In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may (...) be surprising—and I do not at all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (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)

I aim in this paper to provide defense of one way to look at what should be regulated in the market place. In particular, I discuss what should be tolerated and argue against corporate welfare. I begin by endorsing John Stuart Mill’s harm principle as a normative principle of toleration. I call strict commitment to the harm principle when considering the regulatory structure of markets market libertarianism and oppose that to promotionism, the view that endorses (...) government interference to promote business interests. I next discuss the widespread use of promotionist policies, arguing against them and for market libertarianism. I also consider problems for my view, recognizing that one of my responses may leave some thinking the paper is a reductio of the market libertarian view because of the sort of slow-growth state it endorses. Others will recognize it as a view promoted by some of the U.S. founding fathers and find it attractive in its own right. (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)

Many proponents of the Harm Principle seem to implicitly assume that the principle is compatible with permitting the free exchange of goods and services, even if such exchanges generate so-called market harms. I argue that, as a result, proponents of the Harm Principle face a dilemma: either the Harm Principle’s domain cannot include a large number of non-market harm cases or market harms must be treated on par with non-market harms. I then (...) go on to discuss three alternative arguments defending the status of market harms as exceptions to the Harm Principle and discuss why these arguments also fail. (shrink)

This paper analyzes the case of public anti-vaccine campaigns and examines whether there may be a normative case for placing limitations on public speech of this type on harm principle grounds. It suggests that there is such a case; outlines a framework for when this case applies; and considers seven objections to the case for limitation. While not definitive, the case that some limitation should be placed on empirically false and harmful speech is stronger than it at first (...) appears. (shrink)

In "Should Race Matter?," David Boonin proposes the compensation principle: When an agent wrongfully harms another person, she incurs a moral obligation to compensate that person for the harms she has caused. Boonin then argues that the United States government has wrongfully harmed black Americans by adopting pro-slavery laws and other discriminatory laws and practices following the end of slavery, and therefore the United States government has an obligation to pay reparations for slavery and discriminatory laws and practices to (...) those who have been harmed by them - in particular, to contemporary black Americans. Here I argue that the compensation principle is false because it violates the control principle, the foundational principle of ethics that states that moral responsibility requires control; for an agent to be morally responsible for something, whether or not she does that thing must be within her control. If the compensation principle creates a moral obligation for an agent to compensate a harmed party, failure to do so will result in that agent's being morally blameworthy for failing in her obligation. Because some harms cannot be compensated for, agents who wrongfully harm others will be required to do something that is outside of their control. (shrink)

The ethical Principle of Proportionality requires combatants not to cause collateral harm excessive in comparison to the anticipated military advantage of an attack. This principle is considered a major (and perhaps insurmountable) obstacle to ethical use of autonomous weapon systems (AWS). This article reviews three possible solutions to the problem of achieving Proportionality compliance in AWS. In doing so, I describe and discuss the three components Proportionality judgments, namely collateral damage estimation, assessment of anticipated military advantage, and (...) judgment of “excessiveness”. Some possible approaches to Proportionality compliance are then presented, such as restricting AWS operations to environments lacking civilian presence, using AWS in targeted strikes in which proportionality judgments are pre-made by human commanders, and a ‘price tag’ approach of pre-assigning acceptable collateral damage values to military hardware in conventional attritional warfare. The article argues that application of these three compliance methods would result in AWS’ achieving acceptable Proportionality compliance levels in many combat environments and scenarios, allowing AWS to perform most key tasks in conventional warfare. (shrink)

Donors to global health programs and policymakers within national health systems have to make difficult decisions about how to allocate scarce health care resources. Principled ways to make these decisions all make some use of summary measures of health, which provide a common measure of the value (or disvalue) of morbidity and mortality. They thereby allow comparisons between health interventions with different effects on the patterns of death and ill health within a population. The construction of a summary measure of (...) health requires that a number be assigned to the harm of death. But the harm of death is currently a matter of debate: different philosophical theories assign very different values to the harm of death at different ages. This chapter considers how we should assign numbers to the harm of deaths at different ages in the face of uncertainty and disagreement. (shrink)

This paper focuses on Quong’s account of the scope of the means principle (the range of actions over which the special constraint on using a person applies). One the key ideas underpinning Quong’s approach is that the means principle is downstream from an independent and morally prior account of our rights over the world and against one another. I raise three challenges to this ‘rights first’ approach. First, I consider Quong’s treatment of harmful omissions and argue that Quong’s (...) view generates counter-intuitive results. Second, I argue that cases of harmful omissions raise problems for Quong’s claim that intentions are irrelevant to permissibility. Third, I consider Quong’s extension of the means principle to include uses of persons’ rightfully-owned property. I suggest that, contra Quong, the morality of defensive harm is not based on a prior account of distributive justice. Instead the two normative domains mutually inform one another. (shrink)

This is a response to Earp and colleagues' target article "If I could just stop loving you: Anti-love biotechnology and the ethics of a chemical break-up". I argue that the authors may indulge in the vice of in-principlism when presenting their ethical framework for dealing with anti-love biotechnology, and that they mis-apply the concept of harm.

