Axel Gosseries

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Enviornment 6.2 (2001) 114-118 [Access article in PDF] Book Review Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law. Melinda A. Roberts. Lanham, Md.: Rowman & Littlefield, 1998. Pp. 235. ISBN 0-8476-8901-8 (Paperback) This book will provide the reader with a systematic examination of some of the most difficult philosophical issues involved in procreation, and most notably those raised by wrongful life claims and the non-identity problem. Can an action without which a given child would not even exist be simultaneously said to harm this very child? This is the key question addressed in this book. It is relevant not only to bioethicists, but also to those concerned with the possibility of harming members of future generations in general. The author proceeds with remarkable clarity in three steps. First, she unveils the core intuition and unfolds the key implications of what is standardly referred to as the person-affecting view. Second, she focuses on the now famous non-identity problem that is supposed to raise a serious challenge to the plausibility of the person-affecting view. Third, wrongful life and human cloning are taken as illustrations of the problem.The starting point is thus the person-affecting or personalist view. The author argues that what is at stake in such a view is not only a concern for [End Page 114] persons (as opposed to plants or stones), but also for definite persons. The core intuition that "what is bad must be bad for someone" (Derek Parfit) implies a comparison between two states of the same person. As she puts it, "the pairwise comparisons of worlds appealed to within personalism are always in respect of particular people" (6). This does not necessarily imply consequentialism, contrary to what Roberts claims (e.g., 1), at least if we understand the latter, for example, as Philip Pettit does. 1 Moreover, one may very well argue that what is at the heart of the person-affecting intuition is a sense that an action needs to be assessed on the basis of its effect on persons, which would not necessarily imply that such effects require a comparison between two states of the same person. Nevertheless, the extent to which a person-affecting conception--as defined by Roberts--will be in trouble depends on the extent to which comparisons between the same person's states cannot operate. This is precisely where to introduce the idea of a non-identity context, that is, a situation in which not committing an allegedly harmful act would or could also have meant the nonexistence of the allegedly harmed person. For example, had a medical doctor not committed this preconceptional diagnostic mistake (or a father taken a slower or faster means of transportation to come back home), this child would or could not have existed. Can we thus say that the practitioner harmed the child who turned out to be heavily handicapped due, for example, to a genetically transmissible disease (or that the father harmed his child by leaving him with a very polluted environment due to his use of big cars as a means of transportation)?One key feature of Roberts's approach is that she restricts the scope of the non-identity problem to cases where not committing the allegedly harmful action would have made it impossible for this child to have existed ("two-alternative" cases) (26, 319, 325). This entails that whenever this very child could still have come to existence in the allegedly harmful action's absence, whatever the likelihood of such a coming to existence, we would fall outside a non-identity context ("three-alternative" cases) (27; 94-95). What matters to Roberts is whether or not the same child could have been born better than he is, not whether he would, as a matter of fact, have been born at all. The consequence is that in cases where the same child could have been born, say, unhandicapped, the author remains...

This chapter explores the specificities, strengths, and weaknesses of the idea of reciprocity as a basis for intergenerational obligations. Three models are presented: descending, ascending, and double reciprocity. Each of these three models is tested against three objections. The first objection asks why having received something from someone would necessarily entail the obligation to give back. The second objection questions the ability of each model to justify the direction of reciprocation. A final objection looks at the extent to which reciprocity-based views adjust the content of our obligation to the fluctuations in population size.

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.

