In this paper, I argue that the doctrine of double effect is disposed toward abuse. I try to identify two distinct sources of abuse of double effect: the conditions associated with standard formulations of double effect and the difficulty of fully understanding one’s own intentions in action. Both of these sources of abuse are exacerbated in complex circumstances, where double effect is most often employed. I raise this concern about abuse not as a criticism of double effect but rather as (...) a problem that defenders should observe and try to prevent. I go on to suggest certain methods for avoiding the abuse of double effect such as hesitating to use it, applying it only with other agents, and selectively and carefully propagating it. (shrink)

Procedural justice, or the ability of people affected by decisions to participate in making them, is widely recognized as an important aspect of environmental justice. Procedural justice, moreover, requires that affected people have a substantial understanding of the hazards that a particular decision would impose. While EJ scholars and activists point out a number of obstacles to ensuring substantial understanding—including industry’s nondisclosure of relevant information and technocratic problem framings—this article shows how key insights from Science and Technology Studies about the (...) nature of knowledge pose even more fundamental challenges for procedural justice. In particular, the knowledge necessary to inform participation in decision making is likely not to exist at the time of decision making, undermining the potential for people to give their informed consent to being exposed to an environmental hazard. In addition, much of the local knowledge important to understanding the consequences of hazards will develop only after decisions have been made, and technoscientific knowledge of environmental effects will inevitably change over the period during which people will be affected by a hazard. The changing landscape of knowledge calls into question the idea that consent or participation during one decision-making process can by itself constitute procedural justice. An STS-informed understanding of the nature of knowledge, this article argues, implies that procedural justice should include proactive knowledge production to fill in knowledge gaps, and ongoing opportunities for communities to consent to the presence of hazards as local knowledge emerges and scientific knowledge changes. (shrink)

Environmental justice refers to many things: a global activist movement, local groups that struggle to redress the inequitable distribution of environmental goods (and bads), especially as they affect minority communities, as well as a vast body of interdisciplinary scholarship documenting and motivating these movements. In the past three decades, scholarly debates over what environmental justice requires have been dominated by a discourse of rights.