Islamic legal maxims (qawāʿʿid fiqhiyyah) provide necessary basis for extracting legal injunctions on the unprecedented cases (fiqh al-nawāzil) and make it possible for the jurists to forego the need of memorizing copious fiqh treatises. In light of this fact, this article attempts to design a framework for harm elimination, utilizing the related legal maxims, which will be arguably of great use in developing an outlook that enables a person to tackle the many challenges he or she finds in the (...) course of removal of harm. After explaining the concept and definition of Islamic legal maxims in general, this research surveys in detail the universal legal maxim “harm must be eliminated”, covering its role and significance in the theories of fiqh and its scope and application in contemporary issues. Employing descriptive, analytical and critical methods, this study categorizes the legal maxims related to the harm elimination into three: (1) maxims related to prevention of harm before its occurrence, (2) maxims related to elimination of harm after it has taken place and (3) maxims related to minimization of harm if complete removal is impractical. Likewise, this research analyses the sub-maxims of harm elimination, discussing their legal bases, various purposes for which they operate, related uṣūlī principles and legal examples, providing at the end a flowchart that represents a sequence of five steps useful in the course of removal of harm. (shrink)

A challenge faced by defenders of the precautionary principle is to clarify when the evidence that a harmful event might occur suffices to regard this prospect as a real possibility. Plausible versions of the principle must articulate some epistemic threshold, orde minimisrequirement, which specifies when precautionary measures are justified. Critics have argued that formulating such a threshold is problematic in the context of the precautionary principle. First, this is because the precautionary principle appears to be ambiguous (...) about the distinction between risk and uncertainty: should the principle merely be invoked when evidential probabilities are absent, or also when probabilities have low epistemic credentials? Secondly, defenders of the precautionary principle face an aggregation puzzle: in judging whether or not thede minimisrequirement has been met, how should first-order evidential probabilities and their second-order epistemic standing be aggregated? This article argues that the ambiguity can be resolved, and the epistemological puzzle can be solved. Focusing on decisions in the context of climate uncertainty, I advance a version of the precautionary principle that serves as a plausible decision rule, to be adopted in situations where its main alternative—cost–benefit analysis—does not deliver. (shrink)

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may (...) be applied to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

Because spaying/neutering animals involves the harming of some animals in order to prevent harm to others, some ethicists, like David Boonin, argue that the philosophy of animal rights is committed to the view that spaying/neutering animals violates the respect principle and that Trap Neuter Release programs are thus impermissible. In response, I demonstrate that the philosophy of animal rights holds that, under certain conditions, it is justified, and sometimes even obligatory, to cause harm to some animals in (...) order to prevent greater harm to others. As I will argue, causing lesser harm to some animals in order to prevent greater harm to others, as TNR programs do, is compatible with the recognition of the inherent value of the ones who are harmed. Indeed, we can, and do, spay/neuter cats while acknowledging that they have value in their own right. (shrink)

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

Contact between culturally distinct human groups in the contemporary ‘glocal’ -global and local- world is much greater than at any point in history. The challenge we face is the identification of the most convenient ways to organise the coexistence of different human language groups in order that we might promote their solidarity as members of the same culturally developed biological species. Processes of economic and political integration currently in motion are seeing increasing numbers of people seeking to become polyglots. Thus, (...) English is establishing itself as the usual world supra-language, although it coexists with other lingua francas that are widely used in certain parts of the globe. All this communicative reorganization of the human species may very well pose new problems and aggravate existing tensions as regards language and identity. It would seem that these processes comprise at least four major conceptual dimensions which must be taken into account above all else, as they are both widespread and, left unaddressed, may lead to significant social instability. These dimensions concern linguistic recognition, communicability, sustainability and integration. While accepting the utility of having an inter-national language, the keystone of the system is clearly that it must ensure the linguistic sustainability of each group. The basic principle is likely to be functional subsidiarity, i.e., whatever can be done by the local language should not be done by another one which is more global. As in the quote from Paracelsus --“the dose alone makes the poison”-- contact between languages is not ‘poisonous’ per se, but when the correct dose is exceeded it can prove harmful to the language whose position is weaker. A multilingual and communicated humanity is possible. (shrink)

Three common ethical principles for establishing the limits of parental authority in pediatric treatment decision making are the harm principle, the principle of best interest, and the threshold view. This paper consider how these principles apply to a case of a premature neonate with multiple significant comorbidities whose mother wanted all possible treatments, and whose health care providers wondered whether it would be ethically permissible to allow him to die comfortably despite her wishes. Whether and how these (...) principles help to understand what was morally right for the child is questioned. The paper concludes that the principles were of some value in understanding the moral geography of the case, but that the case reveals common bioethical principles for medical decision making are problematically value-laden because they are inconsistent with the widespread moral value of medical vitalism. (shrink)

