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

Many of us agree that we ought not to wrong future people, but there remains disagreement about which of our actions can wrong them. Can we wrong individuals whose lives are worth living by taking actions that result in their very existence? The problem of justifying an answer to this question has come to be known as the non-identity problem.[1] While the literature contains an array of strategies for solving the problem,[2] in this paper I will take what I call (...) the harm-based approach, and I will defend an account of harming—which I call the existence account of harming—that can vindicate this approach. -/- Roughly put, the harm-based approach holds that, by acting in ways that result in the existence of individuals whose lives are worth living, we can harm and thereby wrong those individuals. An initially plausible way to try to justify this approach is to endorse the non-comparative account of harming, which holds that an event harms an individual just in case it causes her to be in a bad state, such that the state’s badness does not derive from a comparison between that state and some alternative state that the individual would or could have been in. However, many philosophers argue that the non-comparative account of harming is inadequate,[3] and one might be tempted to infer from this that any harm-based approach to the non-identity problem will fail. My proposal, which I call the existence account of harming, will show that this inference is faulty: we can vindicate the harm-based approach without relying on the non-comparative account of harming. (shrink)

Has the time come to put to bed the concept of a harm threshold when discussing the ethics of reproductive decision making and the legal limits that should be placed upon it? In this commentary, we defend the claim that there exist good moral reasons, despite the conclusions of the non-identity problem, based on the interests of those we might create, to refrain from bringing to birth individuals whose lives are often described in the philosophical literature as ‘less than (...) worth living’. (shrink)

ABSTRACT When does a state of affairs constitute a harm to someone? Comparative accounts say that being worse off constitutes harm. The temporal version of the comparative account is seldom taken seriously, due to apparently fatal counterexamples. I defend the temporal version against these counterexamples, and show that it is in fact more plausible than the prominent counterfactual version of the account. Non-comparative accounts say that being badly off constitutes harm. However, neither the temporal (...) comparative account nor the non-comparative account can correctly classify all harms. I argue that we should combine them into a hybrid account of harm. The hybrid account is extensionally adequate and presents a unified view on the nature of harm. (shrink)

In the literature about harm, the counterfactual comparative account has emerged as a main contender. According to it, an event constitutes a harm for someone iff the person is worse off than they would otherwise have been as a result. But the counterfactual comparative account faces significant challenges, one of the most serious of which stems from examples involving non-harmful omitted actions or non-occurring events, which it tends to misclassify as harms: for example, Robin is worse (...) off when Batman does not give him a new set of golf clubs, but Batman has not harmed him. In this article, I will clearly state the counterfactual comparative account; state and explain this objection to the account; canvass several unsatisfactory responses; and attempt to show how the account can overcome the objection. This solution involves distinguishing between principles concerning the existence of harm and principles concerning attributions of responsibility for harm. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses (...) the wrongness of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost always deaths. (...) However, the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behavior in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

Female genital cutting (FGC) is generally understood as a gendered harm, abusive cultural practice and human rights violation. By contrast, male genital cutting (MGC) is held to be minimally invasive, an expression of religious identity and a legitimate parental choice. Yet scholars increasingly problematize this dichotomy, arguing that male and female genital cutting can occasion comparable levels of harm. In 2015 this academic critique received judicial endorsement, with Sir James Munby's acknowledgement that all genital cutting can cause ‘significant (...) harm’. This article investigates the harm occasioned by MGC. It is informed by a Freedom of Information (FoI) study which provides some empirical evidence of the nature and frequency of physical harm caused by MGC in U.K. hospitals. While acknowledging the challenges and limitations of FoI research, we outline important lessons that this preliminary study contains for medical ethics, law and policy. It provides some empirical evidence to support claims regarding the risks which accompany the procedure and the obligation of health professionals to disclose them, and reveals the paucity of measures in place to ensure that harms are recorded, disclosed and monitored. (shrink)

Although the counterfactual comparative account of harm, according to which someone is harmed when things go worse for her than they otherwise would have, is intuitively plausible, it has recently come under attack. There are five serious objections in the literature: some philosophers argue that the counterfactual account makes it hard to see how we could harm someone in the course of benefitting that person; others argue that Parfit’s non-identity problem is particularly problematic; another objection claims that (...) the account forces us to see many harms where there is just one; a fourth objection is based on the claim that the counterfactual account makes mysterious the distinction between harms and mere failures-to-benefit; and a final problem arises from cases of pre-emption, in which the nearest possible world in which the harmful event does not occur is a world in which some other harmful event occurs. This paper argues that, properly understood, harm essentially involves a counterfactual comparison, and that these comparisons are sensitive to context in the manner typical of counterfactual conditionals, and that, augmented with two plausible distinctions, this account has the resources to provide satisfying responses to each of the objections that have been raised against it. (shrink)

It is frequently claimed that breeding animals that we know will have unavoidable health problems is at least prima facie wrong, because it harms the animals concerned. However, if we take ‘harm’ to mean ‘makes worse off’, this claim appears false. Breeding an animal that will have unavoidable health problems does not make any particular individual animal worse off, since an animal bred without such problems would be a different individual animal. Yet, the intuition that there is something ethically (...) wrong about breeding animals—such as purebred pedigree dogs—in ways that seem negatively to affect welfare remains powerful. In this paper, an animal version of what is sometimes called the non-identity problem is explored, along with a number of possible ways of understanding what might be wrong with such breeding practices, if it is not that they harm the animal itself. These possibilities include harms to others, placeholder arguments, non-comparative ideas of harm, an ‘impersonal’ approach, and concerns about human attitudes and dispositions. (shrink)

