When modern ethical contractualists defend their view against “teleology,” they typically have in mind utilitarian or consequentialist theories according to which valuable states of affairs are to be promoted. But if we look to older teleological theories e.g. that found in the philosophy of St. Thomas Aquinas we will find a kind of teleology that can be incorporated beneficially into contractualist ethics. In this paper I argue that Scanlon would be well served, on grounds to which he appeals, to make (...) a teleological modification to his theory of what we owe to each other. Drawing not only on Aristotle and Aquinas, but also on the thought and life of Martin Luther King, I argue that Scanlon's contractualism can and should be modified to incorporate the ancient and medieval teleological emphasis on personal fruition and legitimate self-assertion. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

(Forthcoming in Social Theory and Practice, 2002) Richard J. Arneson A notable achievement of T.M. <span class='Hi'>Scanlon</span>'s What We Owe to Each Other1 is its sustained critique of welfarist consequentialism.2 Consequentialism is the doctrine that one morally ought always to do an act, of the alternatives, that brings about a state of affairs that is no less good than any other one could bring about. Welfarism is the view that what makes a state of affairs better or worse is some (...) increasing function of the welfare for persons realized in it. I shall argue that <span class='Hi'>Scanlon</span>’s critique, though containing much of interest, fails on its own terms. (shrink)

Australasian Journal of Philosophy, Volume 90, Issue 4, Page 815-818, December 2012.

T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the (...) "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism. (shrink)

Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.

John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, two of which (...) are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

This article examines the extent to which Brian Barry?s contractarian political theory ? justice as impartiality ? is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...) non-vital, human set of beliefs included within a conception of the good. As a result, those concerned about the well-being of animals need either to go beyond contractarianism, and look for alternative theories of justice that are more amenable to the inclusion of animals, or to examine the degree to which direct duties can be owed to animals within a moral realm independently of justice. (shrink)

The distinguished philosopher David Gauthier examines Rousseau's evolving notion of freedom, particularly in his later works, where he focuses on a single quest: Can freedom and the independent self be regained? Rousseau's first answer is given in Emile, where he seeks to create a self-sufficient individual, neither materially nor psychologically enslaved to others. His second answer comes in the Social Contract, where he seeks to create a citizen who identifies totally with his community, so that he experiences his dependence on (...) it only as a dependence on himself. Implicitly recognizing the failure of these solutions, his third answer is one of the main themes of the Confessions and Reveries, where he creates himself as the man made for a kind of love that merges with another's into a self-sufficient unity. (shrink)

In these three Tanner lectures, distinguished ethical theorist Allan Gibbard explores the nature of normative thought and the bases of ethics. In the first lecture he explores the role of intuitions in moral thinking and offers a way of thinking about the intuitive method of moral inquiry that both places this activity within the natural world and makes sense of it as an indispensable part of our lives as planners. In the second and third lectures he takes up the kind (...) of substantive ethical inquiry he has described in the first lecture, asking how we might live together on terms that none of us could reasonably reject. Since working at cross purposes loses fruits that might stem from cooperation, he argues, any consistent ethos that meets this test would be, in a crucial way, utilitarian. It would reconcile our individual aims to establish, in Kant's phrase, a "kingdom of ends." The volume also contains an introduction by Barry Stroud, the volume editor, critiques by Michael Bratman (Stanford University), John Broome (Oxford University), and F. M. Kamm (Harvard University), and Gibbard's responses. (shrink)

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)

One familiar criticism of utilitarianism is that it is too demanding. It requires us to promote the happiness of others, even at the expense of our own projects, our integrity, or the welfare of our friends and family. Recently Ashford has defended utilitarianism, arguing that it provides compelling reasons for demanding duties to help the needy, and that other moral theories, notably contractualism, are committed to comparably stringent duties. In response, I argue that utilitarianism is even more demanding than is (...) commonly realized: both act- and rule-utilitarianism are committed to extremely stringent duties to wild animals. In this regard, utilitarianism is more demanding (and more counter-intuitive) than contractualism. (shrink)

This essay explores the reasons for thinking that Scanlon's contractualist principle serves merely as a ?spare wheel?, an element that spins along nicely but bears no real weight, because it presupposes too much of what it should be explaning. The ambitions and scope of Scanlon's contractualism are discussed, as is Scanlon's thesis that contracualism will assess candidate moral principles individually rather than as sets. The final third of the paper critizes Scanlon's account of fairness and his approach to cases where (...) agents can save either one person or many people. (shrink)

This paper discusses the "numbers problem," the problem of explaining why you should save more people rather than fewer when forced to choose. Existing non-consequentialist approaches to the problem appeal to fairness to explain why. I argue that this is a mistake and that we can give a more satisfying answer by appealing to requirements of charity or beneficence.