This article demonstrates a priori cosmopolitan values of restraint and harm limitation exist to establish a cosmopolitan “no-harm” duty in warfare, predating utilitarianism and permeating modern international humanitarian law. In doing so, the author exposes the atemporal and ahistorical nature of utilitarianism which introduces chaos and brutality into the international legal system. Part 2 conceptualises the duty as derived from the “no-harm” principle under international environmental law. Part 3 frames the discussion within legal pluralism and cosmopolitan (...) ethics, arguing that divergent legal jurisdictions without an international authority necessitates a “public international sphere” to mediate differences leading to strong value-commitment norm-creation. One such norm is the “no-harm” duty in warfare. Part 4 traces the duty to the Stoics, Christianity, Islam, Judaism, African traditional culture, Hinduism, and Confucianism. Parts 5 and 6 explain how the duty manifests in principles of distinction and proportionality under international humanitarian law. (shrink)

This paper proposes three principles for the ethical design of online social environments aiming to minimise the unintended harms caused by users while interacting online, specifically by enhancing the users’ awareness of the moral load of their interactions. Such principles would need to account for the strong mediation of the digital environment and the particular nature of user interactions: disembodied, asynchronous, and ambiguous intent about the target audience. I argue that, by contrast to face to face interactions, additional factors make (...) it more difficult for users to exercise moral sensitivity in an online environment. An ethics for social media user interactions is ultimately an ethics of human relations mediated by a particular environment; hence I look towards an enactive inspired ethics in formulating principles for human interactions online to enhance or at least do not hinder a user’s moral sensitivity. This enactive take on social media ethics supplements classical moral frameworks by asking us to focus on the relations established through the interactions and the environment created by those interactions. (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)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where (...) these prevent autonomy promotion of members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good (...) intended by the actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The settlements surrounding the Exxon Valdez oil spill prove to be an interesting case of retributive and corrective justice in regard to damage to the ecology of the commons, particularly in light of the recent Deepwater Horizon spill in the Gulf of Mexico. After reviewing the harm done to the ecology of Prince William Sound by the spill, and an account of Exxon Corporation’s responsibility, I examine the details of the litigation, particularly the Supreme Court decision in this matter. (...) In the early settlement, there is a clear disproportion between damage awards to plaintiffs representing the current economic users of Prince William Sound versus the trustees for the Sound’s commons. I argue that the disproportion reveals not only a thoroughly economic understanding of ecological commons, but bias in the treatment of its current economic users, as opposed to an understanding of such ecologies as true commons shared over generations. I argue that such biases fail reasonable moral tests and do not stand up to common principles of retributive justice. I end by suggesting a legal maneuver to correct such tendencies. (shrink)

This paper sets out to accomplish two goals. First, drawing on the Irish perspective, it reconceptualises one of the enduring legacy-based harms of epistemic colonisation, in this case, ‘linguicism’, in terms of ‘hermeneutical injustice’. Second, it argues that otherwise well-meaning attempts to combat epistemic colonisation through the inclusion of marginalised testimony can, in certain circumstances, lead to cases of ‘epistemic exploitation’, which, in turn, can result in ‘ontic burnout’. Both linguicism and epistemic exploitation, this paper theorizes, have the potential to (...) bring about ontic burnout. Here is the plan: to set the scene, section I briefly surveys some key arguments supporting the call for higher education institutions (HEIs) to engage in epistemic decolonising, focusing on the importance of striking a balance between two extremes: (i) abandoning all forms of Eurocentric/colonial knowledge through the elimination of inherited thinking and conceptual schemes which result from colonization, in particular, those which remain in our thinking “owing to inertia rather than to our own reflective choices” (Wiredu 2002, p.56); (ii) the other—pursuing a more positive project where we seek to, “exploit as much as is judicious the resources of indigenous conceptual schemes” (Wiredu 1996: p.136). From here, it moves to consider harms associated with a subset of ‘epistemicide’, that is, ‘linguicism’—a phenomenon where the language and culture of the colonizer become part of the ‘civilising project’ and, in more extreme cases of linguicide, forcibly replaces indigenous languages. Section II then explores the subtleties of harmful by-products deriving from ‘inclusion’, namely that which scholars refer to as ‘epistemic exploitation’. Situations where marginalised scholars are finally ‘at the table but still on the menu’ arise when privileged persons, compel marginalised knowers to educate them [and others] about the nature of their oppression (Berenstain, 2016). Habitual requests to turn themselves inside out for emancipatory principles give rise to a phenomenon known as ontic burnout (Dunne and Kotsonis, 2022, p.9)—“a form of dissociative explanatory fatigue culminating in oppressed persons engaging in a conscious or unconscious decoupling from their socially constructed identity, from the burdens and injustices associated with being a member of a certain social kind”. This harm is, I argue, rarely discussed in the literature and worthy of further analysis. (shrink)

Formulations of Mill's principle of utility are examined, and it is shown that Mill did not recognize a moral obligation to maximize the good, as is often assumed. His was neither a maximizing act nor rule utilitarianism. It was a distinctive minimizing utilitarianism which morally obligates us only to abstain from inflicting harm, to prevent harm, to provide for others minimal essentials of well being (to which rights correspond), and to be occasionally charitable or benevolent.

