The question I address in this paper is whether and under what conditions it is morally right to bring a person into existence. I defend the commonsensical thesis that, other things being equal, it is morally wrong to create a person who will be below some threshold of quality of life, even if the life of this potential person, once created, will nevertheless be worth living. However commonsensical this view might seem, it has shown to be problematic because of the (...) so-called 'Non-Identity Problem'. Both utilitarian and rights-based approaches have been unable to provide a solution to this problem. I rest my thesis on two premises: that causing a disability or impairment in a future person is prima facie wrong, so long as we can avoid causing such a disability to that very person; and that reproduction, under normal conditions, is prima facie morally indifferent. From these two premises, I conclude that it is prima facie wrong to bring into existence a person with a non-trivial disability or impairment (which might be, nonetheless, compatible with a worthwhile life), even if the only available alternative is to remain childless. (shrink)

Recent advancements in developmental biology enable the creation of embryo-like structures from human stem cells, which we refer to as human embryo-like structures (hELS). These structures provide promising tools to complement—and perhaps ultimately replace—the use of human embryos in clinical and fundamental research. But what if these hELS—when further improved—also have a claim to moral status? What would that imply for their research use? In this paper, we explore these questions in relation to the traditional answer as to why human (...) embryos should be given greater protection than other (non-)human cells: the so-called Argument from Potential (AfP). According to the AfP, human embryos deserve special moral status because they have the unique potential to develop into persons. While some take the development of hELS to challenge the very foundations of the AfP, the ongoing debate suggests that its dismissal would be premature. Since the AfP is a spectrum of views with different moral implications, it does not need to imply that research with human embryos or hELS that (may) have ‘active’ potential should be completely off-limits. However, the problem with determining active potential in hELS is that this depends on development passing through ‘potentiality switches’ about the precise coordinates of which we are still in the dark. As long as this epistemic uncertainty persists, extending embryo research regulations to research with specific types of hELS would amount to a form of regulative precaution that as such would require further justification. (shrink)

The article examines whether fulfilling one's potential and doing one's best are sufficient or necessary conditions for having a meaningful life. It concludes that they are just contributing factors and can sometimes even diminish life's meaning.

Normative discourse on genocide frequently refers to group injuries, but this can be problematic for those for whom normative justification ought, in principle, to be reducible to individual terms. Such ethical individualists may hold that an ultimately individualizable description of injury is always theoretically superior (in lacking either superfluous or ontologically suspect entities). Accepting the strictures of individualistic justification, this paper presumes that attributing injury to group subjects will be unsatisfying if this attribution does not include a normatively significant group (...) character. Taking up these challenges, this essay analyzes the conceptual possibility of normatively significant group injury, describing its necessary and sufficient conditions. (shrink)

When attempting to determine which of our acts affect future generations and which affect the identities of those who make up such generations, accounts of personal identity that privilege psychological features and person affecting accounts of morality, whilst highly useful when discussing the rights and wrongs of acts relating to extant persons, seem to come up short. On such approaches it is often held that the intuition that future persons can be harmed by decisions made prior to their existence is (...) mistaken as identity is a most fragile thing with even the smallest differences in the conditions under which we procreate affecting not the interests of distinct future persons, but the identities of those who will come to exist in the future. Within this paper I reject this view, holding that a subscription to these two accounts need not result in the conclusion that virtually all acts relating to possible persons are permitted. Further, I argue that such accounts may in fact allow a great deal more scope for the determination of prenatal harms than accounts of personal identity that privilege physical features. Finally, by interpreting claims regarding causal identity such as Parfit’s Time Dependence Claim in terms of Counterpart Theory I suggest that a solution to the non-identity problem can be found in the acceptance of, as relevant in prenatal cases, three kinds of objective similarity relations: Biological, Environmental and Decisional counterpart relations. (shrink)

Secondary findings for adult-onset diseases in pediatric clinical sequencing can benefit parents or other family members. In the absence of data showing harm, it is ethically reasonable for parents to request such information, because in other types of medical decision-making, they are often given discretion unless their decisions clearly harm the child. Some parents might not want this information because it could distract them from focusing on the child's underlying condition that prompted sequencing. Collecting family impact data may improve future (...) policy determinations. (shrink)

