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)

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)

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)

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)

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)

T. M. Scanlon's magisterial book What We Owe to Each Other is surely one of the most sophisticated and important works of moral philosophy to have appeared for many years. It raises fundamental questions about all the main aspects of the subject, and I hope and expect that it will have a decisive influence on the shape and direction of moral philosophy in the years to come. In this essay I shall focus on four sets of issues raised by Scanlon's (...) systematic argument, with the aim of clarifying some of Scanlon's central assumptions and presenting alternatives at several key points. The perspective from which I offer these comments is that of a reader who is sympathetic to Scanlon's general approach but not yet convinced on various points of detail. (shrink)