The most plausible line of anti-doping argumentation starts with the fact that performance enhancing substances are harmful and put at considerable risk the health and the life of those who indulge in the overwhelming promises these substances hold. From a liberal point of view, however, this is not a strong reason neither to morally reject doping altogether, nor to put a blanket ban on it; on the contrary, allowing adult, competent and informed athletes to have access to performance enhancement drugs (...) is often showcased as a liberty-related right of noninterference. In this article I will first discuss doping from the liberal point of view, especially in the light of the harm principle as it was introduced by Mill and elaborated by his successors, most notably by Joel Feinberg. Then I will examine whether – and to what degree – one’s decision to receive performance enhancement drugs would mean to use humanity in one’s own person only as a means, which would be self-defeating in the light of Kantian ethics. From this I will move one step backwards to what I consider as the core question concerning the ethics of doping, the one that is logically prior to any other in my view, and concerns the consistency of the thesis that doping may be compatible with sport. I will argue that there is an inherent logical antinomy between doing sport and using performance enhancement drugs, one that presents any argumentation in favor of doping as essentially self-contradictory. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

I argue that physicians can save women from life-threatening pregnancies by performing a craniotomy, placentectomy, or salpingotomy without intending death or harm. To support this conclusion, I defend the relevance thesis about intentions (a person intends X only if X explains the action). I then criticize the identity thesis (if a person intends X and knows that X is identical to Y then the person intends Y) and three mistakenly strict moral principles: (1) one may not intend something that (...) is a serious harm for an innocent person, (2) one may not intend to terminate pregnancy before viability, and (3) one may not act on a person’s body in a harmful way in order to benefit another person. (1) would prohibit procuring organs from living donors, (2) would prohibit treating hepatic pregnancies and other ectopic pregnancies, and (3) would prohibit procuring organs from living donors and performing many prenatal surgeries. (shrink)

For over a century now, American scholars (among others) have been debating the merits of “bad Samaritan” laws — laws punishing people for failing to attempt easy and safe rescues. Unfortunately, the opponents of bad Samaritan laws have mostly prevailed. In the United States, the “no-duty-to-rescue” rule dominates. Only four states have passed bad Samaritan laws, and these laws impose only the most minimal punishment — either sub-$500 fines or short-term imprisonment. -/- This Article argues that every state should criminalize (...) bad Samaritanism. There are three main reasons. First, criminalization is required by the supreme value that we place on protecting human life, a value that motivates laws against both homicide and manslaughter. Second, criminalization is recommended by the “proportionality principle” — i.e., the principle that a law’s level of punishment should be directly proportional to the moral severity of the offense. Third, criminalization would yield a number of significant benefits, including helping to minimize needless deaths and injuries and providing society with an institutional outlet for its outrage against bad Samaritans. -/- Still, many objections have been leveled against bad Samaritan laws. This Article will argue that while some of these objections — for example, the objections involving foundational criminal law principles such as the actus-reus requirement, the harm principle, and causation — are all easily refuted, five other objections are not. These five objections involve pragmatic considerations such as the difficulties with obtaining evidence against bad Samaritans and psychological considerations such as people’s understandable reasons for not wanting to “get involved.” This Article will then put these five objections into reflective equilibrium with the moral arguments for bad Samaritan laws and conclude that while bad Samaritanism should indeed be criminalized, the punishment that convicted bad Samaritans receive should be mild — certainly milder than the level of punishment recommended by the “proportionality principle.” The corollary of this conclusion is that the criminal law should sometimes abandon the proportionality principle. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is (...) thus immoral. But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is (...) unjustified. Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

On most accounts, beliefs are supposed to fit the world rather than change it. But believing can have social consequences, since the beliefs we form underwrite our actions and impact our character. Because our beliefs affect how we live our lives and how we treat other people, it is surprising how little attention is usually given to the moral status of believing apart from its epistemic justification. In what follows, I develop a version of the harm principle that (...) applies to beliefs as well as actions. In doing so, I challenge the often exaggerated distinction between forming beliefs and acting on them.1 After developing this view, I consider what it might imply about controversial research the goal of which is to yield true beliefs but the outcome of which might include negative social consequences. In particular, I focus on the implications of research into biological differences between racial groups. (shrink)

