If You’ll Be My Bodyguard: Agreements to Save and the Duty to Minimize Harm

Abstract

This article explores how agreements to preferentially save can ground an exception to the duty to minimize harm when saving. A rescuer preferentially saves if she knowingly fails to minimize harm among prospective victims, even though minimizing harm would not have imposed greater costs on the rescuer herself. Allowing rescuers to act on agreements to preferentially save is justified by the reasons we have to respect the agreements that agents form as a means of pursuing their own ends.

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