Rights of Future Generations

This paper is an attempt to investigate a new indirect strategy in order to justify the concepts of prenatal and posthumous rights. Instead of providing positive reasons for recognizing rights without actually living rightholders, I sketch an analogical argument inspired by the famous Lucretian symmetry thesis. It relies on similarities between the major objections raised against rights for past and future people. The provisional examination suggests that there is only one direction for a convincing symmetry – surprisingly, it is the (...) inversion of the one casually relied on by the literature: if we start recognizing prenatal rights, we should recognize their posthumous counterparts likewise. (shrink)

قد يكون الانقراض البشري مادة كوابيس تُنذر بتدمير الحضارة الحديثة برُمتها، ولئن كانت الثقافة الشعبية تميل إلى التركيز فقط على أكثر الاحتمالات إثارة؛ كتوقع اصطدام كويكب عملاق بالأرض (فيلم الخيال العلمي الأمريكي «أرمجدون»: 1998)، أو توقع غزو فضائي للأرض (فيلم الخيال العلمي الأمريكي «يوم الاستقلال»: 1996)، فإن التركيز على مثل هذه السيناريوهات قد يعني تجاهل أخطر التهديدات التي تُواجهنا في عالم اليوم، والتي يُمكن أن نفعل شيئًا للحد منها بتبيانها كخطرٍ وجودي، وتكثيف التعاون الدولي لصياغة وتنفيذ التدابير المحتملة للحد من (...) آثارها. (shrink)

في سنة 2015، ذهب قرابة عشرين شخصًا من سُكان بلدة «ياهابا» (وهي بلدة صغيرة تابعة لولاية «إيواتي» شمال شرق اليابان) إلى مبنى البلدية الخاص بهم للمشاركة في تجربة فريدة من نوعها. كان هدف التجربة هو تصميم سياسات من شأنها تشكيل مستقبل بلدتهم، ما يعني طرح الأسئلة المُخصصة للسياسيين ومحاولة الإجابة عنها: هل من الأفضل أن نستثمر في البنية التحتية أم في رعاية الأطفال؟ وهل يجب أن نُشجع الطاقة المُتجددة أم الزراعة الاصطناعية؟ وهل نعمل وفق خُطط قصيرة الأجل تُحقق مصالح الجيل (...) الحالي، أم وفق خُطط بعيدة الأجل تنظر بعين الاهتمام لحاجات الأجيال التالية؟ وللإجابة عن هذه التساؤلات وفق رؤية مستقبلية تم تقسيم المشاركين إلى مجموعتين؛ الأولى ظل أعضاؤها بملابسهم وهيئاتهم المعتادة كممثلين للجيل الحالي، والثانية ارتدى أعضاؤها معاطف احتفالية رمزية صفراء وطُلب منهم أن يتخيلوا أنهم يعيشون في سنة 2060، أي أنهم يُمثلون مصالح جيل من أجيال المستقبل خلال التجربة. (shrink)

Governments are often so focused on short-term gains that they ignore the long term, thus creating extra unnecessary burdens on their citizens, and violating their responsibilities to future generations. What can be done about this? In this paper I propose a package of reforms to the ways in which policies are made by legislatures, and in which those policies are scrutinised, implemented and evaluated. The overarching aim is to enhance the accountability of the decision-making process in ways that take into (...) account the interests of persons in the future. (shrink)

Political short-termism costs the global economy hundreds of billions to trillions of dollars annually, and leads to many millions of deaths from disasters and suboptimal spending. In this paper, I propose a futures assembly explicitly incentivised to promote the interests of future generations as a promising strategy to ameliorate short-termism. The assembly I propose is governed by citizens randomly selected from among the populace, who are rewarded in the future to the extent that they successfully promote the welfare of future (...) generations. The most initially promising such retrospective accountability mechanism is an iterated mechanism, in which each generation of policymakers rewards the previous generation for their policy choices and for their own evaluation of the previous generation. Such an assembly, supplemented with the duties, powers, and tools that I describe, and with appropriate support from archivists and experts, may manage to represent generations many years into the future. (shrink)

Institutions to address short-termism in public policymaking and to more suitably discharge our duties toward future generations have elicited much recent normative research, which this chapter surveys. It focuses on two prominent institutions: insulating devices, which seek to mitigate short-termist electoral pressures by transferring authority away to independent bodies, and constraining devices, which seek to bind elected officials to intergenerationally fair rules from which deviation is costly. The chapter first discusses sufficientarian, egalitarian, and prioritarian theories of our duties toward future (...) generations, and how an excessive focus on the short term in policymaking may hinder that such duties be fulfilled. It then surveys constraining and insulating devices, and inspects their effectiveness to address the epistemic, motivational, and institutional drivers of political short-termism as well as their intra- and intergenerational legitimacy. (shrink)