BackgroundDo sexual minority persons who have undergone unsuccessful sexual orientation change efforts suffer subsequent psychological or social harm from the attempt? Previous studies have conflated present and past, even pre-SOCE, harm in addressing this question. This study attempts, for the first time, to isolate and examine the question of current psychosocial harm for former SOCE participants among sexual minorities in representative population data.MethodUsing nationally representative data across three cohorts of sexual minorities in the United States, persons exposed (...) to SOCE were compared with the remainder not exposed to SOCE on two measures of internal distress—psychological distress and current mental health—and seven measures of behavioral harm: substance abuse ; alcohol dependence ; self-harm; suicide ideation; suicide planning; suicide intentions; and suicide attempts.ResultsThe SOCE group was statistically indistinguishable from the non-SOCE group on any measure of harm. For behavioral harm, risk ratios were 0.97–1.02. Harm was equivalent for the two groups despite the SOCE group having experienced higher lifetime and current minority stress, greater childhood adversity, and lower socioeconomic status. Logistic regression models that adjusted for these differences suggest that SOCE exposure reduced the effect of minority stress and childhood adversity for suicide attempts, although this effect did not fully account for the equivalence between the SOCE and non-SOCE groups.ConclusionDespite higher exposure to factors predicting behavioral harm—minority stress, childhood adversity, and lower socioeconomic background—sexual minority persons who had undergone failed SOCE therapy did not suffer higher psychological or social harm. Concerns to restrict or ban SOCE due to elevated harm are unfounded. Further study is needed to clarify the reasons for the absence of harm from SOCE. (shrink)

According to Jerome Wakefield’s harmful dysfunction analysis of medical disorder, the inability of some internal part or mechanism to perform its natural function is necessary, but not sufficient, for disorder. HDA also requires that the part dysfunction be harmful to the individual. I consider several problems for HDA’s harm criterion in this article. Other accounts on which harm is necessary for disorder will suffer from all or almost all of these problems. Comparative accounts of harm imply (...) that one is harmed when one is made worse off, that is, worse off than one otherwise would have been. Non-comparative accounts imply that one is harmed when one is put into some kind of condition or state that is, in some way, bad in itself. I argue that whether harm is construed comparatively or non-comparatively, HDA’s harm criterion is problematic. I tentatively conclude that an analysis of medical disorder should not make use of the concept of harm. (shrink)

There is a long-standing debate in philosophy about whether it is morally permissible to harm one person in order to prevent a greater harm to others and, if not, what is the moral principle underlying the prohibition. Hypothetical moral dilemmas are used in order to probe moral intuitions. Philosophers use them to achieve a reflective equilibrium between intuitions and principles, psychologists to investigate moral decision-making processes. In the dilemmas, the harms that are traded off are almost always deaths. (...) However, the moral principles and psychological processes are supposed to be broader than this, encompassing harms other than death. Further, if the standard pattern of intuitions is preserved in the domain of economic harm, then that would open up the possibility of studying behaviour in trolley problems using the tools of experimental economics. We report the results of two studies designed to test whether the standard patterns of intuitions are preserved when the domain and severity of harm are varied. Our findings show that the difference in moral intuitions between bystander and footbridge scenarios is replicated across different domains and levels of physical and non-physical harm, including economic harms. (shrink)

Jerome Wakefield has argued that a disorder is a harmful dysfunction. This paper develops how Wakefield should construe harmful in his harmful dysfunction analysis. Recently, Neil Feit has argued that classic puzzles involved in analyzing harm render Wakefield’s HDA better off without harm as a necessary condition. Whether or not one conceives of harm as comparative or non-comparative, the concern is that the HDA forces people to classify as mere dysfunction what they know to be (...) a disorder. For instance, one can conceive of cases where simultaneous disorders prevent each other from being, in any traditional sense, actually harmful; in such cases, according to the HDA, neither would be a disorder. I argue that the sense of harm that Wakefield should employ in the HDA is dispositional, similar to the sense of harm used when describing a vile of poison: “Be careful! That’s poison. It’s harmful.” I call this harm in the damage sense. Using this sense of harm enables the HDA to avoid Feit’s arguments, and thus it should be preferred to other senses when analyzing harmful dysfunction. (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)

Sufferers of body integrity identity disorder (BIID) experience a severe, non-delusional mismatch between their physical body and their internalised bodily image. For some, healthy limb amputation is the only alleviation for their significant suffering. Those who achieved an amputation, either self-inflicted or via surgery, often describe the procedure as resulting in relief. However, in England, surgeons who provide ‘elective amputations’ could face prosecution for causing grievous bodily harm (GBH) under section 18 of the Offences Against the Persons Act 1861. (...) Whether such a therapeutic intervention should be classified as GBH depends on the presence of harm, as, without harm, it is hard to argue that GBH has occurred. However, there is no agreed-upon definition of what constitutes harm. Such a definitional absence then begs the question, what is harm? It is this question which this article addresses, using the provision of healthy limb amputation in cases of BIID as an example. Drawing on metaphysics, this article will seek to clarify three separate contemporary models of harm: the counter-temporal, the counterfactual, and the non-comparative. Each model will be applied to the scenario of a surgeon carrying out a BIID-induced, therapeutic, healthy limb amputation, and in each, how harm may, or may not, be understood to have been caused will be explored. It concludes that an unexamined conception of harm is ill-equipped for employment in suspected cases of GBH when it is unclear whether harm has been caused and that a better-informed understanding of harm is required in cases where there is potential disagreement, be that in instances of BIID or a myriad of other borderline scenarios. (shrink)