ABSTRACT:Increasingly, global businesses are confronted with the question of complicity in human rights violations committed by abusive host governments. This contribution specifically looks at silent complicity and the way it challenges conventional interpretations of corporate responsibility. Silent complicity implies that corporations have moral obligations that reach beyond the negative realm of doing no harm. Essentially, it implies that corporations have a moral responsibility to help protect human rights by putting pressure on perpetrating host governments involved in human rights abuses. This (...) is a controversial claim, which this contribution proposes to analyze with a view to understanding and determining the underlying conditions that need to be met in order for moral agents to be said to have such responsibilities in the category of the duty to protect human rights. (shrink)

The wrongful disability problem arises whenever a disability-causing, and therefore (presumptively) wrongful, procreative act is a necessary condition for the existence of a person whose life is otherwise worth living. It is a problem because it seems to involve no harm, and therefore no wrongful treatment, vis-à-vis that person. This essay defends the nonconsequentialist, rights-based, account of the wrong-making features of wrongful disability. It distinguishes between the person-affecting restriction, roughly the idea that wrongdoing is always the wronging of some person, (...) and the harm principle, the idea that all wrongings are harmings. It argues, first, that the harm principle should be rejected, in light of offending intuitions in salient examples. Rejection of the harm principle is not only independently plausible, but also paves the way for a nonconsequentialist diagnosis of wrongful disability. This diagnosis conceives of wrongdoing as a failure to express adequate respect for the humanity or personhood inherent in the person created. The paper defends a theory of humanity-respecting rights that accommodates plausible intuitions about satisficing and fairness, without resorting to consequentialist premises that lead to well-known impossibility results and paradoxes. (shrink)

Even though talent identification in sport is considered by many to be a positive phenomenon, there are several controversies associated with the issue. This article deals with these disputations f...

When mature minors face a decision with important consequences, such as whether to undergo a risky but potentially life-saving medical procedure, who should decide? Relying on liberal political theory’s account of the importance of decisional autonomy for adults, and given the scalar nature of the capacities needed to exercise decisional autonomy, I argue that mature minors with the requisite capacities and commitments have a right to decisional autonomy though they are not yet 18. I argue for this right using a (...) ‘balancing of interest’ account of rights: the interest mature minors have in decisional autonomy outweighs their parents’ interest in shaping their children as a means of ‘creative self-extension’. But I propose two limitations on this right: requests for waivers of the rule that one must be at least 18 to decide cannot be so numerous as to make adjudication impractical; and though a competent adult’s voluntary decision to refuse medical treatment should generally be respected, the state may reject a mature minor’s decision upon review by an indifferent judge of the minor’s capacities and reasons. The judge reviews not the substantive merits or prudence of the decision, but whether the decision promotes the interest in decisional autonomy, by asking among other things whether the decision is the minor’s own, is tethered to core commitments rather than based on arbitrary preferences, and could be regarded as reasonable to the minor’s ‘future self’. (shrink)

People in liberal societies tend to feel a little uncomfortable talking about male genital cutting, but generally do not think it is morally abhorrent. But female genital cutting is widely consider...

Labeling of food consumption is related to food safety, food quality, environmental, safety, and social concerns. Future politics of food will be based on a redefinition of commodity food consumption as an expression of citizenship. “Citizen-consumers” realize that they could use their buying power in order to develop a new terrain of social agency and political action. It takes for granted kinds of moral selfhood in which human responsibility is bound into human agency based on knowledge and recognition. This requires (...) new kinds of food labeling practices. Existing research on consumer’s preferences often fails to recognize the full complexity of the motivations and intentions through which the identity of the moral self is built up in relation to food consumption practices. For citizens, not only food production practices matter but also the impact of what we eat on who we are and the ecological foot print of our food stuff. Two major drivers for this are the idea that we ourselves have to take care of our own bodies (“We are what we eat”) and that we are responsible for Planet Earth. Since both obesity and climate change have become major public concerns, also governments develop an increasing interest in defining how citizens ought to behave as consumers and how retailers and producers should facilitate such responsible behavior. Since they are supposed to defend the “bonum commune,” e.g., the public health of their citizens and a sound common future for all, a new consensus on “appropriate” consumption choices has to be found, balancing beneficence and autonomy. (shrink)

