, this claim appears false. Breeding an animal that will have unavoidable health problems does not make any particular individual animal worse off, since an animal bred without such problems would be a different individual animal. Yet, the intuition that there is something ethically (...) wrong about breeding animals—such as purebred pedigree dogs—in ways that seem negatively to affect welfare remains powerful. In this paper, an animal version of what is sometimes called the non-identity problem is explored, along with a number of possible ways of understanding what might be wrong with such breeding practices, if it is not that they harm the animal itself. These possibilities include harms to others, placeholder arguments, non-comparative ideas of harm, an ‘impersonal’ approach, and concerns about human attitudes and dispositions. (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)

While children’s experiences of online risks and harm is a growing area of research in New Zealand, public discussion on the matter has largely been informed by mainstream media’s fixation on the dangers of technology. At best, debate on risks online has relied on overseas evidence. However, insights reflecting the New Zealand context and based on representative data are still needed to guide policy discussion, create awareness, and inform the implementation of prevention and support programmes for children. This research (...) report presents findings from a quantitative study regarding different aspects related to risks and online safety. It looks at the online experiences that children find bothersome and upsetting and explores the hurtful behaviours they encounter or engage in, both online and in person. Evidence regarding exposure to different types of potentially harmful online content is also presented. Another relevant contribution is the insights related to excessive internet use.The findings presented in this report are based on data from 2,061 New Zealand children aged 9-17. We hope the findings will contribute to the development of policies, practices and services designed to support New Zealand children to safely take advantage of the opportunities available to them online. (shrink)

The prospective introduction of autonomous cars into public traffic raises the question of how such systems should behave when an accident is inevitable. Due to concerns with self-interest and liberal legitimacy that have become paramount in the emerging debate, a contractarian framework seems to provide a particularly attractive means of approaching this problem. We examine one such attempt, which derives a harm minimisation rule from the assumptions of rational self-interest and ignorance of one’s position in a future accident. We (...) contend, however, that both contractarian approaches and harm minimisation standards are flawed, due to a failure to account for the fundamental difference between those ‘involved’ and ‘uninvolved’ in an impending crash. Drawing from classical works on the trolley problem, we show how this notion can be substantiated by reference to either the distinction between negative and positive rights, or to differences in people’s claims. By supplementing harm minimisation with corresponding constraints, we can develop crash algorithms for autonomous cars which are both ethically adequate and promise to overcome certain significant practical barriers to implementation. (shrink)

Published in the American Journal of Bioethics.

An adequate theory of rights ought to forbid the harming of animals (human or nonhuman) to promote trivial interests of humans, as is often done in the animal-user industries. But what should the rights view say about situations in which harming some animals is necessary to prevent intolerable injustices to other animals? I develop an account of respectful treatment on which, under certain conditions, it’s justified to intentionally harm some individuals to prevent serious harm to others. This can (...) be compatible with recognizing the inherent value of the ones who are harmed. My theory has important implications for contemporary moral issues in nonhuman animal ethics, such as the development of cultured meat and animal research. (shrink)

Multi-user online environments involve millions of participants world-wide. In these online communities participants can use their online personas – avatars – to chat, fight, make friends, have sex, kill monsters and even get married. Unfortunately participants can also use their avatars to stalk, kill, sexually assault, steal from and torture each other. Despite attempts to minimise the likelihood of interpersonal virtual harm, programmers cannot remove all possibility of online deviant behaviour. Participants are often greatly distressed when their avatars are (...) harmed by other participants’ malicious actions, yet there is a tendency in the literature on this topic to dismiss such distress as evidence of too great an involvement in and identification with the online character. In this paper I argue that this dismissal of virtual harm is based on a set of false assumptions about the nature of avatar attachment and its relation to genuine moral harm. I argue that we cannot dismiss avatar attachment as morally insignificant without being forced to also dismiss other, more acceptable, forms of attachment such as attachment to possessions, people and cultural objects and communities. Arguments against according moral significance to virtual harm fail because they do not reflect participants’ and programmers’ experiences and expectations of virtual communities and they have the unintended consequence of failing to grant significance to attachments that we take for granted, morally speaking. Avatar attachment is expressive of identity and self-conception and should therefore be accorded the moral significance we give to real-life attachments that play a similar role. (shrink)