In clinical ethics, there remains a great deal of uncertainty regarding the appropriateness of attempting cardiopulmonary resuscitation (CPR) for certain patients. Although the issue continues to receive ample attention and various frameworks have been proposed for navigating such cases, most discussions draw heavily on the notion of harm as a central consideration. In the following, I use emerging philosophical literature on the notion of harm to argue that the ambiguities and disagreement about harm create important and oft-overlooked (...) challenges for the ethics of CPR. I begin by elucidating the standard account of harm, called the Counterfactual Comparative Account (CCA). I then show that three challenges to the CCA—preemptive harms, the harm of death, and non-experiential harms—are particularly salient when assessing potential harms for candidates of CPR and likely impact-related decision-making and communication. I extend this argument to explore how the ambiguities of harm might extend to other realms of clinical decision-making, such as the use and limitations of life-sustaining treatments. To address these challenges, I propose two strategies for identifying and minimizing the impact of such uncertainty: first, clinicians and ethicists ought to promote pluralistic conversations that account for different understandings of harm; second, they ought to invoke harm-independent considerations when discussing the ethics of CPR in order to reflect the nuances of such conversations. These strategies, coupled with a richer philosophical understanding of harm, promise to help clinicians and ethicists navigate the prevalent and difficult cases involving patient resuscitation and many other harm-based decisions in the clinical setting. (shrink)

Charlotte Unruh has recently put forward a hybrid account of what it is to suffer harm – one that combines comparative and non‐comparative elements. We raise two problems for Unruh's account. The first concerns killing and death; the second concerns the causing of temporarily low or high welfare.

Two alternative accounts have emerged as viable competitors to the forerunning counterfactual comparative account in the recent debate concerning the nature of harm. These are the “non-comparative statebased account of harm ” defended by Elizabeth Harman, the “event-based account of harm ” defended by Matthew Hanser. I raise one simple but serious counterexample involving “non-regrettable disabilities” that applies to both of these alternative accounts but that is avoided by the counterfactual comparative account. I point (...) out that my counterexample is one instance of a broader problem for alternatives to the counterfactual comparative account. The problem is that each of them divorces the concept of harm from the intuitive idea that we have moral and prudential reasons to avoid it. (shrink)

The non-identity problem arises when our actions in the present could change which people will exist in the future, for better or worse. Is it morally better to improve the lives of specific future people, as compared to changing which people exist for the better? Affecting the timing of fetuses being conceived is one case where present actions change the identity of future people. This is relevant to questions of public health policy, as exemplified in some responses to the Zika (...) epidemic. There is philosophical disagreement about the relevance of non-identity: some hold that non-identity is not relevant, while others think that the only morally relevant actions are those that affect specific people. Given this disagreement, we investigated the intuitions about the moral relevance of non-identity within an educated sample of the public, because there was previously little empirical data on the public’s views on the non-identity problem. We performed an online survey with a sample of the educated general public. The survey assessed participants’ preferences between person-affecting and impersonal interventions for Zika, and their views on other non-identity thought experiments, once the non-identity problem had been explained. It aimed to directly measure the importance of non-identity in participants’ moral decision-making. We collected 763 valid responses from the survey. Half of the participants (50%) had a graduate degree, 47% had studied philosophy at a university level, and 20% had read about the non-identity problem before. Most participants favoured person-affecting interventions for Zika over impersonal ones, but the majority claimed that non-identity did not influence their decision (66% of those preferring person-affecting interventions, 95% of those preferring impersonal ones). In one non-identity thought experiment participants were divided, but in another they primarily answered that impersonally reducing the quality of life of future people would be wrong, harmful and blameworthy, even though no specific individuals would be worse off. Non-identity appeared to play a minor role in participants’ moral decision-making. Moreover, participants seem to either misunderstand the non-identity problem, or hold non-counterfactual views of harm that do not define harm as making someone worse off than they would have been otherwise. (shrink)

The comparative utility argument holds that the descendants of African slaves in America are not owed any compensation because they have not been harmed by slavery. Rather, slavery in America was beneficial to the descendants of slaves because they are now able to live in a country that is considerably richer today than any of the African countries from which slaves were taken. In this paper, I show that the comparative utility argument is a red herring with no (...) bearing whatsoever on the question of slave reparations because it conflates two separate wrongs: slavery and forced immigration. The fact that the descendants of slaves now live in America is a consequence of the latter, but not the former. As such, it has no bearing on the legitimacy reparations for slavery. (shrink)

Abstract. Environmental ethicists ask several questions about global climate change; especially on the moral justification of the problem of non-compliance; i.e., why agents do not comply with their climatic responsibilities. It is evident that some developed countries have been perpetuating the climate change crisis by not following their climatic responsibilities (i.e., mitigation, adaptation, and compensation) or even more surprisingly a few of those states have been denying the climate change facts. This paper focuses on comparing two forward-looking approaches to climate (...) justice; namely, the Ability to Pay Principle (APP) and the Power/Responsibility Principle (PRP) and seeks an answer whether any of these principles enable a response to the problem of non-compliance. Scrutinizing a few analogical examples and analysing contemporary debates on this issue, this paper then shows the APP does not enable a response to the problem of non-compliance whereas one possible distribution of duties according to the PRP does so and concludes that the relevant agents’ willingness to comply with climatic responsibilities seems to be the key factor to avoid harm in the context of climate change crisis. (shrink)