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in our eyes. (...) Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies criminalization of a wide range (...) of conduct on the basis of the fear, worry, and anxiety it generates among those who are not the direct victims of the conduct, and thereby undermines the limiting role of the harm principle by permitting the very move it was meant to prevent: the criminalization of harmless conduct on the ground of others’ feelings about it. The best way to avoid this dilemma is to recognize that people have rights, operating independently of the harm principle, to be treated in certain ways just because they are persons. The existence of such rights provides a ground for both criminalizing conduct and limiting the scope of criminalization because these rights point both to conduct that people must be permitted to engage in and conduct that might well be criminalized. A complete account of criminal law will therefore require the harm principle to work together with an independent account of rights. (shrink)

In this paper I argue that Joel Feinberg was wrong to suppose that liberals must oppose any criminalization of “harmless immorality”. The problem with a theory that permits criminalization only on the basis of his harm and offense principles is that it is underinclusive, ruling out laws that most liberals believe are justified. One objection (Arthur Ripstein’s) is that Feinberg’s theory is unable to account for the criminalization of harmless personal grievances. Another (Larry Alexander’s and Robert George’s) is that it (...) cannot account for public decency laws. I shall reject both of these underinclusiveness objections in favor of one that focuses on the “free floating evil” of corpse desecration. Liberals need “pure” legal moralism (PLM) to explain their support for a criminal ban on mistreatment of the dead. I also argue that while deterrence is plausibly regarded as the primary rationale for criminalizing and punishing wrongs like murder or rape, it is not plausibly regarded as any part of the rationale for criminalizing free floating evils. The point of punishing corpse desecrators has to be either retribution or the promotion of virtue/discouraging of vice. Finally, I consider Feinberg’s reason for rejecting all PLM, namely, that competent adults have a right to personal sovereignty or autonomy, and the state’s duty to respect that right trumps the desirability of punishing or reducing the vice associated with harmless immorality. I argue that Feinberg’s argument here fails because it exaggerates the right’s strength and scope. (shrink)

Some have objected to human enhancement on the grounds that it violates the autonomy of the enhanced. These objections, however, overlook the interesting possibility that autonomy itself could be enhanced. How, exactly, to enhance autonomy is a difficult problem due to the numerous and diverse accounts of autonomy in the literature. Existing accounts of autonomy enhancement rely on narrow and controversial conceptions of autonomy. However, we identify one feature of autonomy common to many mainstream accounts: reasoning ability. Autonomy can then (...) be enhanced by improving people’s reasoning ability, in particular through cognitive enhancement; given how valuable autonomy is usually taken to be, this gives us extra reason to pursue such cognitive enhancements. Moreover, autonomy-based objections will be especially weak against such enhancements. As we will argue, those who are worried that enhancements will inhibit people’s autonomy should actually embrace those enhancements that will improve autonomy. (shrink)

The paper addresses arguments in the recent philosophical and bioethical literature claiming that social and cultural benefits can justify non-therapeutic male infant circumcision. It rejects these claims by referring to the open future argument, according to which infant circumcision is morally unjustifiable because it violates the child’s right to an open future. The paper also addresses an important objection to the open future argument and examines the strength of the objection to refute the application of the argument to the circumcision (...) case. (shrink)

We report on the case of a 2-year-old female, the youngest person ever to undergo ovarian tissue cryopreservation (OTC). This patient was diagnosed with a rare form of sickle cell disease, which required a bone-marrow transplant, and late effects included high risk of future infertility or complete sterility. Ethical concerns are raised, as the patient's mother made the decision for OTC on the patient's behalf with the intention that this would secure the option of biological childbearing in the future. Based (...) on Beauchamp and Childress's principlism approach of respect for autonomy, nonmaleficence, beneficence, and justice, pursing OTC was ethically justified. (shrink)

Journal of Social Philosophy, EarlyView.

In A Confession, a memoir of his philosophical midlife crisis, Tolstoy recounts falling into despair after coming to believe that his life, and for that matter all human life, is meaningless and absurd. Although Tolstoy's account of the origin and phenomenology of his crisis is widely regarded as illuminating, his response to the crisis, namely, embracing a religious tradition that he had previously dismissed as “irrational,” “incomprehensible,” and “mingled with falsehood” seems unpromising, at best. Nevertheless, I argue, Tolstoy's account of (...) his response makes a valuable contribution to contemporary thought about the meaning and absurdity of life. I begin by drawing on classic discussions in the philosophical literature, and on Tolstoy's memoir, in order to characterize the problem of meaning and the problem of the absurd, and to clarify the relation between these problems. I then draw on Tolstoy's account of his response to his crisis in order to characterize a form of faith in our deepest values. I argue that such faith supplies one important part of the story concerning how we might respond to the problem of the absurd — a part that has been overlooked by more recent discussions of these issues. (shrink)

