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)

Deepfakes are algorithmically modified video and audio recordings that project one person’s appearance on to that of another, creating an apparent recording of an event that never took place. Many scholars and journalists have begun attending to the political risks of deepfake deception. Here we investigate other ways in which deepfakes have the potential to cause deeper harms than have been appreciated. First, we consider a form of objectification that occurs in deepfaked ‘frankenporn’ that digitally fuses the parts of different (...) women to create pliable characters incapable of giving consent to their depiction. Next, we develop the idea of ‘illocutionary wronging’, in which an individual is forced to engage in speech acts they would prefer to avoid in order to deny or correct the misleading evidence of a publicized deepfake. Finally, we consider the risk that deepfakes may facilitate campaigns of ‘panoptic gaslighting’, where many systematically altered recordings of a single person's life undermine their memory, eroding their sense of self and ability to engage with others. Taken together, these harms illustrate the roles that social epistemology and technological vulnerabilities play in human ethical life. (shrink)

Various philosophers discuss perlocutionary silencing, but none defend an account of perlocutionary silencing. This gap may exist because perlocutionary success depends on extralinguistic effects, whereas silencing interrupts speech, leaving theorists to rely on extemporary accounts when they discuss perlocutionary silencing. Consequently, scholars assume perlocutionary silencing occurs but neglect to explain how perlocutionary silencing harms speakers as speakers. In relation to that shortcoming, I defend a novel account of perlocutionary silencing. I argue that speakers experience perlocutionary silencing when they are illegitimately (...) deprived of perlocutionary influence on a conversation in which they are active participants, where perlocutionary influence on the conversation relates to speech-related perlocutionary goals meant to influence the conversation or conversational direction. Thus, this account grounds perlocutionary silencing in linguistic phenomena and characterizes perlocutionary silencing in a way that explains why those who experience perlocutionary silencing are harmed as speakers. Moreover, this account explains how perlocutionary silencing harms speakers as conversational participants in a way that cannot be captured by illocutionary or locutionary silencing, for a speaker may be perlocutionarily silenced despite illocutionary success. Consequently, the account explains why “All Lives Matter” silences Black Lives Matter and “Not All Men” silences women sharing experiences of sexual harassment. (shrink)

In this short article, I analyze forms of public speech by individuals in positions of power through a framework based on Austin’s theory of speech acts. I argue that because of the illocutionary and perlocutionary force attached to such individuals’ offices and their public figures, their public speech qualifies for being framed as speech acts—which are not covered by even a broad understanding of freedom of speech or right to privacy. Therefore, I formulate a call for the assessment of (...) public speech by individuals in positions of power through a framework based on “linguistic responsibility.” This framework accounts for the peculiar power structure that such individuals can and do exploit to bring about considerable real-world effects through what could be understood as an exploitation of their speech act power. (shrink)

Speech act theorists tend to hold that the illocutionary force of an utterance is determined by one interlocutor alone: either the speaker or the hearer. Yet experience tells us that the force of our utterances is not determined unilaterally. Rather, communication often feels collaborative. In this paper, I develop and defend a collaborative theory of illocutionary force, according to which the illocutionary force of an utterance is determined by an agreement reached by the speaker and the hearer. (...) This theory, which builds upon linguistic and sociological work on adjacency pairs and conversational interaction, can accommodate the complexity of speaker intentions (which may be disjunctive, indeterminate, and/or inconsistent over time), and renders speech act theory more compatible with theories of common ground. (shrink)

Slurs are derogatory words and they are used to derogate certain groups. Theories of slurs must explain why they are derogatory words, as well as other features like independence and descriptive ineffability. This paper proposes an illocutionary force indicator theory of slurs: they are derogatory terms because their use is to perform the illocutionary act of derogation, which is a declarative illocutionary act to enforce norms against the target. For instance, calling a Chinese person “chink” is an (...) act of derogation to enforce racist norms that license exclusion of the Chinese, deny their rights to dignity, etc. The contribution of this paper is twofold. First, it offers a more comprehensive explanation of the features of slurs than earlier speech act approaches. Second, it provides a theory that is immune to the problems faced by existing theories, such as wrong predictions of truth-conditions, explaining unacceptability to non-bigots, and explaining slurs against the dominant groups. (shrink)