This article focuses on the ethical implications of so-called ‘collateral damage’. It develops a moral typology of collateral harm to innocents, which occurs as a side effect of military or quasi-military action. Distinguishing between accidental and incidental collateral damage, it introduces four categories of such damage: negligent, oblivious, knowing and reckless collateral damage. Objecting mainstream versions of the doctrine of double effect, the article argues that in order for any collateral damage to be morally permissible, violent agents must comply (...) with high standards of care. In order for incidental harm to be permissible, an agent must take pains to avoid such harm even at higher cost to him- or herself. It is argued that accidentally but negligently caused collateral damage may be just as difficult to excuse as incidental harm. Only if high precautionary standards of care are met, can unintended harm to innocents – incidental or accidental – be permissible. In practice, such a strong commitment to avoiding harm to civilians may well lead us to question more generally and rethink more radically how violent conflicts ought to be fought, how military violence ought to be used and whether there are better ways of achieving those aims that we think are legitimate than those we are currently using. (shrink)

When comparing alternative courses of action, modern military decision makers often must consider both the military effectiveness and the ethical consequences of the available alternatives. The basis, design, calibration, and performance of a principles-based computational model of ethical considerations in military decision making are reported in this article. The relative ethical violation (REV) model comparatively evaluates alternative military actions based upon the degree to which they violate contextually relevant ethical principles. It is based on a set of specific ethical principles (...) deemed by philosophers and ethicists to be relevant to military courses of action. A survey of expert and non-expert human decision makers regarding the relative ethical violation of alternative actions for a set of specially designed calibration scenarios was conducted to collect data that was used to calibrate the REV model. Perhaps unsurprisingly, the survey showed that people, even experts, disagreed greatly amongst themselves regarding the scenarios’ ethical considerations. Despite this disagreement, two significant results emerged. First, after calibration the REV model performed very well in terms of replicating the ethical assessments of human experts for the calibration scenarios. The REV model outperformed an earlier model that was based on tangible consequences rather than ethical principles, that earlier model performed comparably to human experts, the experts outperformed human non-experts, and the non-experts outperformed random selection of actions. All of these performance comparisons were measured quantitatively and confirmed with suitable statistical tests. Second, although humans tended to value some principles over others, none of the ethical principles involved—even the principle of not harming civilians—completely overshadowed all of the other principles. (shrink)

It is a mistake to think that we cannot be morally responsible for forgetting because, as a matter of principle, forgetting is outside of our control. Sometimes we do have control over our forgetting. When forgetting is under our control there is no question that it is the proper object of praise and blame. But we can also be morally responsible for forgetting something when it is beyond our control that we forget that thing. The literature contains three accounts (...) of the blameworthiness of forgetting over which the agent has no control—the tracing account, the liberalized awareness condition, and attributionism. Even though these are competing accounts of the blameworthiness of harmful forgetting they are compatible with one another. In particular, it is possible to come up with a position that endorses the tracing account for certain kinds of harmful forgetting and attributionism for other kinds of harmful forgetting. (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this (...) right places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

In this paper, I discuss the claim, endorsed by a number of authors, that contributing to a collective harm is the ground for special responsibilities to the victims of that harm. Contributors should, between them, cover the costs of the harms they have inflicted, at least if those harms would otherwise be rights-violating. I raise some doubts about the generality of this principle before moving on to sketch a framework for thinking about liability for the costs of (...) harms in general. This framework uses a contractualist framework to build an account of how to think about liability for costs on the basis of the presumably attractive thought that individual agents should have as much control over their liabilities as is compatible with others having like control. I then use that framework to suggest that liability on the basis of contribution should be restricted to cases where the contributors could have avoided their contribution relatively costlessly, where meeting the liability is not crippling for them, and where such a liability would not have chilling effects, either on them or on third parties. This account of the grounds for contributory liability also has the advantage of avoiding a number of awkward questions about what counts as a contribution by shifting the issue away from often unanswerable questions about the precise causal genesis of some harm or other. Instead, control over conduct which plausibly has some relation to the harm because crucial. On the basis of this account, I then investigate whether a number of uses of the contributory principle. I argue that contributory liability is not appropriate for cases of collective harms committed by coordinated groups in the way that, for example, Iris Marion Young and Thomas Pogge have suggested and that further investigation of how members of such groups may be liable will be needed. (shrink)