An increasingly popular moral argument has it that the story of human evolution shows that we can explain the human disposition to make moral judgments without relying on a realm of moral facts. Such facts can thus be dispensed with. But this argument is a threat to moral realism only if there is no realist position that can explain, in the context of human evolution, the relationship between our particular moral sense and a realm of moral facts. I sketch a (...) plausible evolutionary story that illuminates this relationship. First, the sorts of adaptive pressures facing early humans would have produced more than just potent prosocial emotions, as evolutionary antirealists like to claim; it would have produced judgments?often situated within emotions?to the effect that others could reasonably disapprove of some bit of conduct, for an early human who cared deeply about how others might respond to her action enjoyed the benefits of more cooperative exchanges than those early humans who did not. Second, according to objectivist versions of moral constructivism, moral facts just are facts about how others, ideally situated, would respond to one's conduct. Thus if any objectivist moral constructivism story is true, then we can intelligibly assert that a) our capacity for moral judgment is the product of adaptive pressures acting on early humans and b) some moral judgments are objectively true. (shrink)

Jimmy expresses sympathy for Scanlon’s contractualism but wonders whether it might be better developed in the context of a Humean expressivism. Jimmy presses this point, in part, by observing that much of what Scanlon wants to say about moral and normative discourse, such as their logical discipline and apparent truth-aptitude, can be accommodated by the expressivist. If all that Scanlon wants to say about moral and normative discourse can be accommodated by the expressivist then what content can be given to (...) his denial of expressivism, to his commitment to a cognitive understanding of moral judgment and judgments of reasons? The appearance of a genuine dispute between Scanlon and the expressivist can seem to slip quietly out of view. In this reply I will focus in detail on one strand of Scanlon’s thought that raises difficulties for the expressivist model that Jimmy favors. The point is to emphasize that there is indeed a genuine dispute between Scanlon and the expressivist and to suggest, tentatively, that Scanlon’s contractualism might require its present cognitive development. (shrink)

What We Owe to Each Other, by Thomas <span class='Hi'>Scanlon</span>. Cambridge, Mass.: Harvard University Press, 1999. Pp. 432. H/b £27.50, $39.95; P/b £13.95, $19.95.

Abstract: Rawls? arguments in defence of his claim to derive principles of morality and justice from his hypothetical? original position? are critically examined and found to be unconvincing. In particular, it is pointed out that a theory of justice cannot be at one and the same time (a) descriptive?explanatory and therefore tested against people's actual judgments in particular cases, and (b) prescriptive?justificatory and therefore providing rationally derived principles against which people's actual judgments are tested for correctness. Rawls? attempt to conflate (...) these two types of theory is necessarily doomed. (shrink)

This article argues that the decision problem in the original position should be characterized as a decision problem under uncertainty even when it is assumed that the denizens of the original position know that they have an equal chance of ending up in any given individual’s place. It supports this claim by arguing that (a) the continuity axiom of decision theory does not hold between all of the outcomes the denizens of the original position face and that (b) neither us (...) nor the denizens of the original position can know the exact point at which discontinuity sets in, because the language we employ in comparing different outcomes is ineradicably vague. It is also argued that the account underlying (b) can help proponents of superiority in value theory defend their view against arguments offered by Norcross and Griffin. (shrink)

G. A. Cohen has recently argued for a thesis about the relationship between facts and principles. He claims that Rawls denies this thesis, and the truth of this thesis vitiates Rawls’s constructivist procedure. I argue against both claims by developing an account of Rawls’s justificatory strategy and the role of facts in this strategy, which I claim is similar to the role of facts in some defences of utilitarianism.

