But even if death deprives a person of something, what harm is it to him, since he does not suffer by the deprivation? The case that Nagel finds convincing is that of an intelligent adult reduced, through traumatic brain injury, to the mental capacity of an infant. Surely, for Nagel, this person has been harmed, though he does not realize it or perceive it. Nagel, however, imagines this objection, which I imagine would be Jim's objection:
He does not mind his condition. It is in fact the same condition he was in at the age of three months, except that he is bigger. If we did not pity him then, why pity him now; in any case, who is there to pity? The intelligent adult has disappeared, and for a creature like the one before us, happiness consists in a full stomach and a dry diaper. [Prurient emphasis mine.]
Nagel, of course, does not find this objection persuasive. He sees the harm as occurring, not to the brain-damaged person, but to the healthy person prior to the injury, in having been reduced to such a state. In other words, Nagel is willing to assign harm backwards in time. But is this so strange?
For a long time, I had a hard time intuitively understanding sexual jealousy. It seemed to have about the same objective reality as the cultural tradition of celebrating birthdays or saying "bless you" when someone sneezes. And, as an irrational, ridiculous, harmful social construct, it deserved no respect, and existed only to be eradicated. However, I have since been convinced by evolutionary psychology data that sexual jealousy is very much real, in the sense that it is not "socially constructed" like birthdays, and causes people genuine anguish. Though it is not intuitive to me, it is only proper to recognize that other people feel harmed by it, rather than assume they are making it all up. (Incidentally, the violent sexual jealousy suffered by humans, coupled with the sexual exuberance that humans also display, seems to function as a very real limitation on human happiness, at least given our current biological make-up.)
If harm can never occur unless someone perceives it as a harm, then we must take the position that sexual infidelity does no harm to the cuckolded partner, even where monogamy is promised, unless it is discovered. This presents two problems. First, it conflicts with the widely-held intuition that sexual infidelity is a harm to the unaware partner. If you refuse to sleep with your friend's girl, you say, "I wouldn't do that to my buddy" - not "I wouldn't do that because it might get discovered." Second, and related to this, is that when a person discovers that he has been betrayed sexually, he does not date the harm to the discovery; he dates it, most certainly, to the incident of the infidelity. (He is not sad that he found out; given the infidelity, he will probably say he is glad to have found out. He is sad that the infidelity occurred.) In cases like this, at least, it is common to backwards-date harm; are we forbidden to do this with the harm of death simply because, given our conception of time, causality cannot actually move backwards?
I must say that I am not entirely convinced of the rightness of either position; the idea that harm can occur when there is no one to perceive it is intuitively strange to me, but the objections commonly offered do not leave my mind easy, either. (See O.H. Green's "Fear of Death," in Philosophy and Phenomenological Research, Vol. 43, No. 1, Sep. 1982, pp. 99-105, for a view on how death may be wrong (or "evil") without actually being a harm.) I am persuaded by the arguments, however, and by the obviously conflicting intuitions of others, to the point where I have severe doubts about the goodness of ending life where a person wishes to continue to live, as prescribed in the "apocalyptic imperative" case.
I want to digress briefly to point out that, in the above-mentioned essay, "Death," Nagel articulates both a pro-natalist position and the idea that not being born is not a misfortune (usually the more contentious half of the antinatalist asymmetry) in the same paragraph:
The fact that Beethoven had no children may have been a cause of regret to him, or a sad thing for the world, but it cannot be described as a misfortune for the children that he never had. All of us, I believe, are fortunate to have been born. But unless good and ill can be assigned to an embryo, or even to an unconnected pair of gametes, it cannot be said that not to be born is a misfortune.
But back to the harm of death. What I want to explain here is that American tort law, interestingly, accords with the view that death is not a harm to the person who dies, even when that person is killed by the wrongdoing of another!
When a person dies through the wrongful act of another, whether negligent, reckless, or intentional, there are two separate lawsuits ("causes of action," in legalspeak) that may be pursued. First is what is called the survival action. To call it a "survival action" means that the right to sue existed while the person was alive, and continues after his death. (If someone is legally wronged during his life, he does not lose the right to sue for a remedy if he dies; his estate retains the right to sue for wrongs committed against him during his life.) Second is the wrongful death action, created by statute, to give the relatives of a deceased person a remedy for being deprived of his company and support.
The reason I claim that tort law accords with the notion that death is not a harm to the dead person is that, in the survival action, the decedent may only recover for harm that he experienced during his life. He may recover, for instance, medical expensed incurred prior to death, and for pain and suffering experienced prior to his death. But he gets nothing for being deprived of his life. As the court in the O.J. Simpson civil appeal (Rufo v. Simpson, (2002) 86 Cal. App. 4th 573) noted, in very quick killings, the only "compensatory damages" available may be for the damage to the victim's clothing. (Punitive damages are available, interestingly, in the survival action for an intentional killing, even if compensatory damages are quite small; this accords with the strange idea proposed by O.H. Green that death may be evil, but not a harm!)
The harm of the death itself is recognized only in the wrongful death action - that is, as a harm to the survivors, not to the decedent himself. Interestingly, this is applied even where the survivors are suing a mental health practitioner for failing to prevent a suicide - the damage is recognized as harming the survivors, not the decedent. It is hard to square tort law's failure to recognize death as a harm to the decedent with the alacrity with which other areas of the law impede suicide.
Apparently Eliezer Yudkowsky thinks death is a harm, though he doesn't explain to whom, because "death events" create "negative utility." Negative utility to survivors? Potential dead people who might fear death? In any case, how can something create negative utility if the people whose utility is to be measured are all dead? Surely there's someone who'd be very happy to be alone in the world, happier than the average person currently alive. (Average utilitarianism suffers from some of the same problems as utilitarianism based on summing utility.)
[Quotation from poster]Unknown:
"Besides (in the usual single world): is Eliezer willing to kill off everyone except the happiest person, therefore raising the average?"
No. Because that creates Death events, which are very large negative utilities.
Sigh. Seriously, though, dude's brilliant and I'd like to know what his essential values are.
Edit: Eliezer points to an explanation of his views on happiness and value in his essay, "Not for the Sake of Happiness (Alone)."