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The Non-Identity Problem and the Ethics of Future People
New York, NY: Oxford University Press (2014)
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Some suggest that gene editing human embryos to prevent genetic disorders will be in one respect morally preferable to using genetic selection for the same purpose: gene editing will benefit particular future persons, while genetic selection would merely replace them. We first construct the most plausible defence of this suggestion—the benefit argument—and defend it against a possible objection. We then advance another objection: the benefit argument succeeds only when restricted to cases in which the gene-edited child would have been brought (...) into existence even if gene editing had not been employed. Our argument relies on a standard account of comparative benefit which has recently been criticised on the grounds that it succumbs to the so-called ‘pre-emption problem’. We end by considering how our argument would be affected were the standard account revised in an attempt to evade this problem. We consider three revised accounts and argue that, on all three, our critique of the benefit argument stands. (shrink) | |
In this paper, we present and defend an analysis of harm that we call the Negative Influence on Well-Being Account (NIWA). We argue that NIWA has a number of significant advantages compared to its two main rivals, the Counterfactual Comparative Account (CCA) and the Causal Account (CA), and that it also helps explain why those views go wrong. In addition, we defend NIWA against a class of likely objections, and consider its implications for several questions about harm and its role (...) in normative theorizing. (shrink) | |
The Counterfactual Comparative Account of Harm says that an event is overall harmful for someone if and only if it makes her worse off than she otherwise would have been. I defend this account from two common objections. | |
Many philosophers are attracted to a complaints-based theory of the procreation asymmetry, according to which creating a person with a bad life is wrong (all else equal) because that person can complain about your act, whereas declining to create a person who would have a good life is not wrong (all else equal) because that person never exists and so cannot complain about your act. In this paper, I present two problems for such theories: the problem of impairable-life acceptance and (...) an especially acute version of the problem of improvable-life avoidance. I explain how these problems afflict two recent complaints-based theories of the procreation asymmetry, from Joe Horton and Abelard Podgorski. (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) | |
I consider the plausibility of discounting for kinship, the view that a positive rate of pure intergenerational time preference is justifiable in terms of agent-relative moral reasons relating to partiality between generations. I respond to Parfit's objections to discounting for kinship, but then highlight a number of apparent limitations of this approach. I show that these limitations largely fall away when we reflect on social discounting in the context of decisions that concern the global community as a whole, such as (...) those related to global climate change. (shrink) | |
A popular view of harming is the causal account (CA), on which harming is causing harm. CA has several attractive features. In particular, it appears well equipped to deal with the most important problems for its main competitor, the counterfactual comparative account (CCA). However, we argue that, despite its advantages, CA is ultimately an unacceptable theory of harming. Indeed, while CA avoids several counterexamples to CCA, it is vulnerable to close variants of some of the problems that beset CCA. | |
Procreative obligations are often discussed by evaluating only the consequences of reproductive actions or omissions; less attention is paid to the moral role of intentions and attitudes. In this paper, I assess whether intentions and attitudes can contribute to defining our moral obligations with regard to assisted reproductive technologies already available, such as preimplantation genetic diagnosis (PGD), and those that may be available in future, such as reproductive genome editing and ectogenesis, in a way compatible with person‐affecting constraints. I propose (...) the parent–child relationship argument, which is based on the moral distinction between creating and parenting a child. Hence, I first argue that intentions and attitudes can play a role in defining our moral obligations in reproductive decisions involving PGD. Second, I maintain that if we accept this and recognize reproductive genome editing and ectogenesis as person‐affecting procedures, we should be committed to arguing that prospective parents may have moral reasons to prefer reproduction via such techniques than via sexual intercourse. In both cases, I observe an extension of our procreative responsibility beyond what is proposed by the consequentialist person‐affecting morality. (shrink) | |