In this paper I consider the concept of an illocutionary rule - i.e., the rule of the form "X counts as 7 in context C" - and examine the role it plays in explaining the nature of verbal communication and the conventionality of natural languages. My aim is to find a middle ground between John R. Searle's view, according to which every conventional speech act has to be explained in terms of illocutionary rules that underlie its performance, and (...) the view held by Ruth G Millikan, who seems to suggest that the formula "X counts as Y in context C" has no application in our theorizing about human linguistic practice. I claim, namely, that the concept of an illocutionary rule is theoretically useful, though not explanatorily basic. I argue that using the formula "X counts as Y in context C" we can classify illocutionary acts by what Millikan calls their conventional outcomes, and thereby make them susceptible to naturalistic explanation. (shrink)

The twenty-first century will witness an unprecedented decline in the diversity of the world’s languages. While most philosophers will likely agree that this decline is lamentable, the question of what exactly is lost with a language has not been systematically explored in the philosophical literature. In this paper, I address this lacuna by arguing that language loss constitutes a problematic form of illocutionary silencing. When a language disappears, past and present speakers lose the ability to realize a range of (...) speech acts that can only be realized in that language. With that ability, speakers lose something in which they have a fundamental interest: their standing as fully empowered members of a linguistic community. (shrink)

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.

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)

In recent attempts to define ‘harm’, the most promising approach has often been thought to be the counterfactual comparative account of harm. Nevertheless, this account faces serious difficulties. Moreover, it has been argued that ‘harm’ cannot be defined without reference to a substantive theory of well-being, which is itself a fraught issue. This has led to the call for the concept to simply be dropped from the moral lexicon altogether. I reject this call, arguing that the non-comparative (...) approach to defining harm has not been sufficiently explored. I then develop such an account that avoids the difficulties faced by comparative accounts whilst not presupposing a substantive theory of well-being. I conclude that this definition renders a concept of harm that can be meaningfully employed in our moral discourse. (shrink)

Consider a terrible situation that too many women find themselves in: 85,000 women are raped in England and Wales alone every year. Many of these women do not bring their cases to trial. There are multiple reasons that they might not want to testify in the courts. The incredibly low conviction rate is one. Another reason, however, might be that these women do not want the fact that they were raped to become the most salient thing about them. More specifically, (...) they do not want it to be the thing that others attend to the most—that others find most noticeable and memorable. In this paper, I introduce the notion of ‘harmful salience perspectives’ to help to explain this and related phenomena. This refers either to attention on things that should not be salient, or not enough attention on things that deserve to be made salient. Following ideas within the feminist literature on objectification, I argue that we can be harmed when aspects of our identity that do not reflect our personhood—our agency, rationality, personality, and so on—are more prominent in the minds of others than aspects that do reflect our personhood. Crucially, these ways of attending do not need to implicate false beliefs and harmful ideologies to be harmful, but can be harmful in their own right. (shrink)

Robert Sparrow argues that genome editing is unlikely to be person-affecting for the foreseeable future and, as a result, will neither benefit nor harm edited individuals. We regard Sparrow’...

We argue that the need for commentary in commonly used linear calculi of natural deduction is connected to the “deletion” of illocutionary expressions that express the role of propositions as reasons, assumptions, or inferred propositions. We first analyze the formalization of an informal proof in some common calculi which do not formalize natural language illocutionary expressions, and show that in these calculi the formalizations of the example proof rely on commentary devices that have no counterpart in the original (...) proof. We then present a linear natural deduction calculus that makes use of formal illocutionary expressions in such a way that unique readability for derivations is guaranteed – thus showing that formalizing illocutionary expressions can eliminate the need for commentary. (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)

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.

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)

In this article, I will consider whether, and in what way, doxastic states can harm. I’ll first consider whether, and in what way, a person’s doxastic state can harm her, before turning to the question of whether, and in what way, it can harm someone else.

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)

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)

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.