According to Norman Daniels, the moral significance of health needs stem from their impact on the normal opportunity range: pathological conditions involve comparative disadvantage. In this paper I defend an alternative reading of the moral importance of healthcare, which focuses on non-comparative aspects of disease. In the first section I distinguish two contrasting perspectives on pathological conditions, viz a comparative versus a non-comparative. By using this distinction I introduce a related disparity regarding the moral importance of (...) personal responsibility for disease. I claim that people are usually prepared to disregard individual responsibility for disease, if it involves non-comparative harm, but not if it entails mere disadvantage. Since disadvantage means to have less than equal opportunities, Daniels’ conception of opportunity is vital for his theory. It is therefore scrutinised more closely. I try to show that he wavers between two interpretations of the notion of opportunity, which are again linked to the distinction between a comparative and a non-comparative point of view. Finally, I criticise Daniels’ supposition that persons have an interest in the normal opportunity range. (shrink)

ABSTRACT This article examines Buddhist teachings relevant to the regulation of war and compares them with international humanitarian law (IHL) and the just war tradition by which it has been informed. It argues that Buddhist ethics broadly align with IHL rules to minimise harm inflicted during war, and that Buddhism’s psychological resources can help support IHL to improve compliance with common humanitarian norms. Indeed, Buddhist mindfulness techniques can support even non-Buddhist combatants by enhancing their psychological resilience and capacity to (...) fight with skill and restraint. While IHL is a legal regime that legitimises violence under certain conditions, and lays down clear universally ratified rules, Buddhism is primarily an ethical and psychological system that addresses the motivations and inner roots of behaviour and can be understood and interpreted in different ways. In this respect, Buddhism overlaps with the field of military ethics, and can contribute much to enhance military training. However, while the centrality of non-harming (ahiṃsā) to Buddhism dictates that extraordinary efforts should be made to prevent war or otherwise minimise the harm inflicted – thereby checking interpretations of IHL that are overly permissive – Buddhism’s consequent reluctance to legitimise and thereby institutionalise war, and the ambiguity of its teachings in this regard, have generally precluded it from developing clear just war guidelines for belligerents to follow, and Buddhist resources to improve the conduct of hostilities have remained largely untapped. Mainstream traditions of Buddhist ethics must also be distinguished from more esoteric and localised beliefs and practices, and from the lived Buddhisms with which most lay Buddhists are more familiar, which do not necessarily embody the same degree of restraint. Belligerents might therefore have different conceptions or expectations of Buddhism depending on their culture and particular circumstances, or be unclear about what it says on the conduct of war. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister's formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. © Springer Science + Business Media B.V. 2009. (shrink)

This book analyzes major ethical issues surrounding the use of climate engineering, particularly solar radiation management techniques, which have the potential to reduce some risks of anthropogenic climate change but also carry their own risks of harm and injustice. The book argues that we should approach the ethics of climate engineering via "non-ideal theory," which investigates what justice requires given the fact that many parties have failed to comply with their duty to mitigate greenhouse gas emissions. Specifically, it argues (...) that climate justice should be approached comparatively, evaluating the relative justice or injustice of feasible policies under conditions that are likely to hold within relevant timeframes. Likely near-future conditions include "pessimistic scenarios," in which no available option avoids serious ethical problems. The book contends that certain uses of SRM can be ethically defensible in some pessimistic scenarios. This is the first book devoted to the many ethical issues surrounding climate engineering. (shrink)

This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...) Prime Minister’s formal apology in early 2008. This highly symbolic step must not lose momentum. That momentum could be both political and legal. In the latter context, we explore here the concept of alien tort, in the light of current Australian tort jurisprudence, which has thus far proved inadequate to achieve compensation for the harms suffered. Taking a comparative approach, procedural and substantive developments are to better deliver justice consistent with community values. In particular, the greater acceptance of psychological harm as actionable tortious conduct in Canada and the United States is examined. The article further examines the scope for stolen children to bring suit under the US Alien Tort Claims Act 1789. While the Australian government enjoys sovereign immunity in the courts of the United States, non-state organisations such as churches that were complicit in the forcible removals may be subject to United States jurisdiction wherever they have a presence in that country. The procedural and substantive elements of such a claim are discussed. In particular, the relevant cause of action, the issue of forum non conveniens and the statute of limitations will be analysed to map out whether a claim could be developed and successfully prosecuted. (shrink)

Accounts of autonomy which acknowledge the importance of non-domination – that is, of being structurally protected against arbitrary interference with one's life – face an apparent problem with regards to intimate relationships. By their very nature, such relations open us up to psychological and material suffering that would not be possible absent the particular relationship; even worse, from the non-domination point of view, is that this vulnerability seems to be structural in a way exactly analogous to workplace or social domination. (...) If being powerless to prevent an employer causing me harm constitutes domination at work, then what relevant differences can support the intuition that being powerless to prevent my partner causing me comparable pain is not autonomy-hostile? I argue for the reassuring view that the obligations and possibility of pain arising from such relations aren't necessarily dominating; they would be so only if we believed that any obligation we have not explicitly agreed to is a restriction on our autonomy, and that is false. I conclude with a note of caution: even though intimate relations aren't necessarily dominating, they will often be contingently so if they take place in a wider social context of domination – such as that which we currently inhabit. (shrink)

