Harm to Future Persons: Non-Identity Problems and Counterpart Solutions

Non-Identity arguments have a pervasive but sometimes counter-intuitive grip on certain key areas in ethics. As a result, there has been limited success in supporting the alternative view that our choices concerning future generations can be considered harmful on any sort of person-affecting principle. However, as the Non-Identity Problem relies overtly on certain metaphysical assumptions, plausible alternatives to these foundations can substantially undermine the Non-Identity argument itself. In this paper, I show how the pervasive force and nature of Non-Identity arguments rely upon a specific adoption of a theory of modality and identity and how adopting an alternative account of modality can be used to reject many conclusions formed through Non-Identity type arguments. By using Lewis’s counterpart-theoretic account to understand ways we might have been, I outline the basis of a modal account of harm that incorporates a person-affecting aspect. This, in turn, has significant implications for ethical decision-making in areas such as reproductive choice and the welfare of future generations.     

Autonomy,Respect, and the Rights of Persons with Disabilities in Crisis

Article 12(2) of the UN Convention on the Rights of Persons with Disabilities guarantees persons with disabilities ‘the right to legal capacity on an equal basis with others in all aspects of life.’ In its General Comment on Article 12, the Committee on the Rights of Persons with Disabilities claims that this guarantee necessitates the abolition of the world's dominant approach to mental capacity law. According to this approach, when a person lacks the mental capacity to make a particular legal decision at the material time, the state authorises a third‐party to make it on her behalf. The Committee declares such substituted decision‐making a violation of the Convention's guarantee of legal capacity on an equal basis, and therefore demands it be replaced by an allegedly non‐discriminatory alternative called supported decision‐making. This article argues that we should reject the Committee's demand in its current form, because the most influential version of the new approach to supported decision‐making suffers from serious conceptual flaws that make it inferior to the mental capacity approach. However, I then argue that the Committee's demand stems from a legitimate ethical concern with respect and equality that ought to inform the CRPD's implementation process.     

Autonomy and Conjugal Love: A Reply to Golash

In my response to Golash I distinguish between two steps in my original argument. The first relates to the special value of conjugal (two-person) love relationships. I defend this step against criticisms, arguing that the two-person relationship provides a form of recognition that is of special importance to us and cannot be found in other sorts of relationship. The two-person relationship is one that, at least as private individuals, we have special reason to pursue. The second step concerns the claim that the special value of such relationships tends to promote the autonomy of those who have them. It is this second step that is important for the argument that a liberal state – one, at any rate, that takes itself to be in the business of safeguarding the pre-conditions of autonomy – could have reason to favour marriage or some form of civic partnership over other forms of intimate adult tie. However, I admit that Golash puts forward plausible – if anecdotal – arguments against this second step. I therefore agree that I need to be more tentative about this step than I was in the original paper.     

Making Meaning: The Constructive-Developmental Approach to Persons and Practice

The constructive (in the sense of construing) and developmental (but throughout the lifespan) framework, whose conceptual roots lie in the work of Piaget, outlines the holistic personality process of systems of making meaning, systems that organize human thought, feeling, and action. In this article Kegan discusses and then applies the model—to a worker in a CETA program and to a psychiatric ward patient—elucidating the perspectives—on mental health and employability—it can open for practitioners.     

Autonomy as Social Independence: Reply to Weimer

I defend my pure social account of global autonomy from Steven Weimer's recent criticisms. In particular, I argue that it does not implicitly rely upon the very kind of nonsocial conception of autonomy that it hopes to replace.     

Autonomy and reactions to health-risk information

It has been suggested that autonomy promotes enhanced reflection on novel information and reduces defensive or biased information processing. This study investigated how autonomy affected people's reactions to known versus novel health-risk information in relation to three behaviours: sun exposure, alcohol consumption and salt intake. Participants (N = 321) completed a measure of autonomy, read either known or novel health-risk information and reported their relative autonomous motivation, attitudes, perceived behavioural control, subjective norm and intentions towards reducing the health-risk behaviour concerned. In line with our hypotheses, the results showed that higher autonomy participants reported greater relative autonomous motivation towards reducing health-risk behaviours than did lower autonomy participants; this effect was mediated by perceptions of the information as less freedom-threatening. The expected interaction between Autonomy and Information Type was not observed. The results indicate that autonomy is associated with greater relative autonomous motivation to engage in health behaviours, and that autonomous motivation may subsequently influence intentions to reduce health-risk behaviour following exposure to health-risk information.     

Educating for Autonomy: Liberalism and Autonomy in the Capabilities Approach

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

Autonomy and radical evil: a Kantian challenge to constitutivism

Properly understood, Kant’s moral philosophy is incompatible with constitutivism. According to the constitutivist, being subject to the moral law cannot be a matter of free choice, and failure to comply with it is to be understood as a deficiency in one’s integrity as an intentional agent. I reconstruct Kant’s arguments to the conclusion that immorality, moral evil, consists in choosing to give one’s unity as an intentional agent supremacy over the moral law, and that one’s being subject to the moral law must be one’s own free choice. And I explain how Kant’s doctrine of radical evil, according to which we cannot be subject to the moral law without actually being morally evil, protects this conclusion from entailing the denial of the unconditionally binding character of moral principles, which character constitutivists correctly identify as the central concern of Kant’s – or any – moral philosophy.     

Counterfactuals, Autonomy and Downward Causation: Reply to Zhong

In recent papers, Lei Zhong argues that the autonomy solution to the causal exclusion problem is unavailable to anyone that endorses the counterfactual model of causation. The linchpin of his argument is that the counterfactual theory entails the downward causation principle, which conflicts with the autonomy solution. In this note I argue that the counterfactual theory does not entail the downward causation principle, so it is possible to advocate for the autonomy solution to the causal exclusion problem from within the counterfactual theory of causation.     

Persons as goods: response to Patrick Lee.

Developing a British perspective on the abortion debate, I take up some ideas from Patrick Lee's fine paper, and pursue, in particular, the idea of individual humans as goods in themselves. I argue that this notion helps us to avoid the familiar mistake of making moral value impersonal. It also shows us the way out of consequentalism. Since the most philosophically viable notion of the person, the individual human, is (as Lee argues) a notion of individual substance that is there from conception, the move has a third effect, which is to rule out abortion.     

Autonomy and the Moral Symmetry Principle: Reply to Frowe and Tooley

Helen Frowe has recently objected to Michael Tooley’s famous Moral Symmetry Principle, which is meant to show that in themselves killing and letting die are morally equivalent. I argue that her objection is not compelling but a more compelling objection is available. Specifically, Tooley’s rebuttal of a proposed counter-example to his Moral Symmetry Principle has two problematic implications. First, it undercuts the very principle itself. If we reject the proposed counter-example, then any instance of the Moral Symmetry Principle will actually demonstrate the moral in-equivalence of killing and letting die. Second, it commits us to the view, which Tooley wishes to avoid, that we are just as obligated to refrain from doing wrong as we are to prevent others from doing the same. I conclude with a brief discussion of a more general concern regarding Tooley’s basic strategy. My focus here is quite narrow. My claims, if plausible, only show that the Moral Symmetry Principle is unsound and thus cannot serve as a basis for the view that killing and letting die are morally equivalent.