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)

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)

The central pillar of Austin’s theory of speech acts is the three-way distinction between locutionary acts like saying, illocutionary acts like asserting, and perlocutionary acts like persuading (Austin 1962: VIII-IX). While the latter distinction has been widely accepted, the former distinction has been frequently rejected due to Searle’s objections, who argued that since Austin’s locutionary acts are supposed to be forceful in the sense contrasting with neutral expression of a content and all force is by Austin’s own definition (...) class='Hi'>illocutionary, the notion of a locutionary act collapses into that of an illocutionary act (Searle 1968). In this paper, I provide an interpretation of Austin’s distinction between locutionary and illocutionary acts and defend it against Searle’s objections. I argue that Searle’s main objection relies on mistakenly running together two notions of ‘force’: the Fregean notion of representational force as presentation-as-true and the Austinian notion of illocutionary force as the social-communicative significance of the speech act. Once we distinguish these we can see that although Searle is correct that Austin’s locutionary acts are forceful in the former sense, he’s mistaken in thinking that such force is illocutionary. Given this, his objection that locutionary acts collapse into illocutionary acts misses its mark. (shrink)

Harm is one of the central concepts of ethics so it would be good to offer an account of it. Many accounts appeal to a baseline: they say that you harm someone if you leave them worse off than in the baseline case. In this paper, I draw some lessons regarding what counts as an appropriate baseline and explore what these general lessons reveal about the nature of harm. In the process of so doing, I argue that (...) a certain rarely-discussed account of harm -- the worse than nothing account of harm -- does a particularly good job at identifying a baseline. This account says you harm someone if you leave them worse off than if you had done nothing to them. (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)

It is typically wrong to act in a way that foreseeably makes some impending harm worse. Sometimes it is permissible to do so, however, if one also offsets the harm increasing action by doing something that decreases the badness of the same harm by at least as much. This chapter argues that the standard deontological constraint against doing harm is not compatible with the permissibility of harm increases that have been offset. Offsetting neither prevents one's (...) other actions from doing harm nor ensures that the harm those actions do is made permissible by any of the constraint's familiar provisos. To make sense of offsetting, the old constraint against doing harm should be replaced with a new constraint against making unoffset harm increases. The chapter discusses how to formulate the new constraint so that it can handle both the offsetting cases that the old constraint gets wrong as as well as the non-offsetting cases that the old constraint gets right. Adopting this constraint against unoffset harm increases may have important implications both for theoretical questions about the sources of deontological constraints as well as for practical questions, such as whether buying carbon offsets can make emitting carbon dioxide permissible. (shrink)

This paper is divided into two parts. In the first part, I extend the traditional definition of lying to illocutionary acts executed by means of explicit performatives, focusing on promising. This is achieved in two steps. First, I discuss how the utterance of a sentence containing an explicit performative such as “I promise that Φ ” can count as an assertion of its content Φ . Second, I develop a general account of insincerity meant to explain under which conditions (...) a given illocutionary act can be insincere, and show how this applies to promises. I conclude that a promise to Φ is insincere (and consequently a lie) only if the speaker intends not to Φ , or believes that he will not Φ , or both. In the second part, I test the proposed definition of lying by promising against the intuitions of ordinary language speakers. The results show that, unlike alternative accounts, the proposed definition makes the correct predictions in the cases tested. Furthermore, these results challenge the following necessary conditions for telling a lie with content p: that you have to assert p directly; that you have to believe that p be false; that p must be false; that you must aim to deceive the addressee into believing that p. (shrink)

By providing an explicit estimate of the harms caused by personal greenhouse gas emissions, John Nolt (in his “How Harmful are the Average American’s Greenhouse Gas Emissions?”) hopes to undermine tendencies to downplay these emissions and their impacts on global climate change. He estimates that an average American would be responsible for one two-billionth of the suffering or death of two billion people (over 1000 years). He treats this as equivalent to being responsible for the suffering or death of one (...) person. In my paper I argue that these are not equivalent, and that the former is less problematic than the latter. I end with the suggestion that, in terms of personal emissions, having fewer children is more effective than merely reducing our current emissions. (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.