The concept of “harm” is ubiquitous in moral theorising, and yet remains poorly defined. Bradley suggests that the counterfactual comparative account of harm is the most plausible account currently available, but also argues that it is fatally flawed, since it falters on the omission and pre-emption problems. Hanna attempts to defend the counterfactual comparative account of harm against both problems. In this paper, I argue that Hanna’s defence fails. I also show how his defence highlights the fact (...) that both the omission and the pre-emption problems have the same root cause – the inability of the counterfactual comparative account of harm to allow for our implicit considerations regarding well-being when assessing harm. While its purported neutrality with regard to substantive theories of well-being is one of the reasons that this account is considered to be the most plausible on offer, I will argue that this neutrality is illusory. (shrink)

As a response to climate change, geoengineering with solar radiation management has the potential to result in unjust harm. Potentially, this injustice could be ameliorated by providing compensation to victims of SRM. However, establishing a just SRM compensation system faces severe challenges. First, there is scientific uncertainty in detecting particular harmful impacts and causally attributing them to SRM. Second, there is ethical uncertainty regarding what principles should be used to determine responsibility and eligibility for compensation, as well as determining (...) how much compensation ought to be paid. Significant challenges loom for crafting a just SRM compensation system. (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 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 to maintain these same relationships. The paper ends with a brief discussion of some of the solutions we need to consider. (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)

In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological (...) theory is about identifying morally wrongful and rightful conduct: it does not tell the legislature which of those wrongs justify a criminal law response in accordance with the requirements of fairness and justice. Some wrongdoers deserve censure and the stigma that results from criminalisation, but others do not. Kant's deontological theory does not limit the scope of the criminal law merely to those wrongs that deserve a criminal law response. Fair and principled criminalisation requires more than mere wrongdoing. I assert that it is only fair to criminalise wrongs when further normative reasons can be invoked to justify the use of the criminal law as a means for deterring the unwanted conduct. While 'harm to others' is not the only normative reason that can be used to demonstrate that it is fair to criminalise a given act, it is the justification that has the greatest reach. It would not be fair to criminalise mere wrongdoing (that is, every violation of freedom: trespass to goods etc. or every violation of the categorical imperative: every false promise etc.). Nor is it possible to distinguish one violation of freedom from the next, as freedom is not measurable. Thus, murder and trespass to goods would be equally wrong and equally criminalisable in Kant's scheme. A further problem with Dan-Cohen's use of the second formulation of Kant's categorical imperative is that it aims to be an inclusive criterion for identifying conduct that is prima facie criminalisable, but this inclusive approach does not explain the wrongfulness (or in Dan-Cohen's use of the categorical imperative the criminalisableness) of harming animals. In this paper, I demonstrate that the harm principle is able to meet the challenges raised by Ripstein and Dan-Cohen. I also demonstrate that it offers superior criteria for ensuring that criminalisation decisions are fair, just and principled than is offered by Kant's deontological theory. (shrink)

A number of philosophers have become interested in the ways that individuals are subject to harm as the performers of illocutionary acts. This paper offers an account of the underlying structure of such harms: I argue that speakers are the subjects of illocutionary harm when there is interference in the entitlement structure of their linguistic activities. This interference comes in two forms: denial and incapacitation. In cases of denial, a speaker is prevented from achieving the outcomes to which (...) they are entitled by their speech. In cases of incapacitation, a speaker’s standing to expect certain outcomes is itself undermined. I also discuss how individual speakers are subject to interference along two dimensions: as exercisers of certain non-linguistic capacities, and as producers of meaningful speech. (shrink)