The article investigates the resources of contractualist moral theory to make sense of the ethics of risk imposition. In some ways, contractualism seems well placed to explain how it can be reasonable to accept exposure to risk of harms whose direct imposition would not be acceptable. However, there are difficulties getting clear about what directness comes to here, especially given the difficulty of adequately motivating traditional views that assign ethical significance to what the agent intends as opposed to merely foreseeing. (...) The article considers two principles which might help the contractualist: the Redistribution Principle , which, while attractive, is perhaps somewhat too restrictive, and the Aim Consistency Principle , which grants ethical significance to the aims with which our actions are in principle consistent whatever our actual intentions may be. The article also considers the relative significance of ex ante and ex post perspectives from which to evaluate actions and principles. Key Words: contractualism • Doctrine of Double Effect • ethics • intention • justice • risk • T.M. <span class='Hi'>Scanlon</span> • utilitarianism. (shrink)

Scanlon’s book aims to offer us a moral theory of right and wrong and of our obligations to one another. The theory is called contractualism and its central claim is that an act is right or wrong if and only if it could or could not be justified to others on grounds that they could not reasonably reject (p. 4). Scanlon recognizes that so stated, his contractualism might seem empty in the sense that one might think that the aim of (...) offering grounds that others could not reasonably reject is an aim to which all plausible moral theories would aspire (p. 4). For example, as Scanlon himself acknowledges, utilitarians, who hold the view that an act is right only if it would produce the greatest happiness, presumably would believe that their view is one that no reasonable person could possibly reject (p. 189). However, Scanlon believes that his contractualism is in fact substantive. According to Scanlon, his contractualism holds the process of justifying to others to be ‘basic’ (p. 5). In other words, Scanlon believes that simply by thinking about what could be justified to others on grounds that they could not reasonably reject, we can ‘determine the shape of more specific moral notions such as murder or betrayal (p. 5).’ As Scanlon explains, even though utilitarians may also accept that an act is right if and only if it can be justified to others, what makes an action right for utilitarians is that the action has the best consequences; ‘justifiability is merely a consequence of this’ (p. 189); whereas for Scanlon’s contractualism, justifiability is what makes an action right or wrong. The aim of Scanlon’s book is to elaborate and explicate this account of contractualism. (shrink)

The physical dimensions of a book are sometimes a misleading guide to its philosophical importance.1 T. M. Scanlon's Moral Dimensions is one such book. Although it is modest in size and refreshingly brief, it manages to include serious proposals for how to rethink each of three different issues at the heart of ethical thought, namely the nature blame, the grounds of permissibility, and the moral relevance of facts about intention.

This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such reasonably disallowed (...) actions. I argue that Scanlon’s invocation of the value of human life can be seen as an attempted grounding for this principle that is akin to standard natural rights attempts to ground fundamental rights. Lastly, I argue that the invocation of the value of human life does not in fact well support the sort of requirement of justifiability to others that characterizes this contractualist variant on natural rights theorizing; if anything, it better supports the sort of ascriptions of rights characteristic of traditional natural rights theorizing. Key Words: contractualism • natural rights • justifiability to others • wrongfulness. (shrink)

Scanlon's account of reasons is essential to his contractualism as a whole, providing an extensive foundation in practical reasoning for his theory. A full understanding of his account of reasons is therefore vital to understanding the nature of Scanlon's contractualism. With the aim of contributing to such an understanding, in this essay I reconstruct several of Scanlon's most significant arguments concerning reasons. I focus on two areas: his discussion of the role of desire in practical reasoning and his arguments for (...) the claim that reason judgements should be seen as objective. I conclude that the weakness of one his claims regarding desire may cause substantial problems for his arguments in both of the areas examined. (shrink)

Brian Barry's Justice as Impartiality is a highly enjoyable and rewarding book. It throws new light on some familiar theories of justice, and shows how the idea that principles of justice are those principles which no one could reasonably reject can yield prescriptions for constitutional design. But I shall argue that Barry's defence of his theory is less robust than he thinks, and more generally that there is reason to suppose that principles of justice are as contestable as conceptions of (...) the good. (shrink)

In this essay I agrue that contemporary Anglo-American liberal egalitarianism has at its heart a tension: the goal is to find principles of justice that are fair in respecting the distinction between choice and chance and that do not invoke controversial metaphysical arguments. This is a tension because distinguishing between choice and chance itself requires invoking controversial metaphysical arguments. I proceed by offering, and then examining, the thought that Scanlon's distinction between ?attributive? and ?substantive? responsibility offers a route out of (...) the tension described above. The greater part of the essay is taken up with examining Scanlon's account of responsibility and the distinction between substantive and attributive responsibility. My conclusion is that Scanlon does not offer a compelling account of substantive compatibilism; that his theory does not, therefore, release the liberal egalitarian from the tension; but that this does not show that the direction indicated by Scanlon's theory is the wrong one. (shrink)