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

In this paper, we present and defend an analysis of harm that we call the Negative Influence on Well-Being Account (NIWA). We argue that NIWA has a number of significant advantages compared to its two main rivals, the Counterfactual Comparative Account (CCA) and the Causal Account (CA), and that it also helps explain why those views go wrong. In addition, we defend NIWA against a class of likely objections, and consider its implications for several questions about harm and (...) its role in normative theorizing. (shrink)

Inflicting harm is generally preferable to inflicting death. If you must choose between the two, you should generally choose to harm. But prenatal harm seems different. If a mother must choose between harming her fetus or aborting it, she may choose either, at least in many cases. So it seems that prenatal harm is particularly objectionable, sometimes on a par with death. This paper offers an explanation of why prenatal harm seems particularly objectionable by drawing (...) an analogy to the all-or-nothing problem. It then argues that this analogy offers independent support for the ‘voluntarist’ view that at least some parental role obligations are grounded in the choice to be a parent. (shrink)

The counterfactual comparative account of harm faces problems in cases that involve overdetermination and preemption. An influential strategy for dealing with these problems, drawing on a suggestion made by Derek Parfit, is to appeal to _plural harm_—several events _together_ harming someone. We argue that the most well-known version of this strategy, due to Neil Feit, as well as Magnus Jedenheim Edling’s more recent version, is fatally flawed. We also present some general reasons for doubting that the overdetermination and preemption (...) problems for the counterfactual comparative account can be satisfactorily solved by appealing to plural harm. (shrink)

In this article, I firstly discuss the person-affecting view of harm, distinguishing between the liability and the structural models of responsibility, and also explaining why it is unsatisfactory, from a moral point of view, to interpret a given harm as a loss with respect to a diachronic baseline. Then, I take sweatshops as an example and I entertain two further issues that are related to the assessment of harm and that are necessary for operationalising a comprehensive model (...) of responsibility, that takes into account both liability and structural injustice. The first one is how to interpret harm when it is coexistent with a diachronic benefit and/or the parties involved in the social structures leading to harm seek to unload their responsibility by hiding behind a cooperative deadlock. The second one is how far along the chain of actions leading to harm can structural responsibility be extended. (shrink)

Nicholas Agar argues, that enhancement technologies could be used to create post-persons—beings of higher moral status than ordinary persons—and that it would be wrong to create such beings.1 I am sympathetic to the first claim. However, I wish to take issue with the second.Agar's second claim is grounded on the prediction that the creation of post-persons would, with at least moderate probability, harm those who remain mere persons. The harm that Agar has in mind here is a kind (...) of meta-harm: the harm of being made more susceptible to being permissibly harmed—more liable to harm. Agar suggests that, if post-persons existed, mere persons could frequently be permissibly sacrificed in order to provide benefits to the post-persons. For instance, perhaps they could be permissibly used in lethal medical experiments designed to develop medical treatments for post-persons. By contrast, he suggests that mere persons typically cannot be permissibly sacrificed to provide benefits to other mere persons. He thus claims that mere persons would be more liable to sacrifice if post-persons existed than they are in the absence of post-persons. The creation of post-persons would make them worse off in at least this one respect.Agar then argues that, since this meta-harm imposed on mere persons would not be compensated, it would be wrong to create post-persons. It is here that I believe his argument begins to go awry. According to the concept of compensation that Agar deploys , a harm imposed on X is compensated just in …. (shrink)

Epistemic harms associated with sexual violence, such as rape and sexual assault, are often linked to the distrust of the victim's testimonies or their inability to comprehend their own experiences. This chapter aims to demonstrate that the existing literature has largely overlooked other potential epistemic harms directly stemming from sexual violence. By analyzing the cognitive changes related to the fear and anxiety experienced by many victims of sexual violence, the chapter introduces two distinct types of epistemic harms: targeted epistemic harms, (...) which result in the formation of false beliefs about the dangerousness of certain people and contexts, thereby reducing opportunities for gaining specific knowledge from the feared and avoided individuals and contexts; and structural epistemic harms, which bring about profound shifts in core assumptions regarding one’s safety in the world and the trustworthiness of others. (shrink)

Philosophy & Public Affairs, Volume 50, Issue 2, Page 202-238, Spring 2022.