Discussions of the non-identity problem presuppose a widely shared intuition that actions or policies that change who comes into existence don't, thereby, become morally unproblematic. We hypothesize that this intuition isn’t generally shared by the public, which could have widespread implications concerning how to generate support for large-scale, identity-affecting policies relating to matters like climate change. To test this, we ran a version of the well-known dictator game designed to mimic the public's behavior over identity-affecting choices. We found the public (...) does seem to behave more selfishly when making identity-affecting choices, which should be concerning. We further hypothesized that one possible mechanism is the notion of harm the public uses in their decision-making and find that substantial portions of the population seem to each employ distinct notions of harm in their normative thinking. These findings raise puzzling features about the public’s normative thinking that call out for further empirical examination. (shrink)

Climate change and other harmful large-scale processes challenge our understandings of individual responsibility. People throughout the world suffer harms—severe shortfalls in health, civic status, or standard of living relative to the vital needs of human beings—as a result of physical processes to which many people appear to contribute. Climate change, polluted air and water, and the erosion of grasslands, for example, occur because a great many people emit carbon and pollutants, build excessively, enable their flocks to overgraze, or otherwise stress (...) the environment. If a much smaller number of people engaged in these types of conduct, the harms in question would not occur, or would be substantially lessened. However, the conduct of any particular person (and, in the case of climate change, of even quite large numbers of people) could make no apparent difference to their occurrence. My carbon emissions (and quite possibly the carbon emissions of much larger groups of people dispersed throughout the world) may not make a difference to what happens to anyone. When the conduct of some agent does not make any apparent difference to the occurrence of harm, but this conduct is of a type that brings about harm because many people engage in it, we can call this agent an overdeterminer of that harm, and their conduct overdetermining conduct. In this essay we explore the moral status of overdetermining harm. (shrink)

The paper focuses on the conditions under which an agent can be justifiably held responsible or liable for the harmful consequences of his or her actions. Kant has famously argued that as long as the agent fulfills his or her moral duty, he or she cannot be blamed for any potential harm that might result from his or her action, no matter how foreseeable these may (have) be(en). I call this the Duty-Absolves-Thesis or DA. I begin by stating the (...) thesis in a more precise form and then go on to assess, one by one, several possible justifications for it: that (i) it wasn’t the view Kant himself actually held or was committed to; (ii) there is nothing strange about the DA, either theoretically or intuitively; (iii) the DA is more plausible as an account of legal (either criminal or tort) liability; (iv) the DA becomes perfectly plausible when conceived as a thesis about what insulates the agent from either remedial moral responsibility or the demands of compensatory justice; (v) the rationale for the DA is to protect our moral assessment of agents and their actions from the threat of moral luck. I show, with the help of the infamous Inquiring Murderer example, all these (and some other) justificatory attempts unsuccessful. I conclude that besides being counter-intuitive, the DA-thesis also lacks firm theoretical grounding and should therefore be rejected as (part of) an account of outcome moral responsibility. (shrink)

Body Integrity Identity Disorder (BIID) is a very rare condition describing those with an intense desire or need to move from a state of ability to relative impairment, typically through the amputation of one or more limbs. In this paper, I draw upon research in critical disability studies and philosophy of disability to critique arguments based upon the principle of nonmaleficence against such surgery. I demonstrate how the action-relative concept of harm in such arguments relies upon suspect notions of (...) biological and statistical normality, and I contend that each fail to provide normative guidance. I then propose a critical theory of harm, one marked by substantive engagement with both empirical and reflective inquiry across the sciences, social sciences, and humanities. I conclude by discussing the implications of this theory and how it might enrich ongoing debates in bioethics, philosophy of disability, and the health humanities more broadly. (shrink)

The basic idea of this essay is that it is a mistake to deny the existence of psychological harms or that such harms may justify limiting certain sorts of speech acts in certain sorts of circumstances, but that such circumstances are not part of the paradigmatic college environment.