This paper develops a form of moral actualism that can explain the procreative asymmetry. Along the way, it defends and explains the attractive asymmetry: the claim that although an impermissible option can be self-conditionally permissible, a permissible option cannot be self-conditionally impermissible. | |
Person-affecting views state that (in cases where all else is equal) we’re permitted but not required to create people who would enjoy good lives. In this paper, I present an argument against every possible variety of person-affecting view. The argument is a dilemma over trilemmas. Narrow person-affecting views imply a trilemma in a case that I call ‘Expanded Non-Identity.’ Wide person-affecting views imply a trilemma in a case that I call ‘Two-Shot Non-Identity.’ One plausible practical upshot of my argument is (...) as follows: we individuals and our governments should be doing more to reduce the risk of human extinction this century. (shrink) | |
According to the standard version of the counterfactual comparative account of harm, an event is overall harmful for an individual if and only if she would have been on balance better off if it had not occurred. This view faces the “preemption problem.” In the recent literature, there are various ingenious attempts to deal with this problem, some of which involve slight additions to, or modifications of, the counterfactual comparative account. We argue, however, that none of these attempts work, and (...) that the preemption problem continues to haunt the counterfactual comparative account. (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) | |
Philosophy Compass, Volume 17, Issue 2, February 2022. | |
ABSTRACT Suppose that, for every possible event and person who would exist whether or not the event were to occur, there is a well-being level that the person would occupy if the event were to occur, and a well-being level that the person would occupy if the event were not to occur. Do facts about such connections between events and well-being levels always suffice to determine whether an event would harm or benefit a person? Many seemingly attractive accounts of harm (...) and benefit entail an affirmative answer to this question, including the widely held Counterfactual Comparative Account (CCA). In this paper, however, we argue that all such accounts will be unsuccessful. (shrink) | |
Scanlonian contractualism has difficulties to account for our moral obligations to future generations due to the nonidentity problem. A prominent solution is to refer to the more general standpoints or types of future persons in moral deliberation. This paper critically examines the “types-of-persons approach” and identifies two alternative versions that have been conflated so far. The types-of-persons approach could claim that the relevant reasons for objection are either (a) the reasons of types of persons, or (b) type-based reasons of token (...) persons. I explore these two options in more detail and argue that both are, in their own ways, incompatible with central features of Scanlonian contractualism. Consequently, the types-of-persons approach fails to offer a satisfactory solution to the nonidentity problem for Scanlonian contractualists. (shrink) | |
According to asymmetric comparativism, it is worse for a person to exist with a miserable life than not to exist, but it is not better for a person to exist with a happy life than not to exist. My aim in this paper is to explain how asymmetric comparativism could possibly be true. My account of asymmetric comparativism begins with a different asymmetry, regarding the (dis)value of early death. I offer an account of this early death asymmetry, appealing to the (...) idea of conditional goods, and generalize it to explain how asymmetric comparativism could possibly be true. I also address the objection that asymmetric comparativism has unacceptably antinatalist implications. (shrink) | |
In this paper, I consider the problem of omission for the counterfactual comparative account of harm. A given event harms a person, on this account, when it makes her worse off than she would have been if it had not occurred. The problem arises because cases in which one person merely fails to benefit another intuitively seem harmless. The account, however, seems to imply that when one person fails to benefit another, the first thereby harms the second, since the second (...) person would have been better off if the first had benefited her. I argue that the cases of failing to benefit at issue are in fact cases of harming. They are cases of preventive harm. I also argue that we can explain away the intuition that no harm occurs in these cases, and that the relevant implication of the counterfactual comparative account is consistent with a variety of plausible views about the moral significance of harm. (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) | |
Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will (...) live in the further future. (shrink) | |
According to relational egalitarianism, justice requires equal relations. The theory applies to those who stand in the relevant social relations. In this paper, I distinguish four different accounts of what it means to be socially related and argue that in all of them, self-relations—how a person relates to themselves—fall within the scope of relational egalitarianism. I also point to how this constrains what a person is allowed to do to themselves. | |
Christopher Cowie argues that moral error theory is uniquely placed to avoid embracing any of the troubling and counter-intuitive horns of moral paradoxes. Contra Cowie, I argue that moral non-cognitivists can also avoid embracing any such troubling and counter-intuitive horns. Rather than supporting moral error theory, I argue that moral paradoxes more precisely support moral nihilism—a first-order view that is consistent with moral error theory and with moral non-cognitivism. Moreover, I argue that reconstructing the argument from moral paradoxes as an (...) argument for moral nihilism enhances its philosophical significance in two ways. First, the argument from moral paradoxes is the first unified argument in support of moral nihilism. Second, given that the logical space of moral nihilism is greater than the logical space of moral error theory, the threat that the argument from moral paradoxes poses to moral philosophy is more serious than Cowie acknowledges. (shrink) | |
The problem of justified harm is the problem of explaining why it is permissible to inflict harm for the sake of future benefits in some cases but not in others. In this paper I first motivate the problem by comparing a case in which a lifeguard breaks a swimmer’s arm in order to save her life to a case in which Nazis imprison a man who later grows wiser as a result of the experience. I consider other philosophers’ attempts to (...) explain why the lifeguard’s action was permissible but the Nazis’ action was not. After arguing that principles having to do with consent, expected utility, and the types of harms and benefits at issue do not fully solve the problem, I argue for a causal solution to the problem. The causal solution includes both a causal account of harming and a distinction between causes and mere conditions. It then distinguishes between the lifeguard and Nazi cases with following principle: A harmful action that causes greater benefits can sometimes be justified by those benefits, but a harmful action that does not cause greater benefits cannot be justified by any subsequent benefits that the action, itself, does not cause. (shrink) | |
In a recent article in this journal, I claimed that the widely held counterfactual comparative account of harm violates two very plausible principles about harm and prudential reasons. Justin Klocksiem argues, in a reply, that CCA is in fact compatible with these principles. In this rejoinder, I shall try to show that Klocksiem’s defense of CCA fails. | |
The counterfactual comparative account of harm and benefit (CCA) has faced a barrage of objections from cases involving preemption, overdetermination, and choice. In this paper I provide a unified diagnosis of CCA’s vulnerability to these objections: CCA is susceptible to them because it evaluates each act by the same criterion. This is a mistake because, in a sense I make precise, situations raise prudential questions, and only some acts—the relevant alternatives—are directly relevant to these questions. To answer the objections, we (...) must revise CCA so that its evaluations foreground the relevant alternatives. The result is a question-centered account of harm and benefit. (shrink) | |
According to the Asymmetry, creating a miserable person is wrong but failing to create a happy person is permissible, other things being equal. Some attempt to underwrite the Asymmetry by appealing to a choice-dependent moral theory according to which the deontic status of an act depends on whether it is chosen by the agent. We show that all choice-dependent moral theories in the literature are vulnerable to what we call the Parent Trap. These theories imply that the presence of impermissible (...) options can generate a moral requirement to create happy people, even at the cost of the procreator’s well-being. We consider two new choice-dependent theories that avoid this result, but show that they generate implausible moral permissions to create miserable people. Either way, choice-dependent theories fail to do justice to the intuitions that motivate the Asymmetry. (shrink) | |
