ABSTRACT. This essay answers two questions that continue to drive debate in moral and legal philosophy; namely, 'Is a risk of harm a wrong?' and 'Is a risk of harm a harm?'. The essay's central claim is that to risk harm can be both to wrong and to harm. This stands in contrast to the respective positions of Heidi Hurd and Stephen Perry, whose views represent prominent extremes in this debate about risks. The essay shows that there is at least one category of risks -intentional impositions of risk on unconsenting agents -which can be both wrongful and harmful. The wrongfulness of these risks can be established when, on the balance of reasons, one ought not to impose them. The harmfulness of these risks can be established when the risks are shown to set back legitimate interests. In those cases where risks constitute a denial of the moral status of agents, risks set back agents' interest in dignity. In these ways, the essay shows that there are instances when a risk can constitute both a wrong and a harm.

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state.

No abstract

No abstract

This essay criticizes Joseph Raz’s service conception of authority on the basis of its knowability condition. The condition states that for agents to be justified in following authoritative directives, they must be able to know (i.e., form reliable beliefs) that the authority issuing the directives is in fact legitimate. Three grounds for concern are identified. The first is that the satisfaction of the normal justification thesis (NJT), which states that the legitimacy of authorities hinges on whether their directives enable subjects to better conform to reason, only provides agents with reasons to believe that it is justified to act as if an authority were legitimate (i.e., on the assumption that it is). Based on the belief/acceptance distinction, the NJT allows for a gap between what is actually the case and what agents are willing to go along with in order to improve the likelihood of conforming to right reason. The independence condition (IC), which states that for those matters where the NJT obtains it must be better for a subject to improve such conformity than to decide for herself, must be satisfied in conjunction with the NJT, but suffers from its own particular problems. Thus, the second problem identified is that of incommensurable values, which appears when agents are not able to decide between the value of improving right reason—NJT—and the value of deciding for themselves—IC. Finally, the third problem is that of vagueness about right reason, where agents attempting to determine whether an authority meets the two conditions are not able to settle whether reason is improved. Together, these three problem areas of knowability serve to challenge Raz’s position.