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Inverse View
It is not the case that Causing harm provides a pro tanto reason to regulate an action, but this reason may be outweighed by countervailing reasons not to regulate
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Rights function as side-constraints, not merely as weights in a balancing calculus, so harm-based regulation cannot be outweighed by aggregate welfare gains.
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2.
Treating rights violations as pro tanto reasons converts deontological constraints into consequentialist trade-offs, collapsing the distinction Nozick argues is morally essential.
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Reason for 2 of 2
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1.
The pro tanto framework presupposes a commensurable scale on which harms and regulatory costs can be compared, but incommensurable values resist such aggregation (Raz, 'The Morality of Freedom').
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2.
When competing considerations are genuinely incommensurable, the balancing model yields no determinate answer, making 'outweighing' a rhetorical rather than rational operation.
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Reasons Against
1 perspective
Reason against
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1.
Causing harm is always a non-negligible reason to regulate an action
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2.
A pro tanto reason can be outweighed by stronger countervailing considerations
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3.
If regulation is more harmful than the behavior being regulated, the pro tanto case for regulation is outweighed
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Strongest counterpoint
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