Axel Gosseries1 | : À la suggestion de Jefferson,3 nous nous proposons de prendre au sérieux la comparaison entre nations et générations dans le cadre d’une théorie philosophique de la justice et de la démocratie préoccupée par nos devoirs envers les membres d’autres générations. Nous nous concentrons ici sur trois des caractéristiques propres aux relations intergénérationnelles, à travers une comparaison avec des situations internationales spécifiques. La première a trait à l’immobilité temporelle des personnes au delà de la période s’étendant de leur naissance à leur mort. Cette immobilité rend certaines ressources qui sont spécifiques à des périodes données, inaccessibles aux générations des autres périodes, ce qui peut importer pour certaines théories de la justice. Nous nous intéressons ensuite au caractère enclavé de chaque génération. La transmission intergénérationnelle des biens dépend alors de la collaboration tant passive qu’active des générations de transit. Nous montrons en quoi cela importe pour la définition de nos obligations de justice intergénérationnelle. Enfin, nous insistons sur le caractère unidirectionnel de l’écoulement du temps — cette fois à travers l’analogie avec les nations riveraines d’un fleuve — et son effet sur la distribution temporelle des coûts et bénéfices, et des vulnérabilités. Nous en examinons les implications normatives possibles pour la définition de la juste distribution du pouvoir entre générations. À travers ces trois illustrations, nous espérons montrer la pertinence de cette approche anatomico-analogique pour la compréhension de ce que nous devons aux autres générations, et en particulier aux générations futures. | : Following Jefferson’s suggestion, I take seriously the promises of a comparison between nations and generations, as part of a philosophical theory of justice and of democracy concerned with our obligations towards members of other generations. I focus here on three of the features that are specific to intergenerational relations, through a comparison with corresponding international situations. The first feature has to do with people’s temporal immobility beyond the lapse of time that extends from their birth to their death. Such immobility renders some period-specific resources inaccessible to generations from other periods, which may have implications for some theories of justice. The second feature that I look into is the period-locked nature of the members each generation. The intergenerational transfer of goods to future generations then depends on the passive as well as active collaboration of transit generations. I show why and to what extent this matters to the definition of our intergenerational obligations. Finally, I insist on the one-directional feature of time’s passage — through an analogy with the situation of riparian nations along a river — and on its effect on the temporal distribution of costs and benefits, as well as of vulnerabilities. I explore the potential normative implications of such one-directionality for the definition of a fair distribution of power between generations. Through looking at these three features and closely examining their implications, I also hope to stress the relevance of an anatomico-analogical method for the understanding of what we owe other generations, and especially future ones

Doit-on attendre des membres actuels d'une communauté qu'ils compensent les victimes des émissions de gaz à effet de serre causées par leurs ancêtres? Nous défendons l'idée que les générations précédentes de pollueurs peuvent très bien ne pas être mo-ralement responsables des dommages qu'elles ont causés. Et nous acceptons aussi la position selon laquelle les descendants d'une génération de pollueurs ne sauraient être tenus pour res-ponsables des dommages engendrés par leurs ancêtres. Il n'en subsiste pas moins que même si l'on effectue ces deux concessions, il reste possible de défendre l'idée d'obligation des des-cendants d'une génération de pollueurs à compenser les victimes actuelles des actions de leurs ancêtres, et ce sur base d'une notion morale de free-riding transgénérationnel. Une définition est proposée et des objections au recours à une telle notion sont rejetées. Suit une comparaison de deux logiques possibles sous-tendant l'utilisation d'un concept de free-riding dans le cadre d'une théorie de la justice, ainsi qu'un examen de leurs implications pratiques

Pour les tenants de l’égalitarisme du maximin, le contexte intergénérationnel constitue un triple défi. Primo, ce que requiert le maximin intergénérationnel ne se confond-il pas avec l’interdiction de la désépargne posée par une conception commutative de la justice comme réciprocité indirecte? Secundo, ne sommes-nous contraints de prendre au sérieux, plus qu’ailleurs, les préoccupations aggrégatives des utilitaristes afin d’éviter une « stagnation éternelle dans la misère » et ainsi de renoncer au maximin? Tertio, n’est-ce pas un contexte où égalitarisme et maximin ne diffèrent pas dans leurs conséquences pratiques? L’A. répond par la négative aux trois questions. Il montre en particulier en quoi l’égalitarisme du maximin s’écarte d’une règle de non-désépargne. Il indique la manière dont il importe de penser la justice entre générations de manière proprement distributive et il examine la manière dont le défi « aggrégatif » peut être relevé.

