The child born with FAS or FASD is arguably deprived of a right to an open future because of harm suffered as a consequence of maternal behaviours.
Assessment in child welfare involves at least two distinct processes: an assessment of risk (prediction of future harm) and a contextual assessment of child and family functioning used to develop case plans.
These focus upon the impact of CTOs on civil liberties [ 17, 18]; that they are instruments of social control and represent, "a strategy to spend less than the best care would cost" (p.473) [ 19]; and that assessment of risk of future harm to self or others on which CTOs are based is unreliable and based upon weak evidence that they reduce risk [ 20– 20].
And Kant writes explicitly "juridical punishment can never be administered merely as a means for promoting another good, either with regard to the criminal himself or the civil society". That is, deterrence, prevention of future harm, rehabilitation, all of those those are other goods–may well come along in the wake of punishment.
Targeting adolescents admitted with adversity-related injury could reduce their risk of future harm, the rate of readmissions to hospital and healthcare costs.
"In her capacity as a prosecutor, [Nassar's] lack of insight on this subject represents a tremendous threat of future harm to the public and the administration of justice," Roland's ruling reads.
The Confidentiality scenario primarily concerns issues of privacy and trust (Dr Heron has a right to his confidentiality) weighed against the principle of non-maleficence (the possibility of future harm to potential patients).
The Seventh Circuit joined the Ninth Circuit in Dieffenbach Barnes & Noble, Inc., deciding that allegations of data theft combined with a substantial risk of future harm are sufficient to establish Article III standing, even in the absence of allegations that the risk actually materialized.
Nintendo must show "by a preponderance of the evidence that some meaningful likelihood of future harm exists". Id. (emphasis supplied).
This Article considers the possibility of imposing liability in torts for a wrongfully created risk of future harm.