BackgroundResearch has demonstrated that exposure to suicide can lead to increased vulnerability for self-harm or suicide. As a result, ideation-to-action models of suicide recognise exposure as a significant risk factor which may be implicated in the translation of thoughts into actions. However, few studies have tested this theoretical link explicitly within an adolescent population, and examined how it compares to other types of bereavements.MethodsA 6-month prospective questionnaire study was conducted with 185 Scottish adolescents aged 11–17. The questionnaire included measures (...) on experiences with bereavement and lifetime engagement in self-harm, as well as measures of defeat, entrapment, social support, coping, and other psychological variables.ResultsAt baseline, 11% of young people reported exposure to a suicide death, and 62% to a non-suicide death. In addition, 21% of pupils reported ever engaging in self-harm, while 24% had experienced self-harm ideation without engaging in it. Cross-sectional multivariate logistic regressions showed that maladaptive coping, family social support, glorifying/normalising beliefs about suicide, and family self-harm were significantly associated with self-harm group membership. At follow-up, 9% of pupils reported exposure to a suicide death and 11% to a non-suicide death for the first time. A total of 29% of the sample reported self-harm at T2, and 23% reported self-harm ideation without engaging in it. Multivariate analyses found that stigmatising beliefs about suicide, glorifying/normalising beliefs about suicide, and self-harm ideation at baseline were the only variables to predict self-harm group membership prospectively. Bereavement experiences, whether by suicide or non-suicide, did not predict self-harm group status at baseline nor at follow-up.ConclusionsThis study provides support for the validity of a theoretical model of suicide, even though predictive ability over the 6-months period was limited. Although difficulties with recruitment may have limited the statistical power, this study provides insight into the prevalence and experiences of suicide bereavement among adolescents and the factors related to the onset and maintenance of self-harm. (shrink)

This article reviews an epochal change in international thinking about physical punishment of children from being a reasonable method of chastisement to one that is harmful to children and troubling to families. In addition, the article suggests shifts in thinking about physical punishment were originally pioneered as part and parcel of the dismantling of national laws granting fathers’ specific rights to admonish children under conventions of patria potestas. A comparative historical framework of analysis involving two case studies of Ireland (...) and Ghana illustrates non-unilinear pathways of international convergence towards the prohibition of physical punishment. The comparative historical analysis highlights the 1930s and 1940s as an era when Ireland began to reject patria potestas and religious or judicial rulings which allowed for children to be given ‘a good beating’ in family and school settings. However, from the same period, Ghana is seen to experience Christian remonstrations not to ‘spare the rod’ leading to the ‘conventional’ tradition of ‘this is how we do it here’. Two case studies serve to illustrate that banning physical punishment was less controversial in Ireland where allied traditions of patria potestas and disciplinarian Christian beliefs had lost their moral hegemony than in Ghana where such beliefs still held influence. The article concludes overall that normative campaigns against physical punishment of children emanate from a coherent paradigm of family policy where childcare, education, and well-being of children are embedded as everyday societal responsibilities rather than privatised or patriarchal familial obligations. The coherent model offers an alternative moral hegemony to neo-liberal and Janus-faced conceptualisations of good or ‘intact’ families versus ‘broken’ or ‘troubled’ families. (shrink)

An abundance of data unequivocally shows that exercise can be an effective tool in the fight against obesity and its associated co-morbidities. Indeed, physical activity can be more effective than widely-used pharmaceutical interventions. Whilst metformin reduces the incidence of diabetes by 31% (as compared with a placebo) in both men and women across different racial and ethnic groups, lifestyle intervention (including exercise) reduces the incidence by 58%. In this context, it is notable that a group of prominent medics and exercise (...) scientists recently sent a well-publicised letter to the General Medical Council and Medical Schools Council calling for the introduction of evidence-based lifestyle education into all medical curricula. The letter warns that there is a lack of understanding of the impact that exercise and nutrition can have on physical health amongst doctors. In the absence of an educational overhaul, the signatories warn that the government is likely to fail to reach its goal of preventing tens of thousands of premature deaths from heart disease and cancer by 2020. Whilst we agree with the need to address this apparent lack of understanding, we argue that the ethical justification of doing so is not limited to this broadly beneficence-based justification. There is also a justification grounded in the duty of non-maleficence, that is, the duty to avoid unreasonably harming patients. This duty requires that doctors refrain from (i) preventing patients from undergoing beneficial treatment without good reason, (ii) exposing patients to unreasonable risks and (iii) reducing the therapeutic effect of an effective medical intervention. This requires an understanding of the physical impact of exercise. (shrink)

I offer some reasons for the theory that, compared with human beings, non-human animals have some but lesser intrinsic value. On the basis of this theory, I first argue that we do not know how to compare an animal's claim to be free from a more serious type of harm, and a human's claim to be free from some lesser type of harm. For we need to take account of these parties' intrinsic value, and their competing types of (...) claim. Yet, there exists no known way for making such comparison, when a human's intrinsic value is higher than that of an animal, whereas the type of claim an animal has is morally weightier than the type of claim a human has. Second, I explain why utilitarianism is unhelpful in making such comparison. Third, in the case where some animals can be sacrificed for saving a larger number of humans, it is crucial to ask whether animals have the right to life, and I argue that this question is more perplexing than we might think. My conclusion is that the various difficulties mentioned above have a deeper source than we have so far acknowledged, and that this reflects that the moral reality is less tidy and more complex than many theories portray. (shrink)