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)

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 a recent discussion, Walter Glannon discusses a number of ways we might try to minimize harm to patients who experience intraoperative awareness. In this response I direct attention to a possibility that deserves further attention. It might be that a kind of psychological intervention – namely, informing patients of the possibility of intraoperative awareness and of what to expect in such a case – would constitute a unique way to respect patient autonomy, as well as minimize the (...) class='Hi'>harm that typically follows intraoperative awareness events. (shrink)

Joan McGregor argues that “colleges and universities should adopt as part of their core mission the development of skills of civil discourse” rather than engaging in the practice of restricting controversial speakers from making presentations on campuses. I agree with McGregor concerning the need for increased civil discourse. However, this does not mean universities should welcome speakers to publicly present any material they wish without restriction or oversight. In this paper, I make three main arguments: (i) Colleges and universities have (...) a duty to protect members of the campus community from the harm and exclusion resulting from hateful or harmful speech, in the same way that they must protect them from sexual assaults and concussions. (ii) In the vast majority of cases, this duty can be fulfilled by holding speakers to standards of discourse that prevail in academic debate, and insisting on a number of procedural requirements. (iii) We should be wary of conservative arguments framed in terms of free speech, because they can be deployed to undermine important functions of the university in a democratic society, namely, to teach students how to be discerning citizens, and to protect thinkers willing to be critical of the government and the ruling classes. (shrink)

Hypothesizing after the results are known, or HARKing, occurs when researchers check their research results and then add or remove hypotheses on the basis of those results without acknowledging this process in their research report (Kerr, 1998). In the present article, I discuss three forms of HARKing: (1) using current results to construct post hoc hypotheses that are then reported as if they were a priori hypotheses; (2) retrieving hypotheses from a post hoc literature search and reporting them as a (...) priori hypotheses; and (3) failing to report a priori hypotheses that are unsupported by the current results. These three types of HARKing are often characterized as being bad for science and a potential cause of the current replication crisis. In the present article, I use insights from the philosophy of science to present a more nuanced view. Specifically, I identify the conditions under which each of these three types of HARKing is most and least likely to be bad for science. I conclude with a brief discussion about the ethics of each type of HARKing. (shrink)

Harm is a concept in philosophy that has been able to elude definition. Many attempts have been made to formulate a definition of harm, however they have all been futile. This has led many to question if it is even possible to define harm, or if we really even need a definition of harm? My answer to both of these questions is yes, harm is something that is worth caring about and has many practical implications (...) in society today. The theories of harm that have been the closest thus far have been comparative accounts of harm, which compare different states of the agent undergoing the harm. The most common of these comparative accounts has been the counterfactual comparative account of harm. This approach has faced many problems like preemption, overdetermination, and omission. I argue the comparative account of harm is correct, but the wrong comparison is being made. Instead of a counterfactual comparison we should make a temporal comparison, and evaluate whether or not the agent has become worse off than he or she was before the harming event occurred. First I will use Bradley’s model to sketch a brief definition checklist of harm. I will then briefly evaluate a general counterfactual theory of harm and illustrate why it falls short. Next I will pose the temporal comparative account of harm , and explain how it gets around the counterexamples that tripped up the counterfactual approach. Finally I will present some objections to TCA, and try to respond to them. (shrink)

This book looks at what it means to be wronged, and why we react to wrongdoing in ways that can cause us more suffering and pain. An alternative approach called 'restorative justice' is proposed as a safe and effective way of avoiding these reactions whilst honouring our values and our common humanity.

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)

This research report presents findings about the extent and nature of digital self-harm among New Zealand teens. Digital self-harm is broadly defined here as the anonymous online posting or sharing of mean or negative online content about oneself. The report centres on the prevalence of digital self-harm (or self-cyberbullying) among New Zealand teens (aged 13-17), the motivations, and outcomes related to engaging in this behaviour. The findings described in this report are representative of the teenage population of (...) New Zealand by gender, ethnicity and age. Key findings are: Overall, 6% of New Zealand teens have anonymously posted mean or negative content online about themselves in the past year. Teenagers’ top reasons for this behaviour were: making a joke, wanting to show resilience, looking for friends’ sympathy, and seeking reassurance of friendship. By exploring the nature and extent of this behaviour, we are providing the online safety community, schools and parents with insights about a complex and, to some extent, hidden phenomenon involving New Zealand teens. (shrink)