What grounds the pro tanto obligation to not destroy heritage? In other words, why is it by default wrong to destroy heritage without justification? The property rights view answers: people, communities and cultures own heritage. The reverence view answers: we are obliged to respect things with non-instrumental value. The moral rights view answers: our predecessors, contemporaries and successors have rights to have their cherishings respected and cultural and epistemic goods protected. The moral harm view answers: destroying heritage causes morally significant (...) harm. I argue that these views all fail to account for the basic obligation to not destroy heritage. I propose that heritage essentially gives us experiences of connections to historically significant things, and these experiences are aesthetically valuable and irreplaceable. Destroying heritage is pro tanto wrong because it leads to the extinction of these precious and vulnerable experiences. My account makes sense of genuineness as an aesthetic property, vindicates the idea of purely aesthetic obligations, and entails that heritage may be of the present and future, not only the past. (shrink)

In this commentary on Darrel Moellendorf’s Mobilizing Hope: Climate Change & Global Poverty (Oxford: Oxford University Press, 2022), I discuss his use of the precautionary principle, whether his hope for climate-friendly ‘green growth’ is realistic given the tendency for inequality to accelerate as it gets higher, and what I call his assumption of a liberal baseline. That is, I worry that the audience to whom the book is addressed are those who already accept the environmental and economic values to which (...) Moellendorf appeals, while those who are blocking effective action on climate change in fact reject those values and are therefore unlikely to be moved by the arguments the book presents. (shrink)

This chapter starts from the claim that the state is plagued with problems of political short-termism: excessive priority given to near-term benefits at the expense of benefits further in thefuture. One possible mechanism to reduce short-termism involves apportioning greater relative political influence to the young, since younger citizens generally have greater additional life expectancy than older citizens and thus it looks reasonable to expect that they have preferences that are extended further into the future. But the chapter shows that this (...) is unlikely to make states significantly less short-termist: no empirical relationship has been found between age and willingness to support long-termist policies. Instead, the chapter proposes a more promising age-based mechanism. States should develop youth citizens’ assemblies that ensure accountability to future generations through a scheme of retrospective accountability. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

The practice of philanthropy, which releases private property for public purposes, represents in many ways the best angels of our nature. But this practice's noteworthy virtues often obscure the fact that philanthropy also represents the exercise of private power. In The Tyranny of Generosity, Theodore Lechterman shows how this private power can threaten the foundations of a democratic society. The deployment of private wealth for public ends may rival the authority of communities to determine their own affairs. And, in societies (...) characterized by wide disparities in wealth, philanthropy often combines with background inequalities to make public decisions overwhelmingly sensitive to the preferences of the rich. Allowing private wealth to dictate social outcomes collides with core commitments of a democratic society, a society in which people are supposed to determine their common affairs together, on equal terms. But why exactly is democracy valuable? How should these values be weighed against the liberty of donors and the many social benefits that philanthropy promises? Lechterman explores these questions by examining various topics in the practice of philanthropy: the respective roles of philanthropy and government, public subsidies for private giving, the use of donations for political speech, instruments of perpetual giving, the rise in giving by commercial corporations, and effective altruism as a guide for individual giving. These studies build to a surprising conclusion: realizing the democratic ideal may be impossible without philanthropy--but making philanthropy safe for democracy also requires fundamental changes to policy and practice. (shrink)

Many people believe that we have moral duties towards those we bring into existence in the short term: our children. Many people also believe that we have moral duties towards those we bring into existence in the long term: future generations. In this article, I explore how these beliefs are connected. I argue that the present generation is morally responsible for future generations in virtue of bringing them into existence. This responsibility entails moral duties to ensure that future people have (...) adequate life prospects. These duties are held directly towards future generations. I argue that this direct argument can overcome challenges that indirect arguments, which justify moral duties concerning future generations via moral duties towards present children, face. The upshot is that considerations from procreative ethics help to illustrate that the present generation stands in a morally relevant special relationship to future generations, a fact that is often overlooked in intergenerational ethics. (shrink)

According to Luck egalitarians, fairness requires us to bring it about that nobody is worse off than others where this results from brute bad luck, but not where they choose or deserve to be so. In this paper, I consider one type of brute bad luck that appears paradigmatic of what a Luck Egalitarian ought to be most concerned about, namely that suffered by people who are born to badly off parents and are less well off as a result. However, (...) when we consider what is supposedly unfair about this kind of unequal brute luck, luck egalitarians face a dilemma. According to the standard account of luck egalitarianism, differential brute luck is unfair because of its effects on the distribution of goods. Yet, where some parents are worse off because they have chosen to be imprudent, it may be impossible to neutralize these effects without creating a distribution that seems at least as unfair. This, I argue, is problematic for luck egalitarianism. I, therefore, explore two alternative views that can avoid this problem. On the first of these, proposed by Shlomi Segall, the distributional effects of unequal brute luck are unfair only when they make a situation more unequal, but not when they make it more equal. On the second, it is the unequal brute luck itself, rather than its distributional effects, that is unfair. I conclude with some considerations in favour of this second view, while accepting that both are valid responses to the problem I describe. (shrink)