The current study is a pilot trial to examine the effects of a nonelective, classroom-based, teacher-implemented, mindfulness meditation intervention on standard clinical measures of mental health and affect in middle school children. A total of 101 healthy sixth-grade students (55 boys, 46 girls) were randomized to either an Asian history course with daily mindfulness meditation practice (intervention group) or an African history course with a matched experiential activity (active control group). Self-reported measures included the Youth Self Report (YSR), a modified (...) Spielberger State-Trait Anxiety Inventory, and the Cognitive and Affective Mindfulness Measure –Revised. Both groups decreased significantly on clinical syndrome subscales and affect but did not differ in the extent of their improvements. Meditators were significantly less likely to develop suicidal ideation or thoughts of self-harm than controls. These results suggest that mindfulness training may yield both unique and non-specific benefits that are shared by other novel activities. (shrink)

This paper argues that the value of openness to epistemic plurality and the value of social responsiveness are essential for epistemic agents such as scientists who are expected to carry out non-epistemic missions. My chief philosophical claim is that the two values should play a joint role in their communication about earthquake-related damages when their knowledge claims are advisory. That said, I try to defend a minimal normative account of science in the context of communication. I show that these epistemic (...) agents when acting as communicators may encounter various epistemic and practical uncertainties in making their knowledge claims. Using four vignettes, I show that the value of openness to epistemic plurality and the value of social responsiveness may best serve their epistemic and practical purposes across different contexts by reducing their epistemic and practical risks associated with the knowledge claims they communicated. The former may reduce the risks of prematurely excluding epistemic alternatives and is conducive to two types of epistemic plurality; the latter is supposed to reduce the risks of making self-defeating advisory claims and harmful wishful speaking by minimizing the values in tension that can be embedded in the social roles the epistemic agents play. (shrink)

This paper examines the absolutist grounds for denying an agent's responsibility for what he allows to happen in 'keeping his hands clean' in acute circumstances. In defending an agent's non-prevention of what is, viewed impersonally, the greater harm in such cases, absolutists typically insist on a difference in responsibility between what an agent brings about as opposed to what he allows. This alleged difference is taken to be central to the absolutist justification of non-intervention in acute cases: the agent's (...) obligation not to do harm is held to be more stringent than his obligation to prevent (comparable) harm, since as agents we are principally responsible for what we ourselves do. The paper's central point is that this representation of the absolutist response to acute cases- as grounded in a difference in responsibility for what we do as opposed to what we allow- involves a misleading theoretical inversion. I argue that the absolutist justification of non-intervention in acute cases must depend on a direct defence of the nature and the stringency of the moral norm with which the agent's non-intervention complies. The nature and stringency of this norm are basic to attribution of agent responsibility in acute cases, and not the other way around. (shrink)

Given that a person's death is bad for her,whenis it bad? I defendsubsequentism, the view that things that are bad in the relevant way are bad after they occur. Some have objected to this view on the grounds that it requires us to compare the amount of well-being the victim would have enjoyed, had she not died, with the amount she receives while dead; however, we cannot assign any level of well-being, not even zero, to a dead person. In the (...) population ethics literature, many philosophers have argued along similar lines that bringing someone into existence can neither harm nor benefit her. Working within the comparative framework (on which harms make us worse off), I respond by proposing a good sense in which we can say that dead people, and actual people at alternatives in which they do not exist, have a well-being level of zero. (shrink)

Corroborating evidence supports a proposition that is already supported by other initial evidence. It bolsters or confirms the original body of evidence. Corroboration has striking psychological and epistemic force: It potently affects how people do and should assess the target proposition. This essay investigates the distinctive powers of corroborating evidence. Corroboration does not simply increase the quantifiable probability of the adjudicated claim. Drawing on the relevant alternatives framework, I argue that corroboration winnows remaining uneliminated error possibilities. This illuminates the independence, (...) weight, and non-fungibility of corroborating evidence. I compare corroborating evidence to prudential safeguards, like fire doors, that forfend against non-epistemic harms. I thereby sketch a general, non-quantificational model of risk management. Finally, I turn to legal corroboration requirements and the epistemic significance of corroboration for legal proof. (shrink)

The criminal law has at least two goals: to provide a degree of protection to a variety of individual and collective interests, and to communicate to those to whom it applies that those interests are protected. The question I consider is whether the criminal law should be used to advance the second goal independently of its use in advancing the first. Drawing on what I refer to as non-comparative egalitarianism, I argue that it should not. After developing a general (...) argument for this claim, I turn to considering its implications for the criminalization of hate speech, focusing specifically on a line of argument found both in the Supreme Court of Canada’s s.2 jurisprudence as well as Jeremy Waldron’s recent book,The Harm in Hate Speech. I also briefly consider a structurally similar, but broader argument – recently defended by Alon Harel – which suggests that there is a constitutional duty to criminalize conduct that would, if engaged in, interfere with a person’s dominion over how her life goes, regardless of whether criminalization would or would not drive down the actual incidence of the targeted conduct. I claim that egalitarians should not recognize any such duty. (shrink)

