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Child Versus Childmaker: Future Persons and Present Duties in Ethics and the Law
Rowman & Littlefield Publishers (1998)
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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) | |
I argue that extant accounts of harm all fail to account for important desiderata, and that we should therefore jettison the concept when doing moral philosophy. | |
Most people are skeptical of the claim that the expectation that a person would have a life that would be well worth living provides a reason to cause that person to exist. In this essay I argue that to cause such a person to exist would be to confer a benefit of a noncomparative kind and that there is a moral reason to bestow benefits of this kind. But this conclusion raises many problems, among which is that it must be (...) determined how the benefits conferred on people by causing them to exist weigh against comparable benefits conferred on existing people. In particular, might the reason to cause people to exist ever outweigh the reason to save the lives of existing people? (shrink) | |
This is about the rights and wrongs of bringing people into existence. In a nutshell: sometimes what matters is not what would have happened to you, but what would have happened to the person who would have been in your position, even if that person never actually exists. | |
Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to be rejected (...) because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink) | |
In Reasons and Persons, Parfit (1984) posed a challenge: provide a satisfying normative account that solves the Non-Identity Problem, avoids the Repugnant and Absurd Conclusions, and solves the Mere-Addition Paradox. In response, some have suggested that we look toward person-affecting views of morality for a solution. But the person-affecting views that have been offered so far have been unable to satisfy Parfit's four requirements, and these views have been subject to a number of independent complaints. This paper describes a person-affecting (...) account which meets Parfit's challenge. The account satisfies Parfit's four requirements, and avoids many of the criticisms that have been raised against person-affecting views. (shrink) | |
This paper argues that non-identity actions are wrong because they _cause_ harm to people. While non-identity actions also typically benefit people, failure to act would similarly benefit someone, so considerations of benefit are ineligible to justify the harm. However, in some non-identity cases, failure to act would not benefit anyone: cases where one is choosing whether to procreate at all. These are the _hard_ non-identity cases. Not all "different-number" cases are hard. In some cases, we don't know whether acting would (...) result in more or fewer people; this paper argues that this _epistemic_ factor makes acting in these cases wrong. (shrink) | |
Is it fair to leave the next generation a public debt? Is it defensible to impose legal rules on them through constitutional constraints? From combating climate change to ensuring proper funding for future pensions, concerns about ethics between generations are everywhere. In this volume sixteen philosophers explore intergenerational justice. Part One examines the ways in which various theories of justice look at the matter. These include libertarian, Rawlsian, sufficientarian, contractarian, communitarian, Marxian and reciprocity-based approaches. In Part Two, the authors look (...) more specifically at issues relevant to each of these theories, such as motivation to act fairly towards future generations, the population dimension, the formation of preferences through education and how they impact on our intergenerational obligations, and whether it is fair to rely on constitutional devices. (shrink) | |
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) | |
Prioritarianism is a moral view that ranks outcomes according to the sum of a strictly increasing and strictly concave transformation of individual well-being. Prioritarianism is ‘welfarist’ (namel... | |
The Asymmetry consists of two claims. (A) That a possible person's life would be abjectly miserable –less than worth living – counts against bringing that person into existence. But (B) that a distinct possible person's life would be worth living or even well worth living does not count in favour of bringing that person into existence. In recent years, the view that the two halves of the Asymmetry are jointly untenable has become increasingly entrenched. If we say all persons matter (...) morally whether they exist or not and on that basis try to explain the first half of the Asymmetry, we lose the second half of the Asymmetry. If we say that some persons do not matter morally and some do and on that basis try to explain the second half of the Asymmetry, we lose the first half of the Asymmetry – or else find ourselves with a principle that is either inconsistent or otherwise deeply troubled in some way that has nothing to do with the content of the Asymmetry itself. In this article, I propose an alternative approach to the Asymmetry which I will call Variabilism. By understanding each and every person, whether existing or not, to matter morally but variably– such that the moral significance of any loss incurred by any person is considered to depend, not on who incurs that loss and whether that person matters morally, but rather on where that loss is incurred in relation to the person who incurs it – we can both nicely ground the two halves of the Asymmetry and avoid the conceptual difficulties that have plagued competing approaches. (shrink) | |
Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy. | |
Intuition says that choosing to create a miserable person is wrong, but choosing not to create a happy one is not; this is ‘the Asymmetry’. There is a complete theory which agrees – the ‘Harm Minimization’ theory. A well-known objection is that this theory rejects Parfit’s principle of ‘No Difference’. But No Difference has less intuitive support than the Asymmetry, and there seems to be no complete theory which agrees with both. There is, however, a more serious problem for Harm (...) Minimization: it says it is wrong to create happy people if we could have made some of them happier at the expense of others. The purpose of this note is to describe a complete theory which agrees with the Asymmetry and avoids this unacceptable consequence; like Harm Minimization, it rejects No Difference. (shrink) No categories | |
The counterfactual comparative account of harm and benefit has several virtues, but it also faces serious problems. I argue that CCA is incompatible with the prudential and moral relevance of harm and benefit. Some possible ways to revise or restrict CCA, in order to avoid this conclusion, are discussed and found wanting. Finally, I try to show that appealing to the context-sensitivity of counterfactuals, or to the alleged contrastive nature of harm and benefit, does not provide a solution. | |
ABSTRACT Broome and others have argued that it makes no sense, or at least that it cannot be true, to say that it is better for a given person that he or she exist than not. That argument can be understood to suggest that, likewise, it makes no sense, or at least that it cannot be true, to say that it is worse for a given person that he or she exist than that he or she never have existed at (...) all. This argument is of critical importance to the question of whether consequentialist theory should take a traditional, aggregative form or a less conventional, person‐affecting, or person‐based, form. I believe that, potentially, the argument represents a far more serious threat to the person‐based approach than does, for example, Parfit's two medical programmes example. Parfit's example nicely illustrates the distinction between aggregative and person‐based approaches and raises important questions. But the example — though not, I think, by Parfit — is sometimes pressed into service as a full‐fledged counterexample against the person‐based approach. As such, I argue, the example is not persuasive. In contrast, the Broomeian argument, if correct, is definitive. For that argument relies on certain metaphysical assumptions and various uncontroversial normative claims — and hence nicely avoids putting into play the controversial normative claims that lie at the very heart of the debate. The purpose of the present paper, then, is to evaluate the Broomeian argument. I argue that this potentially definitive challenge to a person‐based approach does not in fact succeed. (shrink) | |
Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong but nonetheless (...) legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership.. (shrink) | |
I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and duties. | |
Philosophers concerned with procreative ethics have long been puzzled by Parfit’s Non-Identity Problem (NIP). Various solutions have been proposed, but I argue that we have not solved the problem on its own narrow person-affecting terms, i.e., in terms of the identified individuals affected by procreative decisions and acts, especially future children. Thus, the core problem remains unsolved. This is a nagging concern for all who hold the common intuition that actions that harm no one are permissible. I argue against Harmon’s (...) and Woodward’s direct, narrow person-affecting solutions, and in favor of a new solution to the NIP. My solution, or, rather, dissolution, is based on the argument that merely possible people, i.e., hypothetical people who could possibly, but will not actually, exist, are morally irrelevant. I show that the NIP only arises when we concern ourselves with merely possible people. Once we are careful to restrict our concerns to only those that do or will exist, the NIP is dissolved. (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 | |
No categories | |
Much work in contemporary bioethics defends a broadly liberal view of human reproduction. I shall take this view to comprise (but not to be exhausted by) the following four claims.1 First, it is permissible both to reproduce and not to reproduce, either by traditional means or by means of assisted reproductive techniques such as IVF and genetic screening. Second, it is permissible either to reproduce or to adopt or otherwise foster an existing child to which one is not biologically related. (...) Third, it is permissible either to bring into existence a child with the greatest chance of a life of maximum human flourishing or to bring into existence a child with a life worth living but with less than the greatest chance of a life of maximum human flourishing. Fourth, it is impermissible to bring into existence a child whose life is either certain or likely to fall below some baseline of a human life minimally worth living. (shrink) | |