Genetic engineering has been a topic of discussion for over 50 years, but it is only recently that gene editing has become a reality. CRISPR biotechnologies have made gene editing much safer, precise and feasible. We have witnessed the first cases of human germline genetic modification resulting in live births, conducted by He Jiankui. In this paper, we will analyse He Jiankui’s case in relation to one of the most difficult problems in procreative ethics (or the ethics of future generations): (...) the non‐identity problem. We believe that this analysis will help us to understand the ethics involved in gene editing and hopefully allow for a better, more philosophically grounded legislation on CRISPR and other gene‐editing technologies. (shrink) | |
While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter introduces (...) several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink) | |
According to various “harm-based” approaches to the non-identity problem, an action that brings a particular child into existence can also harm that child, even if his or her life is worth living. In the third chapter of The Non-Identity Problem and the Ethics of Future People, David Boonin surveys a variety of harm-based approaches and argues that none of them are successful. In this paper I argue that his objections to these various approaches do not impugn a harm-based approach that (...) Boonin does not consider, an approach I call the “existence solution to the non-identity problem.” I also argue that the existence solution is more plausible than Boonin’s own proposed solution. (shrink) | |
This paper examines whether there are moral differences between the mitochondrial replacement techniques that have been recently developed in order to help women afflicted by mitochondrial DNA diseases to have genetically related children absent such conditions: maternal spindle transfer and pronuclear transfer. Firstly, it examines whether there is a moral difference between MST and PNT in terms of the divide between somatic interventions and germline interventions. Secondly, it considers whether PNT and MST are morally distinct under a therapy/creation optic. Finally, (...) it investigates whether there is a moral difference between MST and PNT from a human embryo destruction point of view. I conclude, contra recent arguments, that regarding the first two points there is no moral differences between PNT and MST; and that regarding the third one MST is morally preferable to PNT, but only if we hold a gradualist account of the moral value of human embryos where zygotes have slight moral value. (shrink) | |
Is it wrong to create a blind child, for example by in vitro fertilization, if you could create a sighted child instead? Intuitively many people believe it is wrong, but this belief is difficult to justify. When there is a possibility to create and select either ‘blind’ or ‘sighted’ embryos choosing a set of ‘blind’ embryos seems to harm no-one since choosing ‘sighted’ embryos would create a different child altogether. So when the parents choose ‘blind’ embryos, they give some specific (...) individual a life that is the only option for her. Because her life is worth living (as blind peoples’ lives are), the parents have not wronged the child by creating her. This is the reasoning behind the famous non-identity problem. I suggest that the non-identity problem is based on a misunderstanding. I claim that when choosing a ‘blind’ embryo, prospective parents harm ‘their child’, whoever she or he will be. Put another way: parents harm their child in the de dicto sense and that is morally wrong. (shrink) | |
Can appealing to children’s rights help to solve the non-identity problem in cases of procreation? A number of philosophers have answered affirmatively, arguing that even if children cannot be harmed by being born into disadvantaged conditions, they may nevertheless be wronged if those conditions fail to meet a minimal standard of decency to which all children are putatively entitled. This paper defends the tenability of this view by outlining and responding to five prominent objections that have been raised against it (...) in the contemporary literature: the identifiability objection; the non-existence objection; the waiving of rights objection, the lack of legitimate complaint objection; and the unfairness objection. (shrink) No categories | |
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) | |