It is more or less uncontroversial that when we harm someone through wrongful conduct we incur an obligation to compensate her. But sometimes compensation is impossible: when the victim is killed, for example. Other times, only partial compensation is possible. In this article, I take some initial steps towards exploring this largely ignored issue. I argue that the perpetrator of a wrongful harm incurs a duty to promote the impartial good in proportion to the amount of harm (...) that cannot be made up for by compensating her victim. (shrink)

James Warren, Facing Death, Epicurus and his Critics. Oxford: Clarendon Press, 2004. Pp. viii, 240. ISBN 0-19-925289-0. $45.00. Reviewed by Thornton Lockwood, Sacred Heart University Word count: 2152 words ------------------------------- To modern ears, the word Epicurean indicates an interest in fine dining. But at least throughout the early modern period up until the 19th century, Epicureanism was known less for its relation to food preparation and more so, if not scandalously so, for its doctrine about the annihilation of the human (...) soul at death, its denial of human immortality, and its attempt to justify the claim that death should not be feared since "Death is nothing to us". Epicureans -- like many ancient schools of thought -- sought to establish an objective "morality of happiness" or rational teaching about right conduct which allowed its practitioners to arrive at a kind of well-being. Epicureans identified such well-being or happiness with "freedom from disturbance" taraci/a ), and insofar as the fear of death undermined such contentedness in life, they presented arguments against the claim that death was a bad thing. Put more concisely, Epicureans believe that, "if we think about death correctly, we think about living a good life correctly, and vice versa". But whereas other ancient thinkers -- most famously Socrates and his students -- had sought to cure the fear of death by positing an immortal soul which philosophy was to prepare for life after the death of one's body, Epicureans took the opposite route and argued that in part it was the longing for an impossible immortality that contributed to the fearfulness of death. JW has done both classicists and philosophers the service of presenting a detailed analysis of the philosophical arguments which Epicureanism -- as found principally in the sayings and correspondence of Epicurus, Lucretius' De Rerum Natura, and Philodemus' De Morte -- presented about facing death. As the book's title accurately reflects, the presentation of the arguments is organized in large part as a response to the criticisms which both ancient and modern thinkers such as Cicero, Thomas Nagel and Bernard Williams have made against the Epicurean belief about death. JW is principally concerned with the accurate presentation and fair evaluation of philosophical arguments. Much of his analysis will appeal to philosophers interested in the problem of death or the cogency of ancient ethical thought, but, as he also notes, questions about death and how to live a good life are hardly the problem only of philosophical specialists. "If any questions are worth pursuing, these are". Insofar as JW's task requires careful scrutiny of ancient texts, he also sheds light on the proper understanding of difficult Epicurean texts, especially in those cases where different passages from different Epicurean authors appear to be in tension.[[1]] For the aid of philosophers coming to Epicurus without the skills of classicists, JW translates all Greek and Latin texts into English; at the same time, all translations are accompanied by the passage in its original language. The citations and corresponding bibliography are extensive, covering not only the relevant works of contemporary philosophers such as Nagel, Williams, Feldman, and Parfit, but also the philological works of classicists writing on Epicureanism in English, French, Italian, and German. The volume concludes with a helpful index locorum. The Epicurean belief that "death is nothing to us" is meant to correct the mistaken beliefs which people have that generate a fear of death. But as JW acutely notes, precisely what is fearful about death is ambiguous. On his analysis, it could include at least four analytically distinct fears: 1) the fear of being dead ; 2) the fear that one will die ; 3) the fear of premature death ; and 4) the fear of the process of dying. JW claims that "there is no single Epicurean 'argument against death'. Rather, they had an armoury of arguments which could be deployed against the various different kinds of fear of death". Thus, JW organizes his book into chapters which consider the "armoury"of arguments made against each of these four fears. After an initial introductory chapter which analytically distinguishes the different fears of death, JW next devotes chapters to: the argument that, since humans are without perception of death and the process of death, neither should be feared ; the "symmetry argument" which seeks to prove that apprehension about the coming end of life is as irrational as apprehension that one's life did not begin earlier ; and the Epicurean analysis of what constitutes "completeness" in life. In these first four chapters, JW lays out all the arguments which the Epicurean makes against each of the four fears, considers counterarguments which have been made by ancient and modern authors, and then evaluates the overall strengths and weaknesses of each argument. A fifth chapter considers a slightly different argument, namely one which alleges that either the historical fact that Epicurus wrote a will or the Epicurean attitude towards suicide generate inconsistencies between Epicurean theories and actual Epicurean practice. Finally, a sixth chapter summarizes and evaluates as a whole the Epicurean project to rid humans of their fear of death. Although all of JW's analyses are thorough and detailed, let me focus upon his evaluation of some of the more central -- and more difficult to justify -- claims which Epicureans make to give a sense of JW's argumentation. With respect to the fear of being dead or not existing, Epicureans claim that since the atoms which make up a person dissipate upon death, then there is no person who could perceive any postmortem harm, and thus there is nothing to fear about death itself. Philosophers like Thomas Nagel have raised against this argument examples which appear to justify the belief that postmortem non-perceived harms are something in fact that should be feared.[[2]] For instance, there seems to be something fearful about the death of an individual who does not get the chance to see his or her children grow up, but such a scenario seems to be an example of something which "harms" that individual even though the individual is dead and incapable of feeling or perceiving anything. The case is related to the problem of dying before one's life is "complete," but a merit of JW's analyses of the different fears of death is that it shows that the Epicurean has two distinct arguments against the claim that such a scenario is fearful, one of which concerns the question of fearing something which happens after one's death, the other which concerns the question of fearing that one's life ends before it is complete. With respect to the first question, JW suggests that the source behind our intuition that premature death could be an unperceived harm is a "comparative" evaluation with a non-tragic death. For instance, it is not implausible to say that a child raised in a less developed country has been "harmed" in comparison to a child growing up in a country with adequate access to schooling and health care.[[3]] Even if the child raised in the less developed country never perceives the harm, in comparison to the life she or he might have lived elsewhere such lowered access to resources seems to be a "harm". But, although the case of children being raised with different levels of access to resources may have a place within the question of global justice, the case of such "unperceived" comparative posthumous harms fails as a counter argument to the Epicurean position. In the original example, it was thought that dying before seeing one's children grow up is an unperceived harm because we know of other individuals who have had that opportunity, and comparatively the former individual seems to be "harmed." One of the main problems with such a counter argument, according to JW, is that it ends up proving too much. Since one could imagine for almost every death a comparative case which was better, the counter argument makes almost every conceivable death a "harm" to the individual who died. In JW's words, "given the thought that death may rob us of goods we would have experience were we to die later, it is difficult to resist the thought that any death will fit this description". But the force of the counter argument is supposed to seize upon the case of a "tragic death" where someone is prematurely struck down before life is complete. If all deaths are tragic, none is. If the claim that death is to be feared because of unperceived harms in the case of comparative loss is unpersuasive, what about the claim that death is to be feared instead because it sometimes strikes before one has arrived at completeness or fullness in life? Solon famously claimed that we must "look to the end" and call no man happy until his life is complete; Aristotle picks up on Solon's remarks in part because eudaemonists have traditionally placed special emphasis on "completeness" as a criterion of a life well-lived. Should not all fear death because death can strike prematurely, before one has reached the various goals and stages of a life well-lived? JW persuasively argues that Epicureans were concerned with addressing the fear of premature death but that they countered such a fear on the basis of their understanding of completeness and pleasure. A complete life is a good life, but for the Epicureans, the good is pleasure and the highest pl. (shrink)