Ethics should guide the design of electronic health records (EHR), and recognized principles of bioethics can play an important role. This approach was adopted recently by a team of informaticists designing and testing a system where patients exert granular control over who views their personal health information. While this method of building ethics in from the start of the design process has significant benefits, questions remain about how useful the application of bioethics principles can be in this process, especially when (...) principles conflict. For instance, while the ethical principle of respect for autonomy supports a robust system of granular control, the principles of beneficence and non-maleficence counsel restraint due to the danger of patients being harmed by restrictions on provider access to data. Conflict between principles has long been recognized by ethicists and has even motivated attacks on approaches that state and apply principles. In this paper we show how using ethical principles can help in the design of EHRs by first, explaining how ethical principles can and should be used generally, and then by, discuss how attention to details in specific cases can show that the tension between principles is not as bad as it initially appeared. We conclude by suggesting further ways in which the application of these (and other) principles can add value to the ongoing discussion of patient involvement in their health care. This is a new approach to linking principles to informatics design that we expect will stimulate further interest. (shrink)

A complete theory of harming must have both a substantive component and a formal component. The substantive component, which Victor Tadros (2014) calls the “currency” of harm, tells us what I interfere with when I harm you. The formal component, which Tadros calls the “measure” of harm, tells us how the harm to you is related to my action. In this chapter I survey the literature on both the currency and the measure of harm. I (...) argue that the currency of harm is well-being and that the measure of harming is best captured by a causal account on which harming is causing a harm. A harm for you is the presence of something intrinsically bad for you or the absence of something intrinsically good for you. Thus, although a counterfactual account of the measure of harm need not distinguish between an harm and a harmful event, the causal account reserves the term ‘harm’, not for a harmful event, but only for its effect. Finally, I show how a complete theory of harming can help us to answer questions about whether we can harm people with speech, whether we can harm the dead, and how it is possible to harm future generations. (shrink)

Gender affirming hormone treatment is an important part of the care of trans adolescents which enables them to develop the secondary sexual characteristics congruent with their identified genders. There is an increasing amount of empirical evidence showing the benefits of gender affirming hormone treatment for psychological health and social well-being in this population. However, in several countries, access to gender affirming hormone treatment for trans adolescents has recently been severely restricted. While much of the opposition to gender affirming hormone treatment (...) for trans adolescents has in part been ideologically motivated, it also reflects a debate about whether there are harms that outweigh the benefits of the treatment. Accordingly, a systematic and comprehensive philosophical analysis of the ethics of gender affirming hormone treatment for trans adolescents is needed. Herein, I offer such an analysis that draws on the four principles of biomedical ethics by Tom Beauchamp and James Childress. Based on the considerations of beneficence, nonmaleficence, autonomy, and justice, I argue that the provision of access to gender affirming hormone treatment for consenting trans adolescents is ethically required and that the current restrictions to such treatment are ethically wrong. (shrink)

Gerald Dworkin provides an insightful starting point for determining acceptable paternalism through his commitment to protecting our future autonomy and health from lasting damage. Dworkin grounds his argument in an appeal to inherent goods, which this paper argues is best considered as a commitment to human flourishing. However, socialconnectedness is also fundamental to human flourishing and an important consideration when determining the just limits of paternalistic drug controls, a point missing from Dworkin’ essay. For British philosopher Thomas Hill Green, regulation (...) of alcohol sales emerged from the social ideal. Green argued that policy interventions, including restricted opening hours and locations, improved the conditions for humans to flourish. Green offers a compelling political vision but fails to account for the fact pleasure is also an inherent good. He focused excessively on our social nature, excluding our more pleasure-seeking and egoistic characteristics. In contrast, a more realistic and complete vision of human flourishing can be found in an amended version of Gerald’s Dworkin’s arguments. In conclusion, this paper argues drug policy makers should remain committed to the harm principle as applied to criminal law whereby a person should never be criminalized for self-harm. Such a limit on paternalistic interventions is deemed necessary when eudaimonia is the end of government action. In practical terms, this means that the criminalization of drug use, as opposed to drug production, is always unjust. (shrink)

In their ‘Ethical and Technical Challenges in Compensating for Harm Due to Solar Radiation Management Geoengineering’ (2014), Toby Svoboda and Peter Irvine (S&I) argue that there are significant technical and ethical challenges that stand in the way of crafting a just solar radiation management (SRM) compensation system. My aim in this article is to contribute to the project of addressing these problems. I do so by focusing on one of S&I’s important ethical challenges, their claim that the polluter pays (...) principle (PPP) is too problematic to be useful in determining responsibility for SRM compensation. Their argument for the latter claim consists in a series of allegations, mostly in the form of questions, that are thought to indicate serious difficulties standing in the way of using the PPP to craft a just compensation system. I argue that S&I fail to substantiate these allegations: the PPP is not as problematic as S&I suggest, and moreover, is a viable candidate for determining responsibility for SRM compensation. S&I raise five allegations against the PPP. I discuss each in turn. (shrink)

When faced with an urgent and credible threat of grave harm, we should take proportionate precautions. But what is it for a precaution to be “proportionate”? I construct a pragmatic analysis of consisting of four tests—permissibility-in-principle, adequacy, reasonable necessity and consistency—that could realistically be applied by a citizens’ assembly meeting online or in person. I apply these tests retrospectively to two examples from the COVID-19 pandemic—border closures and school closures—arguing that my account captures the key questions on which (...) it is both feasible and important to integrate expert input with democratic input. I then consider how we might try to manage the risk of future pandemics in a proportionate way. (shrink)