The article takes up the difficult problem of the so-called disobedience of judges against the background of the experiences of the Polish departure from constitutional democracy in 2015–2020. The special role and responsibility of a judge in the state imposes restrictions on her freedom of opinion in the public sphere. Openly manifesting opposition to government policy, which in the case of an ordinary citizen is only the implementation of human rights and freedoms, may be described as controversial and contrary to (...) applicable ethical regulations. The main thesis of this paper is the assertion that although judges who act as impartial arbitrators in disputes should generally refrain from ostentatiously opposing the actions of political authorities, they are not deprived of the possibility of protest. Also in the exercise of office, and not outside the sphere of their duties, judges should take into account overriding moral values that should be implemented by the legal order, and not the values or declarations guiding the government policies. The integrity of the judge, which prescribes restraint in statements and actions in the public sphere, as well as the care for the dignity of the office held, should not be confused with absolute subordination to the legislature or the executive, even if the judge is obliged to apply the law. The traditional attitude of the members of the judiciary, consisting in focusing only on the application of the law in individual cases and the lack of any political involvement, is being reviewed in the face of the spread of majoritarianism and the law abuse as normal techniques of exercising public authority. The disobedience of judges—although difficult to defend at first sight—may seem to be the only possible way to draw public attention to the corruption of the state system. The ‘disobediant’ judges can even be assigned the role of ‘whistleblowers’, which should help to ease their legal liability or their future rehabilitation. (shrink)

This paper takes a novel approach to the active bioethical debate over whether advance medical directives have moral authority in dementia cases. Many have assumed that advance directives would lack moral authority if dementia truly produced a complete discontinuity in personal identity, such that the predementia individual is a separate individual from the postdementia individual. I argue that even if dementia were to undermine personal identity, the continuity of the body and the predementia individual’s rights over that body can support (...) the moral authority of advance directives. I propose that the predementia individual retains posthumous rights over her body that she acquired through historical embodiment in that body, and further argue that claims grounded in historical embodiment can sometimes override or exclude moral claims grounded in current embodiment. I close by considering how advance directives grounded in historical embodiment might be employed in practice and what they would and would not justify. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

In a near-future world of bionics and biotechnology, the main ethical and political issue will be the definition of who we are. Could biomedical enhancements transform us to such an extent that we would be other than human? Habermas argues that any genetic enhancement intervention that could potentially alter ‘human nature’ should be morally prohibited since it alters the child’s nature or the very essence that makes the child who he is. This practice also commits the child to a specific (...) life project or, in any case, it puts specific restrictions on his freedom to choose a life of his own. Ultimately, genetic enhancement jeopardizes the very foundations of moral equality. I contend that Habermas’ argument is based either on a series of presuppositions that imply a gross misunderstanding of evolution or the relevant factual information cocerning the action we are about to morally assess is not empirically supported. Hence, the argument from human nature is based on a series of false or problematic assumptions, and, as such, it fails to play the normative role intended by Habermas. (shrink)

Since human reproduction is arguably both irrational and immoral, those who seek help before conceiving could be advised it is all right not to have children.

European animal disease policy seems to find its justification in a “harm to other” principle. Limiting the freedom of animal keepers—e.g., by culling their animals—is justified by the aim to prevent harm, i.e., the spreading of the disease. The picture, however, is more complicated. Both during the control of outbreaks and in the prevention of notifiable, animal diseases the government is confronted with conflicting claims of stakeholders who anticipate running a risk to be harmed by each other, and who ask (...) for government intervention. In this paper, we first argue that in a policy that aims to prevent animal diseases, the focus shifts from limiting “harm” to weighing conflicting claims with respect to “risks of harm.” Therefore, we claim that the harm principle is no longer a sufficient justification for governmental intervention in animal disease prevention. A policy that has to deal with and distribute conflicting risks of harm needs additional value assumptions that guide this process of assessment and distribution. We show that currently, policies are based on assumptions that are mainly economic considerations. In order to show the limitations of these considerations, we use the interests and position of keepers of backyard animals as an example. Based on the problems they faced during and after the recent outbreaks, we defend the thesis that in order to develop a sustainable animal disease policy other than economic assumptions need to be taken into account. (shrink)