In lieu of an abstract, here is a brief excerpt of the content:Ethics & the Enviornment 6.2 (2001) 114-118 [Access article in PDF] Book Review Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law Child versus Childmaker: Future Persons and Present Duties in Ethics and the Law. Melinda A. Roberts. Lanham, Md.: Rowman & Littlefield, 1998. Pp. 235. ISBN 0-8476-8901-8 (Paperback) This book will provide the reader with a systematic examination of some of the most difficult philosophical issues involved in procreation, and most notably those raised by wrongful life claims and the non-identity problem. Can an action without which a given child would not even exist be simultaneously said to harm this very child? This is the key question addressed in this book. It is relevant not only to bioethicists, but also to those concerned with the possibility of harming members of future generations in general. The author proceeds with remarkable clarity in three steps. First, she unveils the core intuition and unfolds the key implications of what is standardly referred to as the person-affecting view. Second, she focuses on the now famous non-identity problem that is supposed to raise a serious challenge to the plausibility of the person-affecting view. Third, wrongful life and human cloning are taken as illustrations of the problem.The starting point is thus the person-affecting or personalist view. The author argues that what is at stake in such a view is not only a concern for [End Page 114] persons (as opposed to plants or stones), but also for definite persons. The core intuition that "what is bad must be bad for someone" (Derek Parfit) implies a comparison between two states of the same person. As she puts it, "the pairwise comparisons of worlds appealed to within personalism are always in respect of particular people" (6). This does not necessarily imply consequentialism, contrary to what Roberts claims (e.g., 1), at least if we understand the latter, for example, as Philip Pettit does. 1 Moreover, one may very well argue that what is at the heart of the person-affecting intuition is a sense that an action needs to be assessed on the basis of its effect on persons, which would not necessarily imply that such effects require a comparison between two states of the same person. Nevertheless, the extent to which a person-affecting conception--as defined by Roberts--will be in trouble depends on the extent to which comparisons between the same person's states cannot operate. This is precisely where to introduce the idea of a non-identity context, that is, a situation in which not committing an allegedly harmful act would or could also have meant the nonexistence of the allegedly harmed person. For example, had a medical doctor not committed this preconceptional diagnostic mistake (or a father taken a slower or faster means of transportation to come back home), this child would or could not have existed. Can we thus say that the practitioner harmed the child who turned out to be heavily handicapped due, for example, to a genetically transmissible disease (or that the father harmed his child by leaving him with a very polluted environment due to his use of big cars as a means of transportation)?One key feature of Roberts's approach is that she restricts the scope of the non-identity problem to cases where not committing the allegedly harmful action would have made it impossible for this child to have existed ("two-alternative" cases) (26, 319, 325). This entails that whenever this very child could still have come to existence in the allegedly harmful action's absence, whatever the likelihood of such a coming to existence, we would fall outside a non-identity context ("three-alternative" cases) (27; 94-95). What matters to Roberts is whether or not the same child could have been born better than he is, not whether he would, as a matter of fact, have been born at all. The consequence is that in cases where the same child could have been born, say, unhandicapped, the author remains...

Ageing without Ageism? contributes to the essential and timely discussion of age, ageism, population ageing, and public policy. It demonstrates the breadth of the challenges posed by these issues by covering a wide range of policy areas: from health care to old-age support, from democratic participation to education, and from family to fiscal policy. With contributions from 21 authors the discussion bridges the gap between academia and public life by putting in dialogue fresh philosophical analysis and specific new policy proposals. It approaches familiar issues like age discrimination, justice between age groups, and democratic participation across the ages from novel perspectives.

In this paper, we explore the extent to which mountain huts and rules imposed on their users can provide metaphoric inspiration to the exploration of issues of an intergenerational justice. We indicate features made salient by the metaphor. We focus in particular on the content of an intergenerational golden rule and on cleronomic justice. We also explain why the absence of a warden matters. Other absent features make salient other dimensions that are central to intergenerational justice. Special attention is granted to two of them: the “genesis” relationship among successive generations and the problem of population change across generations.

The A. discusses conditions for the idea of obligations towards the dead, while simultaneously holding the view that dead people have ceased to exist in a morally relevant sense. He examines and rejects three «lateral» strategies (Callahan, Wellman, Partridge) that rest on a notion of obligations concerning, rather than towards the dead. He then goes on to scrutinize Feinberg's «frontal» strategy, that consists in defending the possibility of (pre)posthumous harms, and, as a result, of obligations towards the dead. The A. rejects this standpoint also, especially because of the deterministic view on which it rests, and because of the coexistence it implies between post-mortem properties and ante-mortem harm. Both lateral and frontal strategies thus fail to justify obligations towards the dead. The A. then suggests that if we wish to stick to the latter, we might have to endorse the metaphysical claim that seems to be implied in it (i.e. that dead people do exist in some morally relevant sense), unless we are ready to abandon the idea that a moral obligation towards a person only makes sense if this person is in a position to be harmed.