In a common example of the non-identity problem, a person deliberately conceives a child who she knows will have incurable blindness but a life well worth living. Although Wilma’s decision seems wrong, it is difficult to say why. This paper develops and defends a version of the “indirect strategy” for solving the NIP. This strategy rests on the idea that it is wrong to deliberately make it impossible to fulfill an obligation; consequently, it is wrong for Wilma to create Pebbles (...) because doing so makes it impossible to fulfill her obligation to protect her child from harms like blindness. A challenge for the indirect strategy is the well-known “rights waiver problem”: Since Pebbles’s very existence depends on Wilma’s having made herself unable to fulfill an obligation to Pebbles, Pebbles is likely to waive that obligation. I address this problem by recasting the indirect strategy in terms of a non-grievance evil. I argue that deliberately making it impossible to fulfill a moral obligation manifests a defective attitude toward morality—an attitude which sees moral obligations as things to be dodged whenever they are inconvenient. Next, I argue that acting on this attitude is a wrong-making feature that is independent of any wrong that might be done to Pebbles. I conclude that Wilma’s decision remains wrong even if Pebbles waives any objection to it. (shrink) No categories | |
The idea that people’s numerical identity may sometimes be discontinuous over time initially appears to provide useful material for defending restrictions on putatively self-harming behaviour in a non-paternalistic manner. According to this line of thinking, sometimes a putatively self-harming act is, in fact, a matter of ‘harm to others’. Yet, in this paper I argue that if we, as we ought to do, take into consideration the non-identity problem, this challenges the notion that the agent at T1 is in fact (...) imposing harm on anyone, even when we accept that he or she is numerically different from the agent at T2. If the life of the agent at T2 is still worth living, the agent is not worse off than he or she would have been in spite of the consequences pertaining to the putatively self-harming act since he or she would otherwise never have come into existence. In this way, the argument I put forward in this paper calls in question the ability of the shifting identity argument to actually justify imposing restrictions on self-harming behaviour. (shrink) | |
This chapter surveys libertarian thought on the question of “historic injustice,” which is when serious injustice goes unresolved for many years. After some historical discussion of early libertarian writing on the subject, I turn to the contemporary debate surrounding reparations for slavery. After outlining three arguments common among libertarians for reparations, common reasons for skepticism are also discussed. Then, special focus is given to the topic of land theft. In particular, I hone in on what I call the “Poisoning Problem,” (...) or the idea that natural rights approaches to property fail because so much of actually-existing property is founded in conquest. In the conclusion, I highlight two areas where libertarian writing on historic injustice is relatively quiet compared with broader writing on these topics: reparations of a less material sort and transitional injustice. Throughout this chapter, I typically refer to American slavery and land theft, but the discussion is meant to apply much further than those two cases. (shrink) | |
I present and explore a new version of the Person-Affecting View, according to which reasons to do an act depend wholly on what would be said for or against this act from the points of view of particular individuals. According to my view, (i) there is a morally requiring reason not to bring about lives insofar as they contain suffering (negative welfare), (ii) there is no morally requiring reason to bring about lives insofar as they contain happiness (positive welfare), but (...) (iii) there is a permitting reason to bring about lives insofar as they contain happiness. I show how my view solves the non-identity problem, while retaining the procreation asymmetry and avoiding implausible forms of antinatalism. We can be morally required to ensure that the quality of life of future people is higher rather than lower when this involves bringing about (worth living) lives that would contain less suffering rather than bringing about different (worth living) lives that would contain more suffering. (shrink) No categories | |
This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. Some philosophers think that this principle should be rejected, because of severe difficulties with finding an account of harm to plug into it. I examine the criticism and find it unforceful. Finally, I identify a faulty assumption behind this type of criticism, namely that the Harm Principle is plausible only if there is a full-blown, and problem-free, account of harm, which proponents of the principle can (...) refer to. (shrink) | |
The nonidentity problem is a deep puzzle challenging the moral intuition that what is bad must be bad for someone. The first part of the paper constructs a new theory of harming, whereas the second part builds on the conclusions of the first to offer a new solution to the NIP. The first part discusses the neglected question of when a burden inflicted in the context of overall benefitting can be discretized as a separate entity—only when it can, is it (...) possible to identify the burden as harm, and only then is it possible to harm in bringing into overall good existence. The second part explains how, in those cases where creating is indeed harming, we can use the logic of concept expansion to construct a concept of wronging that applies to creation cases. (shrink) | |