This collection brings together essays which reflect on the detailed arguments of "What We Owe to Each Other", and which comment critically both on Scanlon's contractualism and his revised understandings of motivation and morality. The essays illustrate the uses of Scanlon's contractualism by applying it to moral and political problems and in so doing they provide an assessment of the ability of Scanlon's contractualism by applying it to other forms of ethical theory. So, the central questions are: "What is the (...) best interpretation of the theory advanced in "'What We Owe to Each Other?'"; "How does the theory, so interpreted, stand up to criticism?"; and "How does contractualism handle certain difficult problems in politics and ethics?". To answer these questions, the collection includes the work of distinguished political philosophers. The resulting volume will make an important and original contribution to the literature on Scanlon, on contractualism and on contemporary political philosophy. (shrink)

Brian Barry's Justice as Impartiality is an important book. One of its contributions to the discipline is a characteristically clear presentation of what follows if one accepts a commitment to equality, and the reasonableness of continuing and profound disagreements about the nature of the good life (the reasonableness of pluralism). I take the argument of Justice as Impartiality to be an important next step in the attempt to give an account of the content of justice which is impartial, fair, or (...) neutral between conceptions of the good, and engaging with it has the great advantage that many of the criticisms that can be made of Barry apply to other liberal contractualist theories of social justice. It is faintly ironic that it is one of Barry's great virtues, his clarity, that makes it easier to see the problems inherent in the attempt to complete the impartialist project. I have not attempted below to offer a systematic summary and critique of Barry's book or any particular section of it. Instead I have opted to try to engage with the ideas that drive it at a more fundamental level. (shrink)

Scanlon suggests a buck-passing account of goodness. To say that something is good is not to give a reason to, say, favour it; rather it is to say that there are such reasons. When it comes to wrongness, however, Scanlon rejects a buck-passing account: to say that j ing is wrong is, on his view, to give a sufficient moral reason not to j. Philip Stratton-Lake 2003 argues that Scanlon can evade a redundancy objection against his (Scanlon’s) view of wrongness (...) by adopting a buck-passing account of wrongness. We argue that this manoeuvre does not succeed. Scanlon’s notion of wrongness rests on the idea of a reasonably rejectable principle. As Stratton-Lake points out, Scanlon offers two accounts, one in terms of permission, the other in terms of proscription. The permission account is tricky to formulate. Scanlon’s account (quoted in Stratton-Lake 2003: 71) might suggest any of the following four formulations (where the principles in question are principles ‘governing how one may act’ (Scanlon.. (shrink)

In What We Owe to Each Other, T.M. Scanlon says that any acceptable moral teory must answer what he calls the priority question: the question of why moral value should takes priority over other values, such as the values of love and friendship. In this essay I discuss Scanlon's answer to the priority question and contrast it with the answer offered by Christine Korsgaard in Sources of Normativity. I argue that each account contains important insights but that neither is completely (...) satisfactory. However, by combining elements of the two accounts we can arrive at a richer understanding of the relationship between morality and other values, and a better explanation of the priority of the moral. (shrink)

I construct a new theory of unreasonable action, one that is analogous to commonsensical judgments of unreasonable emotion, and I then argue that a theory of wrongness qua unreasonable action does a better job of accounting for several important aspects of wrongness than Scanlon's theory of wrongness qua reasonable rejection among hypothetical social contractors.

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

In "What We Owe to Each Other", T. M. <span class='Hi'>Scanlon</span> argues that one should save the greater number when faced with the choice between saving one life and two or more different lives. It is, <span class='Hi'>Scanlon</span> claims, a virtue of this argument (which is traceable to Frances Kamm) that it does not appeal to the claims of groups of individuals but only to the claims of individuals. I demonstrate that this argument for saving the greater number, indeed, depends, (...) contrary to what <span class='Hi'>Scanlon</span> says, upon an appeal to the claim of a group of individuals to be saved. (shrink)

sonable, in this sense, if we ignore, or give too little weight to, some other people's well-being or moral claims.' Some critics have suggested that, because Scanlon appeals to this sense of 'reasonable', his formula is empty. On this objection, whenever we believe that some act is wrong, we shall believe that people have moral claims not to be treated in this way. We could therefore argue that such acts are disallowed by some principle which no one could reasonably reject, (...) since anyone who rejected this principle would be giving too little weight to people's moral claims not to be treated in this way. Since everyone could claim that the principles which they accept could not be reasonably rejected, Scanlon's Formula would make no difference to our moral thinking. That is not so. If we reject the principles that disallow certain acts, we are denying that such acts are wrong. This denial would be unreasonable if it would give too little weight to some other people's moral claims. So Scanlon's Formula implies that.. (shrink)