Competition – more specifically economic competition – is relevant to ethical reflection in different ways. Some of its features exacerbate the intensity of moral problems we may otherwise come across in a context of scarcity. For instance, when competition is especially tough – think about winner-takes-all cases – one agent is likely to lose significantly if he or she acts ethically, to the benefit of others who act in ways that seem ethically questionable. Whenever ‘ethics does not pay’ and competition is intense, an economic actor can lose business as a result. Admittedly, business death does not necessarily amount to a person’s death, which makes it different from lifeboat cases. But running out of business is still a very serious problem. Consider also the issues that arise in the context of strong tax competition. Imposition of a fair corporate tax structure may simply chase the most mobile players to low-tax jurisdictions.Another fact about economic competition that renders ethical issues more vivid is company replaceability. Often, if a single agent renounces acting in a way considered morally problematic – e.g. investing in natural resource infrastructure and exploration in a country such as Burma – other players may step in to replace the single agent and immediately assume its morally problematic role. As a result, the people the single agent was concerned about – the citizens of Burma – may reap no positive consequences at all from what we consider the right act by the single agent.There is of course a connection between the first phenomenon – “competition may make it more costly for me to be moral” – and the second – “it makes no difference whether I act morally or not”. I lose in both cases, while no one other than a competitor who has no more moral status than I do wins. If I lose business because I aim at doing the right thing, and others immediately replace me, I will be the only loser. The only winner will be another company. And the very people I am most concerned about may gain nothing at all.It seems legitimate to expect moral theory to have at least something to tell us about what individual agents are supposed to do in such types of contexts. It is also moral theory’s task to consider under which conditions competition itself can be seen as a good thing, whether more competition is always better – as consumer protection too often assumes – and whether there is some connection between coming closer to perfect competition and getting closer to what could be called a fair price. The question is not only “how to be fair when there is competition”, it is also “can competition be fair?”These questions invite us to look more closely at markets. The marketplace allows for supply-demand coordination. It also allows consumers to compare products from different suppliers. We often operate under the assumption that the existence of competition helps to reduce the degree to which producers can exploit consumers. This assumption is, indeed, key to justifying policies that aim at fighting monopolies. But is this salutary effect enough to render even perfect competition fair? One might claim, for example, that while markets permit a reduction in producer exploitation of consumers, it may in fact exacerbate the reverse phenomenon, i.e. by allowing consumers to “exploit” workers and capitalists.Three papers offered in the present edition of Ethical Perspectives are the outcome of a workshop organized in October 2010 as part of a project entitled “Social Responsibility in Economic Life”. This workshop took place with the financial support of the Fondation Emile Bernheim at the Université catholique de Louvain. The first two papers – by Roberts and Dietsch – look at issues of fairness in competition, whereas the third – by Arnsperger – addresses the problem of fairness of competition.Competition is a location in which people continuously harm one another – e.g. my competitive practices can easily make you lose clients or your leadership position. Against this backdrop, the only important issue is often considered to be whether – and to what extent – such a harm should also be seen as a wrong.Roberts focuses on cases in which the very harm itself seems impossible to locate – a finding that would itself seem to moot the issue of wrongdoing from the start. Multiple-agent situations in particular challenge our ability to discern harm in any clear sense. Consider the case in which one agent’s acting in a questionable way seems to make no difference to the alleged victim, since had the one agent not acted in that way a second agent would have stepped in to replace the one agent and imposed at least the same degree of damage on that victim. In such an instance, how can the one agent’s acting in a questionable way be said to harm the victim, when the fact is that it makes no difference from the victim’s perspective whether the one agent acts in this way or not?Relying on an account of how individual agents can be said to participate in what is in effect a group harm, Roberts argues that that ‘no difference’ assessment is a mistake. She then demonstrates how the application of this concept of harm can translate into ethical constraints on specific agents.Dietsch focuses on regulatory competition and more specifically on the duties of one type of actor – the tax planning industry. He considers three definitions of corporate social responsibility before offering an even weaker definition. The latter consists in the following double obligation. According to Dietsch, corporations should ‘pay their taxes’ and ‘not undermine the respect of fiscal obligations by third parties’. He does not directly question the legitimacy of tax planning as a whole. He insists instead that self-regulation in this sector is utopian – more than in other sectors – even if one assigns to the actors in question a truly minimal social responsibility. In this connection, he identifies a twofold challenge that the ethical actor must, in Dietsch’s view, be prepared to meet.Finally, Arnsperger shows that the relationship between solidarity and competition can be understood in at least three ways. Competition can be seen as a source of solidarity. Solidarity can be seen as a counterweight to some effects of competition. And competition can be considered as a dynamic threat to genuine solidarity. He defends the third view as central, with clear implications for the claim according to which competition can be seen as fair