This paper addresses the question of whether all that unites the main parts of John Stuart Mill’s On Liberty—the liberty principle, the defense of free discussion, the promotion of individuality, and the claims concerning individual competence about one’s own good—is a general concern with individual liberty, or whether we can say something more concrete about how they are related. I attempt to show that the arguments of On Liberty exemplify Mill’s institutional design approach set out in Considerations of Representative (...) Government and related works. Mill’s approach reflects both his debt to Bentham and his own progressive development of the utilitarian tradition. The paper proceeds by setting out the elements of Mill’s institutional designs and then showing that On Liberty neatly applies them, thereby clarifying the structure of the arguments of On Liberty. (shrink)

Turkish Bu makalede bireylerin eylemlerine müdahale etmenin tek haklı gerekçesinin başkalarına zarar gelmesini önlemek olduğunu ifade eden ‘‘zarar ilkesine (Zİ)’’ getirilen üç eleştiriyi tartıştım. Öncelikle ilkeyi anlamlı kılabilecek bir zarar tarifinin bulunmadığı eleştirisini ele alarak bu eleştirinin, ilkenin ancak problemsiz bir zarar tanımı ile birlikte makul kabul edilebileceği varsayımına dayandığını tespit ettim. Zarar kavramına ilişkin var olan bilgi dağarcığımızı görmezden gelmesi ve zarara başvuran ilkeler haricindeki diğer birçok ilkeyi de kapsayan genel bir şüpheciliğin önünü açması nedeniyle ilgili varsayımı reddetmemiz gerektiğini (...) savundum. İkinci olarak, zarar vermenin yanlışlığının halihazırda yaygın olarak kabul ediliyor olmasından ötürü Zİ’nin bize yeni bir şey söylemediği, zararın türü/miktarı gibi güncel tartışmaların yoğunlaştığı noktalarda suskun kaldığı ve dolayısıyla artık işlevsiz olduğu eleştirisini değerlendirdim. Buna karşın hangi zarar tarifinin benimsendiğinden bağımsız olarak Zİ’nin, zararın varlığı kanıtlanmadıkça bireylerin eylemlerinde serbest bırakılmaları gerektiğini vurgulayan bir özgürlük karinesini temsil etme ve bazı eylemlerin zarar içermese dahi yasaklanabileceğini düşünen hukuki ahlakçılara yasak taleplerini gerekçelendirme yükümlülüklerini hatırlatma şeklinde iki önemli işleve halen sahip olduğunu iddia ettim. Son olarak Zİ'nin potansiyel kötüye kullanımlarına dair endişelere değindim. Bu endişelerin giderilmesi için yapılması gerekenin, zarar içeren eylemleri belirlemeye çalışmak değil, her eylemin bir miktar zarar içerme olasılığına sahip olduğunu kabul ederek hangi tür zararların hukuken düzenlenmesi gerektiği özelinde makul bir seçenek ortaya koymak olduğunu iddia ettim. Zİ’nin suiistimallerinin genellikle zarar kavramının geniş yorumlanmasının ürünü olduğunu düşünerek, cebir ve hile eylemlerinin neden olduğu birinci derece zararları esas alan, hukuki öngörülebilirliği artıracak bir hukuki çerçeve benimsemeyi tercih ettim. Kuşkusuz bu tercih yasaklanması gereken bazı zararlı eylemlere karşı hukuki koruma sağlayamama riskini içermektedir; ancak bu, özgürlüğü korumayı taahhüt eden genel bir ilke ortaya koymak için ödenmesi gereken bir bedeldir. Buradan hareketle, ele aldığım üç eleştiriden hiçbirinin Zİ’nin reddedilmesini gerektirmediği sonucuna vardım. English In this article, I discuss three criticisms of ‘‘the harm principle (HP)’’, which states that the only justification for interfering with individual’s actions is to prevent harm to others. First, I address the criticism that there is no definition of harm that can make the principle reasonable, and I find that this criticism is based on the assumption that the principle can only be considered reasonable with an unproblematic definition of harm. I argue that we should reject this assumption because it ignores our existing knowledge of the concept of harm and opens the way for a general skepticism that extends to many principles other than those addressing harm. Secondly, I consider the criticism that, since the wrongfulness of causing harm is already widely accepted, the principle tells us nothing new, is silent on the points where current debates intensify, such as the type/amount of harm, and is therefore no longer functional. On the other hand, I argue that, regardless of the definition of harm adopted, the HP still serves two important functions: Representing a presumption of liberty that emphasizes that individuals should be free to act unless the existence of harm is proven, and reminding legal moralists who believe that some acts can be prohibited even if they do not involve harm of their obligation to justify such prohibitions. Finally, I address concerns about potential abuses of the HP. I argue that what is needed to address these concerns is not to try to identify acts that involve harm, but to recognize that every act has the potential to involve some level of harm, and to make a reasonable choice as to which types of harm should be regulated by law. Considering that abuse of HP often arises from a broad interpretation of the concept of harm, I prefer to adopt a legal framework that would increase legal predictability, based on the first-degree harms caused by acts of force and fraud. Undoubtedly, this choice entails the risk of failing to provide legal protection against certain harmful acts that should be prohibited, but this is a price that must be paid for a general principle that is committed to protecting liberty. Thus, I conclude that none of the three criticisms I discussed require the rejection of HP. (shrink)