In the article, I examine the relevance of Just War Doctrine to contemporary conflicts. Just War Doctrine, which grew out of Western Christian thinking, presupposes that evil might be confronted with force, if there is no alternative way to restore a just order. But modern trends call into question the certainty and universality of this doctrine. On the one hand, ideas of moral relativism and comparative justice have become more widespread, potentially undermining the use of the notions “just” and (...) “justified” in relation to military conflicts. On the other hand, the nature of war is changing, as warfare is no longer only kinetic in character. I offer examples of how the evolving character of warfare challenges the traditional understanding of Just War Doctrine. For example, there is the growing threat of cyber warfare, but the ethical criteria for its use are not defined. In relation to Just War Doctrine, questions of whether and when pre-emptive cyber attack is permissible arise, what should constitute legitimate targets of cyber warfare and to what degree collateral damage could be acceptable. Another challenge to the traditional understanding of Just of War Doctrine was the putative doctrine of humanitarian intervention.Prima facie,humanitarian interventions do not comply withius ad bellumcriteria of Just War Doctrine, because of the absence of a direct military threat to the intervening state. The justification of humanitarian intervention is based on the assertion of an intolerable violation of accepted values. The weakness of such approach, as discussed in the article, is that it implicitly assumes that one protagonist’s values are superior to others. A further example of emerging challenges to Just War Doctrine is the phenomenon of hybrid war, a term used to describe a type of conflict that is multi-faceted and in which kinetic warfare is not dominant. The orchestration of several strands of conflict, each designed to be below the threshold to provoke a military response, exploits the absence of legal and ethical norms regulating such activity. I conclude the article by suggesting that, firstly, for Just War Doctrine to remain relevant, it should be expanded to include harms caused by non-kinetic actions, and, secondly, the distinctions between the states of war and peace should be redefined to reflect the changing character of war more accurately. (shrink)

“The Trolley Problem” is the name Judith Jarvis Thomson has given to a difficult problem in moral philosophy and legal theory. The problem arises by considering a series of cases, all of which involve a choice of evils. Many, but not all of these cases, involve an out-of-control trolley about to run over a group of five people. In each case we are asked for our intuitive judgment as to whether it would be permissible to save the five people at (...) risk when doing so would require the death of, or the imposition of a high risk of death on, another human being. (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)

Most people believe that the rights of others sometimes require us to act in ways that have even substantially sub-optimal outcomes, as viewed from an axiological perspective that ranks outcomes objectively. Bringing about the optimal outcome, contrary to such a requirement, is an ‘optimific wronging’. It is less clear, however, that we are required to prevent optimific wrongings. Perhaps the value of the outcome, combined with the relative weakness of prohibitions on allowing harm as compared to those against doing (...) harm, justifies non-intervention. In this article, I consider arguments to that effect, focusing on a recent paper in this journal by Andreas Mogensen. I argue that while we do not, in general, do wrong by failing to prevent optimific wrongings, we are nevertheless not permitted, in key cases, to refrain from intervening on the grounds that not intervening will secure the optimal outcome. (shrink)