Jeff Haines

Risk is a problem for theories of justice and ethics. It seems to be both the case that it is prima facie wrong to cause non-negligible risk for others and that we very often do cause non-negligible risk for others. When others consent to be subjected to the risk, we are arguably justified in causing it. This leaves us with the problem that very few risk-generating actions are actually consented to. Using consent to justify creating risk, then, must make use of a notion of hypothetical consent. I argue that we can infer hypothetical consent in some cases only when we share an adequate basic structure with the people placed at risk. This, however, leaves unresolved the problem of creating risk for people in other countries. We must either cease causing such risk or invite them into a shared basic structure.