There are cases where many think it would have been better for some child never to have been born. We can imagine a life characterized exclusively by suffering, never containing even the briefest moment of pleasure. The life goes exceedingly poorly – so poorly, we think, that it would have been better for the child never to have been. However, most of us think that many lives are not of this sort. Many lives are at least all right: the good (...) moments outweigh the bad, and so it’s not better for those people never to have been born.David Benatar offers a compelling and challenging argument against this common view.See David Benatar [1]. He endorses anti-natalism, which is the view that there’s always a pro tanto moral reason, grounded in the interests of a potential child, against creating the child because it’s always better for the child never to have been born.As will be mentioned in note 13, there is strictly speaking a qualification: if one’s life contains no pains at all, then it’s .. (shrink)

In the US, stem cell research is at a moral impasse—many see this research as ethically mandated due to its potential for ameliorating major diseases, while others see this research as ethically impermissible because it typically involves the destruction of embryos and use of ova from women. Because their creation does not require embryos or ova, induced pluripotent stem cells offer the most promising path for addressing the main ethical objections to stem cell research; however, this technology is still in (...) development. In order for scientists to advance induced pluripotent stem cell research to a point of translational readiness, they must continue to use ova and embryos in the interim. How then are we to ethically move forward with stem cell research? We argue that there is personal integrity and value in adopting a ‘moral compromise’ as a means for moving past the moral impasse in stem cell research. In a moral compromise, each party concedes part of their desired outcome in order to engage in a process that respects the values and desires of all parties equitably. Whereas some contend that moral compromise in stem cell research necessarily involves self-contradiction or loss of personal integrity, we argue that in the US context, stem cell research satisfies many of the key pre-conditions of an effective moral compromise. To illustrate our point, we offer a model solution wherein eggs and embryos are temporarily used until non-egg and non-embryonic sources of pluripotent stem cells are developed to a state of translational readiness. (shrink)

ABSTRACTReceived wisdom in most democracies is that voting should be seen as a political freedom that citizens have a right to exercise at their discretion. But I propose that we have a duty to vote, albeit a duty to vote well: with knowledge and a sense of impartiality. Fulfillment of this obligation would contribute to the epistemic advantages of democracy, and would thereby instantiate the duty to promote and support just institutions.

Actually possible and conceivable future uses of preimplantation genetic diagnosis (PGD) and germ-line genetic intervention in assisted reproduction seem to offer increasing possibilities of choosing the kind of persons that will be brought to existence. Many are troubled by the idea of these technologies being used for enhancement purposes. How can we make sense of this worry? Why are our thoughts about therapeutic genetic interventions and non-genetic enhancement (for instance education) not accompanied by the same intuitive uneasiness? I argue that (...) the concepts of autonomy and freedom of choice, typically invoked to delimit the morally acceptable uses of reproductive technologies, cannot fully answer these questions. Instead, I suggest that an alternative answer might begin with reflections on the notion of interfering with nature. Drawing on Martin Heidegger’s critique of modern technology and Hans Jonas’s moral philosophy, I outline an argument that attempts to capture what might be particularly troubling about the idea of “designing” future persons. At the core of the argument is the suggestion that enhancing selections and modifications on embryos might be bound up with an instrumentalising, non-responsive perspective on the future persons into which they are intended to grow. (shrink)

In a just society, who should be liable for the significant costs associated with creating and raising children? Patrick Tomlin has recently argued that children themselves may be liable on the grounds that they benefit from being raised into independent adults. This view, which Tomlin calls ‘Kids Pay’, depends on the more general principle that a beneficiary can incur an obligation to share in the cost of an essential benefit that the benefactor is responsible for her requiring. I argue in (...) this paper that this principle is both generally false and particularly suspect in the kinds of cases that Tomlin needs it to be true, namely, cases in which a benefactor has created the need to be benefitted to satisfy a self-regarding interest in providing the benefit. In a nutshell, I argue that because parents electively put their children into a needy circumstance for the purpose of satisfying a self-regarding interest in meeting their children’s needs, they lack a legitimate claim against their children to share in its associated costs. (shrink)