Martha Nussbaum has powerfully argued in Frontiers ofJustice and elsewhere that John Rawls’s sort of social-contract theory cannot usefully be deployed to deal with issues pertaining to justice for the disabled. To counter this claim, this article deploys Rawls’s sort of social-contract theory in order to deal with issues pertaining to justice for the disabled—or, since, as Nussbaum stresses, we all have some degree of disability—for the severely disabled. In this way, rather than questioning one by one Nussbaum’s interpretive claims (...) about Rawls’s view, one can simply see how the Rawlsian framework can work in application to this issue. Following Rawls’s lead, the paper utilizes the idealized “initial choice situation” as an analytic and comparative device for examining alternative principles of justice, developing three different interpretations of the initial choice situation that each correspond to a different set of principles that apply to people of all levels of disability. One of these sets of principles is a simple extension of Rawls’s, one is very close to what Nussbaum herself recommends, and the third is a kind of hybrid. In this way, it is shown not only that Rawls’s social-contract device can usefully be applied to these issues, but also that it is helpful for exploring the deep commitments underlying each of these competing sets of principles. (shrink)

According to one formulation of <span class='Hi'>Scanlon</span>’s contractualist principle, certain acts are wrong if they are permitted by principles that are reasonably rejectable because they permit such acts. According to the redundancy objection, if a principle is reasonably rejectable because it permits actions which have feature F, such actions are wrong simply in virtue of having F and not because their having F makes principles permitting them reasonably rejectable. Consequently <span class='Hi'>Scanlon</span>’s contractualist principle adds nothing to the reasons we have (...) not to act wrongly and is redundant. In ‘<span class='Hi'>Scanlon</span>’s contractualism and the redundancy objection’ I argued that the redundancy objection is based upon the false assumption that <span class='Hi'>Scanlon</span> regards his contractualist principle as a ground of moral wrongness – that is, as telling us what makes certain acts wrong. I pointed out that he does not regard his principle in this way, but regards it as telling us what moral wrongness is. So the redundancy objection is based on a mistake. Nonetheless, <span class='Hi'>Scanlon</span> is still vulnerable to a version of this objection because he regards the moral wrongness of j ing as a reason not to j. Given that he identifies the fact that j ing is wrong with the fact that j ing is permitted by a reasonably rejectable principle, he is committed to the view that his contractualist principle gives us a reason not to j. His critics can thus still insist that the only reason we have not to do such acts is provided.. (shrink)

According to Parfit, the best version of Kantian ethics takes as its central principle Kantian Contractualism: the thesis that everyone ought to follow the principles whose universal acceptance everyone could rationally will. This paper examines that thesis, identifies a class of annoying counterexamples, and suggests that when Kantian Contractualism is modified in response to these examples, the resulting principle is too complex and ad hoc to serve as the 'supreme principle of morality'.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

According to a popular contemporary contractualist account of moral motivation, the most plausible explanation for why those who are concerned with morality take moral reasons seriously — why these reasons strike those who are moved by them with a particular inescapability — is that they stem from, and are grounded by, a desire to be able to justify one’s actions to others on grounds they could not reasonably reject.1 My.

Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. This book argues otherwise. It begins by detailing and diagnosing the shortcomings of the main existing models of contractualism, “Hobbesian” contractualism (or contractarianism) and “Kantian” contractualism. It then proposes a novel, "deliberative" model, based on an interpersonal, deliberative conception of practical reason. It argues that the deliberative model (...) of contractualism represents an attractive alternative to its more familiar rivals and that it has the resources to offer a more compelling account of morality’s foundations, one that can do justice to the twin demands of moral accuracy and explanatory adequacy. (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been properly developed in two ways: by appeal to the idea of an instrumentally rational bargain or contract between self-interested individuals (Hobbesian contractualism) and by appeal to the idea of a substantively reasonable agreement among individuals who regard one another as free and equal persons warranting equal moral respect (Kantian contractualism). Both of these existing models of contractualism are susceptible to apparently devastating objections. In this article, I outline a third, (...) `deliberative' model of contractualism, which is based on the idea of a deliberatively rational agreement and which, I argue, represents a significant improvement on the Hobbesian and Kantian models in certain important respects. Key Words: contractualism • contractarianism • deliberation • deliberative rationality • Scanlon • Gauthier. (shrink)

In "On What We Owe to Each Other," five leading moral philosophers assess various aspects of Scanlon's moral theory as laid out in this seminal work.