This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink)

Prospective parents are sometimes partial towards their future children, engaging in what I call ‘pre-parental partiality’. Common sense morality is as permissive of pre-parental partiality as it is of ordinary parental partiality—partiality towards one’s existing children. But I argue that existing justifications for partiality typically establish weaker reasons in support of pre-parental partiality than in support of parental partiality. Thus, either these existing justifications do not fully account for our reasons of parental partiality, or our reasons to engage in pre-parental (...) partiality are indeed typically weaker than our reasons to engage in parental partiality. (shrink)

Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...) representation have encountered when applied to this particular case. We then survey existing institutional means to represent generations to come. We separate out representation in courts, in parliament, and by independent bodies, and review specific instruments including climate litigation, parliamentary commissions, future representatives, youth quotas, and independent offices for future generations. We examine the particular forms whereby each of these may suitably represent future people, including audience representation, surrogate representation, and indicative representation, and discuss the main challenges they encounter in so doing. (shrink)

_ Source: _Volume 14, Issue 1, pp 73 - 87 According to action-relative accounts of harming, an action harms someone only if it makes her worse off in some respect than she would have been, had the action not been performed. Action-relative accounts can be contrasted with effect-relative accounts, which hold that an action may harm an individual in virtue of its effects on that individual, regardless of whether the individual would have been better off in the absence of the (...) action. In this paper, I argue that our judgments about the strength of the reason against harming lend support to effect-relative accounts over action-relative accounts. I first criticize Fiona Woollard’s argument for the claim that an effect-relative account of harming could ground only a weak reason against harming. I then argue for a set of three principles that can be conjoined with an effect-relative account to explain the strength of the reason against harming. (shrink)

Anca Gheaus considers the reasons we owe our children a sustainable world.

Many are committed to the idea that the present generation has obligations to future generations, for example, obligations to preserve the environment and certain natural resources for those generations. However, some philosophers want to explain why we have these obligations in terms of correlative rights that future persons have against persons in the present. Attributing such rights to future persons is controversial, for there seem to be compelling arguments against the position. According to the “nonexistence” argument, future persons cannot have (...) rights (and so should not be attributed rights) because they do not exist. According to the “no-satisfaction” argument, future persons cannot have a right to resources that do not exist at the time of their existence because such a right could not, in principle, be satisfied. In this paper, I will argue that an eternalist ontology of time provides the resources for satisfactorily responding to both the nonexistence and the no-satisfaction arguments. (shrink)

I argue that the use of a social discount rate to assess the consequences of climate policy is unhelpful and misleading. I consider two lines of justification for discounting: (i) ethical arguments for a "pure rate of time preference" and (ii) economic arguments that take time as a proxy for economic growth and the diminishing marginal utility of consumption. In both cases I conclude that, given the long time horizons, distinctive uncertainties, and particular costs and benefits at stake in the (...) climate context, discount rates are at best a poor proxy for the normative considerations they are meant to represent. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires resources. We owe (...) duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

In this retrospective for Ethics, I discuss H.M. Oliver’s “Established Expectations and American Economic Policies.” This article, by a then-modestly-famous economist, has been ignored (no citations) since its 1940 publication. Yet it bears directly on a normative problem at the intersection of ethics and economics that challenges today’s policymakers but has received comparatively little philosophical attention: how should we balance potentially desirable institutional change against the disruption of established expectations? -/- Oliver details how the principle of fulfilling established expectations cuts (...) across political lines. Conservatives, he observes, criticized inflation for disrupting expectations, and demanded the protection of established corporations. New Deal progressives achieved “the safeguarding of the economic positions of certain important sections of the American people” (104) via statutes designed to protect income and homeownership status. And labor leaders lobbied for the preservation of occupational status. Oliver criticizes these demands on two grounds. First, they are noncompossible: they can’t simultaneously be fulfilled. Second, they are economically inefficient. He concludes that “in a modern dynamic economy, the preservation of status is not and cannot be a feasible criterion of economic justice” (107). -/- I argue that Oliver accurately recognizes both the wide endorsement and the moral ill-foundedness of fulfilling expectations. However, I criticize Oliver’s belief in the noncompossibility of expectations. The established expectations of the wealthy, middle-class homeowners and retirees, and current workers can all be maintained, but at the price of constricting the opportunities of new graduates, immigrants, and the poor—all groups yet to develop settled expectations. This insight renders the protection of expectations not merely inefficient but also unjust. (shrink)