In Derek Parfit's original formulation the Repugnant Conclusion is characterized as follows: “For any possible population of at least ten billion people, all with a very high quality of life, there must be some much larger imaginable population whose existence, if other things are equal, would be better even though its members have lives that are barely worth living” (Parfit 1984). The Repugnant Conclusion highlights a problem in an area of ethics which has become known as population ethics . The (...) last three decades have witnessed an increasing philosophical interest in questions such as “Is it possible to make the world a better place by creating additional happy creatures?” and “Is there a moral obligation to have children?” The main problem has been to find an adequate theory about the moral value of states of affairs where the number of people, the quality of their lives, and their identities may vary. Since, arguably, any reasonable moral theory has to take these aspects of possible states of affairs into account when determining the normative status of actions, the study of population ethics is of general import for moral theory. As the name indicates, Parfit finds the Repugnant Conclusion unacceptable and many philosophers agree. However, it has been surprisingly difficult to find a theory that avoids the Repugnant Conclusion without implying other equally counterintuitive conclusions. Thus, the question as to how the Repugnant Conclusion should be dealt with and, more generally, what it shows about the nature of ethics has turned the conclusion into one of the cardinal challenges of modern ethics. (shrink) | |
We know that Homo sapiens will not exist forever. Given this, how should our species end? What are the reasons, if any, to delay our extinction? In this paper, I show that the pre-eminent reasons which favour prolonging the existence of the species are partial: they will arise from the particular attachments and projects of the final few generations. While there may also be impartial reasons to prolong the species, these reasons are liable, with time, to reverse their valence: we (...) can be reasonably confident that they will ultimately recommend hastening the demise of the species. Consequently, it is likely that our descendants will eventually face a difficult -- possibly tragic -- conflict, between partial duties that recommend living on, and an impartial duty to extinguish the species. (shrink) | |
Successful preimplantation genetic diagnosis to avoid creating a child affected by a genetically-based disorder was reported in 1989. Since then PGD has been used to biopsy and analyze embryos created through in viuo fertilization to avoid transferring to the mother’s uterus an embryo affected by a mutation or chromosomal abnormality associated with serious illness. PGD to avoid serious and early-onset illness in the child-to-be is widely accepted. PGD prevents gestation of an affected embryo and reduces the chance that the parents (...) will be faced with a difficult decision of whether to terminate the pregnancy. More controversial have been PGD to select the sex of the child-to-be for “family balancing”, PGD for mere susceptibility to disease and for late-onset disorders such as Alzheimer diseas, and most controversially, PGD to create a donor child who is Human Leukocyte Antigen (HLA-matched with a preexisting sibling in need of stem cell transplant. (shrink) | |
This paper aims at answering some of the objections to the NIP’s criticism of the idea of rights of future persons. Those objections usually adopt different perspectives depending on how they understand differently the nature of the correlativity between rights and duties – some adopt a present-rights-of-future-persons view, others a future-rights-of-future-persons view, others a transitive present-rights-of-present-persons view, and others still an eternalist view of rights and persons. The paper will try to show that only a non-transitive present-rights-of-present-persons view can survive (...) the challenges posed by the notion of correlativity inherent in the NIP, and thus preserve rights language when discussing the future. This view is proved also more suitable for the legal and political realms, where policies and law-making are usually more concerned with present addressees and short term effects. (shrink) | |
in Intergenerational Equity and Sustainability, edited by John Roemer and Kotaro Suzumura, (Palgrave Publishers Ltd., forthcoming 2007), ch.11. | |
A number of criticisms of Utilitarianism – such as “nearest and dearest” objections, “demandingness” objections, and “altruistic” objections – arise because Utilitarianism doesn’t permit partially or wholly disregarding the utility of certain subjects. A number of authors, including Sider, Portmore and Vessel, have responded to these objections by suggesting we adopt “dual-maximizing” theories which provide a way to incorporate disregarding. And in response to “altruistic” objections in particular – objections noting that it seems permissible to make utility-decreasing sacrifices – these (...) authors have suggested adopting a dual-maximizing theory that permits disregarding one’s own utility. In this paper I’ll defend two claims. First, I’ll argue that dual-maximizing theories are a poor way to incorporate disregarding. Instead, I’ll suggest that “variable-disregarding” theories provide a more attractive way to incorporate disregarding. Second, I’ll argue that the right way to handle these “altruistic” objections isn’t to permit disregarding one’s own utility, it’s to permit disregarding the utility of those who consent. Together, these two claims entail that the best way to modify Utilitarianism to handle “altruistic” objections is to adopt a variable-disregarding view that disregards the utility of those who consent. (shrink) | |