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts (...) are said to be constituted by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (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)

Harms of medical interventions are systematically underestimated in clinical research. Numerous factors—conceptual, methodological, and social—contribute to this underestimation. I articulate the depth of such underestimation by describing these factors at the various stages of clinical research. Before any evidence is gathered, the ways harms are operationalized in clinical research contributes to their underestimation. Medical interventions are first tested in phase 1 ‘first in human’ trials, but evidence from these trials is rarely published, despite the fact that such trials provide the (...) foundation for assessing the harm profile of medical interventions. If a medical intervention is deemed safe in a phase 1 trial, it is tested in larger phase 2 and 3 clinical trials. One way to think about the problem of underestimating harms is in terms of the statistical ‘power’ of a clinical trial—the ability of a trial to detect a difference of a certain effect size between the experimental group and the control group. Power is normally thought to be pertinent to detecting benefits of medical interventions. It is important, though, to distinguish between the ability of a trial to detect benefits and the ability of a trial to detect harms. I refer to the former as power-B and the latter as power-H. I identify several factors that maximize power-B by sacrificing powerH in phase 3 clinical trials. If a medical intervention is approved for general use, it is evaluated by phase 4 post-market surveillance. Phase 4 surveillance of harms further contributes to underestimating the harm profile of medical interventions. At every stage of clinical research the hunt for harms is shrouded in secrecy, which further contributes to the underestimation of the harm profiles of medical interventions. (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)

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)

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)

Particular applications of Privacy by Design (PbD) have proven to be valuable tools to protect privacy in many technological applications. However, PbD is not as promising when applied to technologies used for surveillance. After specifying how surveillance and privacy are understood in this paper, I will highlight the shortcomings of PbD when applied to surveillance, using a web-scanning system for counter-terrorism purposes as an example. I then suggest reworking PbD into a different approach: the Minimum Harm by Design (MHbD) (...) model. MHbD differs from PbD principally in that it acknowledges that the potential harms of surveillance bear not only upon privacy but also values that define the very constitution of a society and its political character. MHbD aims to identify and systematise the different categories of such harms and links them to current theories on surveillance on the one hand and on possible design measures on the other. (shrink)

In this paper, I defend an account of harm as event-based but also in the mold of the account offered by Joel Feinberg in his magnum opus, The Moral Limits of the Criminal Law.3 The analysis I offer is meant, that is, to be serviceable in a project like Feinberg’s–that is, it is one of normative political philosophy—and, importantly here, useful for determining when speech might rightly be limited. On the account defended here, to undergo a harm is (...) to be the subject of an event wherein one’s interests are wrongfully set back and wherein the status of the undergoing of the harm derives from its being the sort of event that it is (namely, a setting back of interests), independently of the badness of any resulting state. (shrink)

A pro-life view can be called harm-theoretic if it claims abortion is impermissible because of the harm caused to the fetus. These positions are important in the abortion discussion because they allow pro-lifers to argue abortion is impermissible without claiming the fetus is a moral person. A major problem with harm-theoretic abortion views is that they fall victim to the contraception reductio. The contraception reductio was originally posed toward the Future like Ours argument for the impermissibility of (...) abortion, but I show it is a problem for harm-theoretic positions in general. I argue that the currently proposed solutions aimed at solving the contraception reductio are unsatisfactory because they commit you to unnecessary controversial metaphysical positions, such as animalism and denying mereological universalism. Then, I give a new solution to the contraception reductio that avoids those metaphysical commitments. The main conclusion is that harm-theoretic views can avoid the contraception reductio by accepting a biological account of the harm of death. (shrink)

Discussion of epistemic responsibility typically focuses on belief formation and actions leading to it. Similarly, accounts of collective epistemic responsibility have addressed the issue of collective belief formation and associated actions. However, there has been little discussion of collective responsibility for preventing epistemic harms, particularly those preventable only by the collective action of an unorganized group. We propose an account of collective epistemic responsibility which fills this gap. Building on Hindriks' (2019) account of collective moral responsibility, we introduce the Epistemic (...) Duty to Join Forces. Our theory provides an account of the responsibilities of scientists to prevent epistemic harms during inquiry. (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)