A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink) | |
According to the psychological account of personal identity, our identity is based on the continuity of psychological connections, and so we do not begin to exist until these are possible, some months after conception. This entails the psychological account faces a challenge from the non-identity problem—our intuition that someone cannot be harmed by actions that are responsible for their existence, even if these actions seem clearly to cause them harm. It is usually discussed with regard to preconception harms, but in (...) the context of the psychological account, it is also applicable to prenatal harms. Inflicting prenatal injury is widely thought to be morally impermissible, but if the injury is identity-determining on the psychological account, then no-one seems to be harmed—rather, the injury is responsible for bringing them into existence. Here, I argue that identity-determining injuries can routinely occur on the psychological account, and that this undermines the account. I assess Nicola Williams’ proposal to salvage the account based on a trans-world account of personal identity, and show that it is unsuccessful. I then show that Jeff McMahan’s embodied mind account of personal identity is also susceptible. I conclude that identity-determining prenatal injuries pose a significant challenge for the psychological account and its variants, and provide a reason for supporting alternative accounts that fix personal identity at conception. (shrink) | |
Das Gendiagnostikgesetz verbietet seit 2010 die pränatale Diagnostik spätmanifestierender Erkrankungen GenDG). In seiner Begründung bezog sich der Gesetzgeber in Analogie zu internationalen Empfehlungen für den pädiatrischen Bereich vor allem auf das Recht des heranwachsenden Kindes bzw. des späteren Erwachsenen auf Nichtwissen. Mit diesem gesetzlichen Verbot hat Deutschland einen viel diskutierten Sonderweg in der Regulierung genetischer Pränataldiagnostik eingeschlagen. Seither jedoch hat sich nicht nur die Perspektive auf prädiktive Testungen im Kindesalter verändert. In zunehmendem Maße generieren auf das gesamte Genom abzielende Diagnostikangebote (...) auch andere vorgeburtlich genetische Informationen, die – in ähnlicher Weise wie diejenigen zu spätmanifestierenden Erkrankungen eine potenzielle Gefahr für das Recht auf Nichtwissen der späteren Person darstellen. Es soll daher im Rahmen dieses Beitrages überprüft werden, inwiefern das deutsche Diagnostikverbot und dessen Bezug auf das Recht auf Nichtwissen des späteren Kindes eine tragfähige Basis zur Regulierung gendiagnostischer Untersuchungen in der Pränatalmedizin insgesamt darstellt bzw. zukünftig darstellen kann.Untersucht wird der Argumentationsgang des Diagnostikverbotes im Hinblick auf spätmanifestierende Erkrankungen vor dem Hintergrund der Entwicklungen in der prädiktiven Diagnostik. Eine Analyse des normativen Begründungsrahmens zeigt, dass nach wie vor deutlicher Klärungsbedarf hinsichtlich der philosophisch-ethischen Fundierung wie auch hinsichtlich der Interpretation eines Rechts auf Nichtwissen eines Kindes im Kontext von genetischer Diagnostik besteht. Darüber hinaus müssen auch Interessen des Kindes an eventuell möglich werdender pränataler Behandlung oder Prävention von Erkrankungen in die Abwägung miteinbezogen werden.Um zukünftigen Herausforderungen genomischer Pränataldiagnostik und -therapie begegnen zu können, müsste dringend geklärt werden, inwiefern Rechte zukünftiger Personen tatsächlich in der speziellen Situation der Schwangerschaft relevant sein können und mit welchen Pflichten diese für den Gesetzgeber, aber insbesondere auch für zukünftige Eltern und Ärzte einhergehen. Der Menschenrechtsdiskurs könnte hierfür eine tragfähige Basis und hilfreiche Strategien liefern. (shrink) No categories | |
Many European countries uphold a ‘high risk of a serious condition’ requirement for limiting the scope of preimplantation genetic diagnosis (PGD). This ‘front door’ rule should be loosened to account for forms of PGD with a divergent proportionality. This applies to both ‘added PGD’ (aPGD), as an add‐on to in vitro fertilization (IVF), and ‘combination PGD’ (cPGD), for a secondary disorder in addition to the one for which the applicants have an accepted PGD indication. Thus loosening up at the front (...) has implications at the back of PGD treatment, where a further PGD rule says that ‘affected embryos’ (in the sense of embryos with the targeted mutation or abnormality) should not be transferred to the womb. This ‘back door’ rule should be loosened to allow for transferring ‘last chance’ affected embryos in aPGD and cPGD cases, provided this does not entail a high risk that the child will have a seriously diminished quality of life. (shrink) | |