Where there is a fixed population (i.e., who exists does not depend on what choice an agent makes), the deontic version of anonymous Paretian egalitarianism holds that an option is just if and only if (1) it is anonymously Pareto optimal (i.e., no feasible alternative has a permutation that is Pareto superior), and (2) it is no less equal than any other anonymously Pareto optimal option. We shall develop and discuss a version of this approach for the variable population case (...) (i.e., where who exists does depend on what choice an agent makes). More specifically, we shall develop and discuss it in the context of a person-affecting framework—in which an option is just if and only if it wrongs no one according to certain plausible conditions on wronging. (shrink) | |
Recent decades have seen a considerable and progressive increase in historical claims. Within the context of colonialism criticism, but also outside this sphere, numerous politicians, collectives and intellectuals have emerged to denounce certain acts of the past, demanding recognition and repentance that would compensate for these past affronts. In this article we will analyze one of these cases: the demand for an apology from Spain and the Vatican by the President of Mexico, López Obrador. Taking as a guide the debate (...) around the ethical problem of non-identity, we will see what ethical and metaphysical assumptions serve as the basis for these claims. We will also assess whether the claims of the so-called «historical victims» are consistent and ethically acceptable. (shrink) No categories | |
Here's one piece of practical reasoning: "If I do this then a person will reap some benefits and suffer some costs. On balance, the benefits outweigh the costs. So I ought to do it." Here's another: "If I do this then one person will reap some benefits and another will suffer some costs. On balance, the benefits to the one person outweigh the costs to the other. So I ought to do it." Many influential philosophers say that there is something (...) dubious about the second piece of reasoning. They say that it makes sense to trade-off costs and benefits within lives, but not across lives. In this paper I make a case for the second piece of reasoning. My case turns on the existence of morphing sequences—sequences of possible states of affairs across which people transform smoothly into other people. (shrink) | |
Abstract More than some other fields of ethics, climate ethics is related to pressing real-world problems. Climate ethicists have a responsibility to be precise about the status of the problems they discuss. The non-identity problem (NIP) plays are a prominent role in the climate ethics literature. In a widely discussed statement, Derek Parfit claimed that a risky climate policy is not harmful for (distant) future people. But this ignores the “insignificant-causal-factors rejoinder”. The Parfitian assertion is still treated as serious problem (...) to theories of climate justice in key philosophical texts, and this may mislead climate policy decision-makers. Philosophers should acknowledge that the NIP, when applied to climate change, is “just” a thought experiment and should communicate it in this way to people outside the philosophical community. (shrink) | |
Nel 2020, al fine di chiarirmi le idee sulle mie stesse posizioni filosofiche, ho iniziato a scrivere un libro che esponesse e valutasse le maggiori argomentazioni connesse a diverse questioni filosofiche. Lo condivido come bozza in quanto non intendo più modificarlo, e i suoi capitoli stanno venendo rielaborati e pubblicati in parte come articoli divulgativi, in parte come articoli scientifici. Il primo capitolo presenta varie scuole filosofiche e si concentra sulla tradizione analitica. Il secondo presenta il settore della teoria della (...) verità. Il terzo, la teoria della giustificazione. Il quarto, l'etica normativa. Il quinto, la metaetica. Il sesto, la filosofia dell'identità e dello spaziotempo. Il settimo, la filosofia del libro arbitrio. L'ottavo, la filosofia della matematica. Il nono, la filosofia della mente. I capitoli 1, 2, 3, 4 e 5 sono essenzialmente completi, pur mantenendo molte ingenuità giovanili (la loro riscrittura per la pubblicazione ha infatti necessitato molte specificazioni). I capitoli 6, 7 e 8 pure sono essenzialmente completi, ma mancano della bibliografia per le "letture consigliate". Il nono capitolo, invece, è rimasto come semplici appunti e richiederebbe una riscrittura profonda. Cose buone che si trovano in questo testo: quelle che ritengo essere le più semplici (ma rigorose) introduzioni ai teoremi di incompletezza di Goedel e ai paradossi EPR. (shrink) No categories |
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