Highlights: -/- • Breastfeeding and breastfeeding support can contribute to mitigating climate change. • Achieving global nutrition targets will save more emissions than fuel-switching. • Breastfeeding support programmes support a just transition. • This work can support the expansion of mitigation options in energy system models. -/- Abstract: -/- Renewable gas has been proposed as a solution to decarbonise industrial processes, specifically heat demand. As part of this effort, the breast-milk substitutes industry is proposing to use renewable gas as a (...) substitute for fossil natural gas. However, decarbonising the industrial processing of breast-milk substitutes can increase social license for these products, potentially undermining breastfeeding. World Health Organisation nutrition targets aim to increase exclusive breastfeeding to at least 50% globally by 2025 to improve maternal, infant, and young child health and nutrition. This target will have implications for the energy transition. A weakness of existing energy models is that demands for end-use products such as breast-milk substitutes are typically not considered explicitly. This paper develops an analytical framework for explicitly representing infant feeding methods in energy systems models. We compare the emissions saved in Ireland from decarbonising the industrial processing of breast-milk substitutes with renewable gas with the emissions saved by an increase in exclusive breastfeeding to 50% in both Ireland and a key export market, China. We demonstrate that the emissions saved from achieving the minimum global breastfeeding target are greater than when renewable gas is used to displace natural gas in the production of breast-milk substitutes in Ireland. We discuss the decarbonisation of breast-milk substitutes in relation to the principle of justice as non-maleficence, a principle based on the commitment to avoid harm, a novel application of a principle of justice. We conclude that breastfeeding support can be considered a demand-side measure for mitigating climate change by reducing the demand for energy services to produce breast-milk substitutes. A key recommendation is to position breastfeeding support as both a public health and a climate justice issue that is relevant for a just transition. The framework developed for this paper could be applied to support the inclusion of a wider range of mitigation options with social justice outcomes in energy system models. [Open access]. (shrink)

Significant disagreement remains in ethics about the duties we have towards wild animals. This paper aims to mediate those disagreements by exploring how they are supported by, or diverge from, the common-sense ethical principles of non-maleficence, beneficence, autonomy and justice popular in medical ethics. We argue that these principles do not clearly justify traditional conservation or a ‘hands-off ’ approach to wild-animal welfare; instead, they support natural negative duties to reduce the harms that we cause as well as natural positive (...) duties to promote the welfare of wild animals. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international level were (...) in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

Contemporary philosopher David Benatar has advanced the self-evidently controversial claim that “coming into existence is always a harm.” Benatar’s argument turns on the basic asymmetry between pleasure and pain, an asymmetry he seeks to explain by the principle that those who never exist cannot be deprived. Benatar’s import is almost incredible: humans should cease to procreate immediately, thereby engendering the extinction of the species—a view known as “anti-natalism.” According to many of his readers, the ancient Hebrew sage Qoheleth (...) expresses a pessimistic nihilism that runs as thick as Benatar’s. Prima facie grounding for this assertion is that Qoheleth, like Benatar, raises the issue of whether coming into existence may be a harm—and gives an affirmative answer. In two passages, Ecclesiastes 6:1-6 and 4:1-3, Qoheleth declares that an unborn hypothetical person is “better off” than their existent counterpart. Yet the meaning and implication of these words is far from obvious. Does Qoheleth imply that the non-exister’s state, and non-existence in general, is universally superior to existence? Or is he instead speaking exceptionally, of particular persons in rare circumstances? By examining the two “better”-statements in their literary context, I will argue that Qoheleth intends these examples as exceptions. He does not go so far as to make the supremely nihilistic claim that coming into existence is always, or even generally, a net harm; yet, he does concede that in certain cases, it can be. Beyond this, I will explore how the two thinkers’ divergent conclusions can be traced to a deeper difference of philosophical method. This question concerning non-existence opens a window to Qoheleth’s broader scheme of values and therefore serves as a surprisingly useful entry point by which to engage his philosophy. The paper utilizes the methodology Jaco Gericke has recently termed “philosophical criticism,” but specifically applied to Qoheleth. (shrink)