Despite the multiplicity of constructions of childhood in various disciplines, the prevalent view is that children are incompetent in the sense of lacking reason, maturity, or independence. In this paper, I first examine how this dominant view is constructed in the fields of philosophy and psychology, highlighting the perspectives of Plato, Aristotle, John Locke, John Stuart Mill, and Jean Piaget. Then, following Jacques Derrida who conceives justice as a source of meaning for deconstruction, I deconstruct several of the dominant constructions (...) and argue that they do not do children justice. To return justice to childhood, I suggest that childhood should be regarded as a self-contained state with distinctive features that are worthy of consideration in their own right rather than as an incomplete state of incompetence relative to adulthood that is considered a complete state of humans, while adulthood should be regarded as a never-ending process of becoming mature that includes rather than excludes childhood. Moreover, I suggest that both the absolute denial of adult rights to children and the naturalization of childhood in developmental psychology as a biologically determined and culturally universal stage of irrationality should be challenged. (shrink)

Cage-Fighting, also known as Mixed Martial Arts, is a combat sport that allows participants to grapple, punch, kick, elbow and knee—a combination of elements from many martial arts. While it...

In 2008 the Human Fertilisation and Embryology Act amendments made deliberately choosing to bring disability into the world, using assisted reproduction, a criminal offence. This paper considers whether the legal prohibition above, should influence other policy areas concerning the welfare of future children such as new possibilities presented by foetal surgery and in utero gene therapy. If we have legal duties to avoid disability in one context should this influence our avoidance of disability in this other context? This paper investigates (...) whether the State might have a stake in wider promotion of practices to reduce the degree of disability in foetuses that will come to exist. Not selecting for disability does not affect the welfare of any future individual, whereas treating in utero abnormalities can optimize the eventual child’s welfare; antenatal interventions stand to improve clinical outcomes and welfare should that specific child be born. I explore why the State may want to intervene in the antenatal setting and to what extent, if at all; the State should implement these technologies. I argue that if the State is justified in intervening to outlaw the choosing to create disabled lives using assisted reproductive techniques, it is also justified in putting pressure on prospective parents to accept therapies in utero to help their child be born less disabled. However, I qualify this with the argument that the State is not justified in using force or the criminal law in this situation during pregnancy. (shrink)

We should not have children because (i) we have no child-regarding reasons to do so, (ii) we have child-regarding reasons not to do so, and (iii) although we have other-regarding reasons to do so, these reasons are not decisive. Objections to (i) include that life is always good and that possible individuals would choose life if given the opportunity. These fail if there is no duty to create even a good life (the argument from asymmetry), all lives are bad (the (...) argument from quality of life), and potential parents are not entitled to produce lives without the permission of the offspring (the argument from assumed consent). The failure of the objections is not, however, self-evidently inevitable if a hedonistic axiology is used. It becomes inevitable with a switch to an autonomy-respecting, need-based theory of value. There is no need to become existent (i), and there is a need to avoid frustration, pain, and suffering once an individual has been brought into existence (ii). Since any life can be or turn out to be very bad, potential parents put their children in harm’s way by creating them (the argument from risk). To see this and to see how the preferences of the potential parents do not change the situation (iii), it is necessary to assume a concept of gambling that allows genuinely serious harm in case the player loses. (shrink)

It may even be held that [the intellect] is the true self of each, inasmuch as it is the dominant and better part; and therefore it would be a strange thing if a man should choose to live not his own life but the life of some other than himself. Moreover . . . that which is best and most pleasant for each creature is that which is proper to the nature of each; accordingly the life of the intellect is (...) the best and the pleasantest life for man, inasmuch as the intellect more than anything else is man. (shrink)

The traditional liberal view on conflicts between care for wellbeing and respect for choice and desire is that we should look to degrees of competence and voluntariness to determine which moral imperative should take priority. This view has likely influenced the common view that children’s choices should be considered only to the extent that this promotes their future autonomy and helps us determine their best interests. I reject both the general traditional liberal view and its application to children. Competence and (...) voluntariness, as well as maturity, are at best proxies for what really matters, which is wellbeing, choice and desire. We typically have reason to respect children’s choices, irrespective of any further positive consequences. If we should more often make children do what they do not want to do, this is mainly because, though we should care about respecting their choices, we should care even more about their wellbeing and future autonomy. (shrink)

Many drugs have therapeutic off-label uses for which they were not originally designed. Some drugs designed to treat neuropsychiatric and other disorders may enhance certain normal cognitive and affective functions. Because the long-term effects of cognitive and affective enhancement are not known and may be harmful, a precautionary principle limiting its use seems warranted. As an expression of autonomy, though, competent individuals should be permitted to take cognition- and mood-enhancing agents. But they need to be aware of the risks in (...) chronic use of these agents and to take responsibility for their effects. A reasonable middle ground between these positions is to warn those who choose to enhance that doing so entails risks. (shrink)