One popular defence of moral omnivorism appeals to facts about the indirectness of the diner’s causal relationship to the suffering of farmed animals. Another appeals to the claim that farmed animals would not exist but for our farming practices. The import of these claims, I argue, has been misunderstood, and the standard arguments grounded in them fail. In this paper, I develop a better argument in defence of eating meat which combines resources from both of these strategies, together with principles (...) of population ethics, and discuss its implications for which sorts of meat it is permissible to eat. According to the diner’s defence, there is an asymmetry between producers and consumers of meat. Producers can prevent the suffering of animals without preventing their existence, but consumers cannot. This asymmetry grounds a defence against harm-based objections to eating meat which is available to the consumer alone, and which avoids the controversial commitments about moral status or the interests of nonhuman animals endemic to existing attempts to justify omnivorism. (shrink) | |
This article justifies and restates the non-identity problem in relation to climate change. First and briefly, I argue that while there is often good reason to set the NIP aside in practical politics, there can be areas where a climate NIP will have practical implications. An instructive example concerns climate change litigation. Second, I argue that there are three particular circumstances of a climate NIP that may set it apart from the more established NIP in bioethics. These differences regard interaction, (...) numbers, and agency respectively. Third, I discuss the premises and conclusion of a climate NIP, modifying an account in bioethics by David Boonin. (shrink) No categories | |
Der moralische Kontraktualismus scheint als Konzeption einer nicht-konsequentialistischen intergenerationellen Ethik sehr vielversprechend. Eine zentrale theoretische Herausforderung stellt jedoch das Nichtidentitätsproblem dar. Spezifisch ist zu klären, ob zukünftige Personen einen Einwand gegen die Prinzipien unseres Handelns haben, wenn unser Handeln negative Folgen für die Lebensqualität zukünftiger Personen hat, die Existenz der konkreten Personen aber von diesem Handeln abhängt und ihr Leben für sie insgesamt lebenswert ist. Eine prominente Antwort besteht darin, die Einwände zukünftiger Personen “nicht-komparativ” zu verstehen. Ihr Einwand bestehe also (...) nicht darin, dass sie durch unser Handeln schlechter gestellt werden, als sie es andernfalls wären, sondern darin, dass sie dadurch in relevanter Form schlecht dastehen. Es ist bislang unklar, wie genau eine solche Position im Rahmen des moralischen Kontraktualismus aussehen könnte, ob sie eine Lösung des Nichtidentitätsproblems darstellt und ob ihre substanziellen Implikationen überzeugen. Dieser Beitrag prüft daher kritisch die Möglichkeiten und Grenzen eines nicht-komparativen kontraktualistischen Ansatzes. Es wird dafür argumentiert, dass nicht-komparative Einwände mit Bezug auf das Wohlergehen der zukünftigen Personen nicht plausibel sind, solange ihr Leben nicht überwiegend schlecht für sie ist. Der hier diskutierte Ansatz kann für den moralischen Kontraktualismus also höchstens eine Teilantwort auf das Nichtidentitätsproblem darstellen. (shrink) | |
No categories | |
A number of philosophers have resisted impersonal explanations of our obligation to mitigate climate change, and have developed accounts according to which these obligations are explained by human rights or harm-based considerations. In this paper I argue that several of these attempts to explain our mitigation obligations without appealing to impersonal factors fail, since they either cannot account for a plausibly robust obligation to mitigate, or have implausible implications in other cases. I conclude that despite the appeal of the motivations (...) for rejecting the appeal to impersonal factors, such factors must play a prominent role in explaining our mitigation obligations. (shrink) | |
I argue for the principle of Anonymity, according to which two populations are equally good whenever they have the same anonymous distribution of wellbeing. I first show that, given transitivity of the at-least-as-good-as relation, Anonymity is entailed by the ``Non-Identity Principle'', according to which the consequence of bringing better rather than worse lives into existence is, all else equal, better. I then argue for the Non-Identity Principle on the basis that if it were false, it would follow that we fail (...) to improve the world when we make existing people better off, while at the same time replacing worse-off future people with different better-off future people. Since this is implausible, we should accept the Non-Identity Principle, and therefore Anonymity as well. (shrink) No categories |
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