A strictly positive critical level that is low enough such that it would not result in the choice for that counter-intuitive situation, is still posiible.

As a matter of mathematics this appears impossible. For any critical level c that you pick where c>0, there is some level of positive welfare w where c>w>0, with relative utility u, 0>u, u=c-w.

There will then be some quantity of expected negative utility and relative utility people with relative utility between 0 and u that variable CLU would prefer to the existence of you with c and w. You can use gambles (with arbitrarily divisible probabilities) or aggregation across similar people to get arbitrarily close to zero. So either c<=0 or CLU will recommend creation of negative utility and relative utility people to prevent your existence for some positive welfare levels.

but the critical level c is variable, and can depend on the choice set. So suppose the choice set consists of two situations. In the first, I exist and I have a positive welfare (or utility) w>0. In the second case, I don’t exist and there is another person with a negative utility u<0. His relative utility will also be u’<0. For any positive welfare I can pick a critical level c>0, but c<w-u’, such that my relative utility w-c>u’, which means it would be better if I exist. So you turned it around: instead of saying “for any critical level c there is a welfare w...”, we should say: “for any welfare w there is a critical level c...”

As a matter of mathematics this appears impossible. For any critical level c that you pick where c>0, there is some level of positive welfare w where c>w>0, with relative utility u, 0>u, u=c-w.

There will then be some quantity of expected negative utility and relative utility people with relative utility between 0 and u that variable CLU would prefer to the existence of you with c and w. You can use gambles (with arbitrarily divisible probabilities) or aggregation across similar people to get arbitrarily close to zero. So either c<=0 or CLU will recommend creation of negative utility and relative utility people to prevent your existence for some positive welfare levels.

but the critical level c is variable, and can depend on the choice set. So suppose the choice set consists of two situations. In the first, I exist and I have a positive welfare (or utility) w>0. In the second case, I don’t exist and there is another person with a negative utility u<0. His relative utility will also be u’<0. For any positive welfare I can pick a critical level c>0, but c<w-u’, such that my relative utility w-c>u’, which means it would be better if I exist. So you turned it around: instead of saying “for any critical level c there is a welfare w...”, we should say: “for any welfare w there is a critical level c...”