Bioethicists invoke a duty to rescue in a wide range of cases. Indeed, arguably, there exists an entire medical paradigm whereby vast numbers of medical encounters are treated as rescue cases. The intuitive power of the rescue paradigm is considerable, but much of this power stems from the problematic way that rescue cases are conceptualized—namely, as random, unanticipated, unavoidable, interpersonal events for which context is irrelevant and beneficence is the paramount value. In this article, I critique the basic assumptions of (...) the rescue paradigm, reframe the ethical landscape in which rescue obligations are understood, and defend the necessity and value of a wider social and institutional view. Along the way, I move back and forth between ethical theory and a concrete case where the duty to rescue has been problematically applied: the purported duty to regularly return incidental findings and individual research results in genomic and genetic research. (shrink)

Standard liberal theories of justice rest on the assumption that only those beings that hold the capacity for moral personality have moral status and therefore are right-holders. As many pointed out, this has the disturbing implication of excluding a wide range of entities from the scope of justice. Call this the under-inclusiveness objection. This paper provides a response to the under-inclusiveness objection and illustrates its implications for liberal theories of justice. In particular, the paper defends two claims: first, it argues (...) that both the CMP and the potential capacity for moral personality are bases of moral status. This pluralist account of the basis of moral status can broaden the scope of justice and provide a solid philosophical justification for the common-sense intuition that almost all human beings have a moral status that is different and superior to that of nonhuman animals. Second, contra what is commonly suggested, it contends that potential and actual moral persons have different and unequal rights, other things being equal. (shrink)

Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (shrink)

Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...) excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. In this essay, I defend statism against this line of criticism and provide a liberal justification for the inclusion of children born within the state’s borders. My account leads to some surprising implication for citizenship law, as well as immigration arrangements in the area of asylum and unauthorized immigration. (shrink)

I argue that we cannot adequately characterize the aims of education in terms of some formal conception of what it is to think well. Implementing any such aim requires reliance on and communication of further, substantive normative commitments. This reveals that a standard contrast between an old-fashioned approach to education that aims to communicate a particular normative outlook, and a progressive approach that aims to develop skills of critical reasoning and reflection is confused and misleading.

A growing number of political and legal theorists deny that there is a widespread duty to obey the law. This has lent a sense of urgency to recent disagreements about whether a state’s legitimacy depends upon its ‘subjects” having a duty to obey the law. On one side of the disagreement, John Simmons, Robert Paul Wolff, David Copp, Hannah Pitkin, Leslie Green, George Klosko, and Joseph Raz hold that a state could only be legitimate if the vast majority of its (...) subjects have a duty to obey the law. On the other side, M.B.E. Smith, Jeffrey Reiman, Kent Greenawalt. (shrink)

John Stuart Mill’s famous “harm principle” has been popular in the limitation of freedoms within human rights jurisprudence. It has been used formally in court cases and also informally in legal argumentation and conversation. Shortly, it is described as a very simple principle that amounts to the notion that persons are at liberty to do what they want as long as their actions do not harm any other person or society in general. This article questions whether it is legitimate to (...) use the harm principle in cases concerning the limitation of religious freedom within education. For example, can the exemption of a learner from sex education be denied based on the argument that such an exemption will cause harm? In order to answer this question, the meaning, origin and use of the harm principle are investigated. This article also discusses four main criticisms against the use of this principle in general and in cases of religious freedom of learners in education. (shrink)

In the USA, one child in 285 children is diagnosed with cancer every year, but thanks to improvements in medicine, the survival rate has reached 80%. However, cancer treatments, such as chemotherapy and radiation, are likely to affect their fertility later in life, limiting their ability to conceive. To reduce this risk, ovarian tissue cryopreservation is a surgical procedure that allows the ovarian tissue to be retrieved and cryopreserved in order to be reimplanted back into the abdomen and restore ovarian (...) function in children who become infertile due to gonadotoxic treatments. A case study published in 2014 offered recommendations to help assess whether such a procedure should be offered to female patients who have not yet entered puberty. This paper will investigate whether, in light of more recent and updated literature, their recommendations may need to be revised. (shrink)