Can a risk of harm itself be a harm?
Author(s) -
Thomas D. Rowe
Publication year - 2021
Publication title -
analysis
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.452
H-Index - 45
eISSN - 1467-8284
pISSN - 0003-2638
DOI - 10.1093/analys/anab033
Subject(s) - harm , harm principle , law and economics , criminology , law , political science , psychology , sociology
Many activities impose risks of harm on other people. One such class of risks are those that individuals culpably impose on others, such as the risk arising from reckless driving. Do such risks in themselves constitute a harm, over and above any harm that actually eventuates? This paper considers three recent views that each answer in the affirmative. I argue that each fails to overcome what I call the ‘interference objection’. The risk of harm itself, whether taken as a subjective or an objective risk, is unable to interfere with the interests of victims in order to constitute a harm. This does not mean that a risk of harm cannot itself be wrongful, but the conclusion does weaken the moral objectionableness of impositions of risks of harm.
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