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Wednesday, January 19, 2022

On the Harm of Imposing Risk of Harm.

Maheshwari, K. (2021)
Ethic Theory Moral Prac 24, 965–980

Abstract

What is wrong with imposing pure risks, that is, risks that don’t materialize into harm? According to a popular response, imposing pure risks is pro tanto wrong, when and because risk itself is harmful. Call this the Harm View. Defenders of this view make one of the following two claims. On the Constitutive Claim, pure risk imposition is pro tanto wrong when and because risk constitutes diminishing one’s well-being viz. preference-frustration or setting-back their legitimate interest in autonomy. On the Contingent Claim, pure risk imposition is pro tanto wrong when and because risk has harmful consequences for the risk-bearers, such as psychological distress. This paper argues that the Harm View is plausible only on the Contingent Claim, but fails on the Constitutive Claim. In discussing the latter, I argue that both the preference and autonomy account fail to show that risk itself is constitutively harmful and thereby wrong. In discussing the former, I argue that risk itself is contingently harmful and thereby wrong but only in a narrow range of cases. I conclude that while the Harm View can sometimes explain the wrong of imposing risk when (and because) risk itself is contingently harmful, it is unsuccessful as a general, exhaustive account of what makes pure imposition wrong.

Conclusions

In this paper, I have engaged in a detailed discussion of a prominent view in the ethics of risk imposition, namely the Harm View. I’ve argued that the Harm View is plausible only on the Contingent Claim, but fails on the Constitutive Claim. In discussing the Constitutive Claim, I’ve argued that the preference and autonomy accounts as construed by Finkelstein (2003) and Oberdiek (2017), respectively fail to show that risk itself is constitutively harmful, and thereby wrong. In vindicating the idea that risk itself is constitutively harmful, both accounts are found guilty of either trivializing or undermining the moral significance of risk, or admit to having counter-intuitive implications in cases where risks materialize. In discussing the Contingent Claim, I’ve argued that risk itself is contingently harmful and thereby wrong only in a narrow range of cases. This makes the Harm View explanatorily limited in scope, thereby undermining its plausibility as a general, exhaustive account of what makes pure imposition wrong.