According to one formulation of Scanlon’s contractualist principle, certain acts are wrong if they are permitted by principles that are reasonably rejectable because they permit such acts. According to the redundancy objection, if a principle is reasonably rejectable because it permits actions which have feature F, such actions are wrong simply in virtue of having F and not because their having F makes principles permitting them reasonably rejectable. Consequently Scanlon’s contractualist principle adds nothing to the reasons we have not to (...) act wrongly and is redundant. (shrink)

Ebbhinghaus, H., J. Flum, and W. Thomas. 1984. Mathematical Logic. New York, NY: Springer-Verlag. Forster, T. Typescript. The significance of Yablo’s paradox without self-reference. Available from http://www.dpmms.cam.ac.uk. Gold, M. 1965. Limiting recursion. Journal of Symbolic Logic 30: 28–47. Karp, C. 1964. Languages with Expressions of Infinite Length. Amsterdam.

This paper is a short review of T.M. Scanlon's book What We Owe to Each Other. The book itself is already a philosophical classic. It defence a contractualist ethical theory but also has many interesting things to say about reasons, value, well-being, promises, relativism, and so on.

This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons not (...) to do the acts that are forbidden by those principles. In this paper, I try to argue that neither one of these claims is true. (shrink)

Despite the increasing amount of literature on the legal and political questions triggered by a commitment to liberty of conscience, an explanation of the normative significance of conscience remains elusive. We argue that the few attempts to address this fail to capture the reasons people have to respect the consciences of others. We offer an alternative account that utilizes the resources of the contractualist tradition in moral philosophy to explain why conscience matters.

The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...) be wronged in the narrow sense of a moral wrong with which contractualism is concerned. Can we owe things to nonhuman animals? Scanlon is sensitive to the importance of this question, but he ultimately favors an account in which the perspectives of nonhuman animals are not explicitly included in contractualist theorizing. Nevertheless, it appears that contractualism, largely as Scanlon conceives it, can accommodate duties to nonhuman animals. Moreover, if contractualism cannot make this accommodation, then its status as a theory that answers to important common-sense moral intuitions becomes questionable in ways that extend beyond its failure to live up to intuitions many share about the status of nonhuman animals. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

This paper interprets Bernard Williams's claim that all practical reasons must meet the internal reasons constraint. It is argued that this constraint is independent of any substantive Humean claims about reasons and its rationale is a content scepticism about the capacity of pure reason to supply reasons for action. The final sections attempt a positive reconciliation of the internal reasons account with the motivation for external reasons, namely, securing practical objecitivy in the form of a commitment to impartiality. Impartiality is (...) given a contractualist interpretation in the limited sense that socialised agents have a central disposition to hold those reasons that are defensible to reasonable interlocutors, but this is not a substantive constraint on their content. Such a commitment plays a structural role in motivation illustrated by the analogy of the internalisation of a relativised a priori principle. Theorists of moral motivation such as Nagel and Scheffler have uncovered the importance of such structural motivations, but they are best treated as an architectonic feature of a socialised agent's motivational set, not as a principle or motive akin to other principles or motives within that set. This gives us critical leverage on the motivational sets of individuals that goes beyond launching "optimistic internal reasons" statements at them, but it does not violate Williams's constraints on the idea of a practical reason in general. (shrink)

David Gauthier's book represents the culmination of his work over the last twenty years on the theory of rational choice and on contractarian moral theory. It is the most important book on contractarianisni since Rawls‘ A Theory of Justice' and is mandatory reading for anyone specializing in contemporary moral theory. Gauthier does two distinct, although closely related, things in his book: (l) he defends a theory of rational choice, and (2) he defends a contractarian theory of morality. The two are (...) related, since on his view moral principles are rational and impartial constraints on the pursuit of self—interest. (shrink)