anticipatory injustice Flashcards
(9 cards)
what is pure risk
risks that do not eventuate e.g. driving under the influence but not getting in to an accident
harming (Feinberg)
Harm involves set back to someone’s legitimate interest
wronging
Those who have acted recklessly + shown disregard for anothers interest may have wronged them by risking their lives
why is pure risk important
○ If we CANT show that pure risk is harmful, then we cannot justify rights against risk taking - Oberdiek
○ If compensation is due under law only when plaintiff is harmed, then working out if pure risk is a harm is important for deciding compensation for unrealized risks
e.g. being compensated for a data security breach where there is no evidence for any harm having been done
harms of pure risk
○ You prefer to not be exposed to risk even if it doesn’t eventuate
To frustrate someones preferences is to set back their interests - to harm them - Finkelstein
○ It can frustrate our interest in autonomy - Imposing risk can diminish the autonomy of those subject to risk by foreclosing someone’s options (think anticipatory injustice)
- To diminish someone’s autonomy is to harm them - Oberdiek
for pure risk
○ We have preferences for things that are bad for us e.g. alcohol
○ Imposing risk on non-autonomous beings e.g. babies/someone in coma
There are cases where we had risky options but not foreclose safe options e.g. build dangerous bridge
magnitude of harm problem - Bowen
the claim that pure risk is harmful gives counterintuitive results
If risk = harm, those subject to greater risk suffer greater harm
moral significance of living with risk
- Can impose additional burdens - fearfulness, anxiety, constrains/impairs choice
- can generate vital human goods - excitement, agency, self-control
- Economic risk has an overall negative effect on individual self-respect
Anticipatory injustice
injustice that stems from human tendency to seek to ward off risk e.g. story of black parent teaching child of the things they may face and how to avoid them
