Online research in philosophy

What morality requires of us in a world of poverty and inequality depends both on what our duties are in the abstract, and on what we can do to help. T.M. Scanlon’s contractualism addresses the first question. I suggest that contractualism isolates the moral factors that frame our deliberations about the extent of our obligations in situations of need. To this extent, contractualism clarifies our common-sense understanding of our duties to distant others. The second, empirical question then becomes vital. What we as individuals need to know is how to fulfil our duties to the distant poor. Moral theorists tend to base their prescriptions on simple assumptions about how the rich can help the poor. Yet a survey of the empirical literature shows how urgently we need more information on this topic before we can know what contractualist morality — or any plausible morality — requires of us.

(Uncorrected OCR) Abstract of thesis entitled The Nature of Moral Duties-Scanlon's Contractualist Account of 'what we owe to each other' submitted by Simon C. Y. Kwong for the degree of Master of Philosophy at the University ofHK in August 2003 This thesis aims at examining a contractualist account of our moral duties towards other individuals, which was proposed by Thomas Scanlon in his book Mat We Owe to Each Other (1998). Traditionally, utilitarianism occupies a dominant position in moral and political philosophy, and contractualism as a non-consequentialist stream of theories does not receive much attention before John Rawls' s A Theory of Justice (1971) was published. Even within the family of contract theories, most of the attentions have been devoted to 'justice' but not 'moral duties' .1 Scanlon' s contractualist account of 'what we owe to each other' therefore has two distinctive features: first, it is an account of 'moral duties' towards other individuals but not an account of justice or other evaluative focal points; second, it offers a contractualist but not consequentialist foundation for 'what we owe to each other' . My thesis has a dual purpose: first, to examine the nature of our moral duties under this conception of 'what we owe to each other' ; and second, to argue that contractualism does represent a genuine and appealing rival to utilitarianism and other forms of consequentialism as a foundational theory. The nature of our moral duties to other individuals is examined in terms of its normative content, motivational basis, scope and its implications on moral status, basing 1 Apart from Rawls, David Gauthier, for example, also offers a contractarian theory of justice in his Morals by Agreement (Oxford University Press, 1986) i on a contractualist foundation. Chapter 1 will be a general discussion of social contract theories. Staring with Shelly Kagan' s framework in analyzing normative theories, I will examine the role of contract theories in normative ethics. After a summary of the characteristics of different contract theories, I will examine some of the most pressing critiques of contract theories and try to answer them. Chapter 2 will discuss the normative content of 'what we owe to each other' . Some of the main ideas in Scanlon' s account like 'principles' and 'reasonable rejection' will be explicated to pave the way for further discussions in later Chapters. Chapter 3 will be a direct comparison between contractualism and consequentialism. I will discuss the main divergence between contractualism and consequentialism in first-order moral questions. I will also argue how contractualism, as a non-aggregative and non-teleological theory, serves as a better foundation than consequentialism for our moral duties towards others. Chapter 4 will turn to the question of moral motivation. I will examine why we should respect our moral duties to others in terms of why we should take the considerations of 'what

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.

What morality requires of us in a world of poverty and inequality depends both on what our duties are in the abstract, and on what we can do to help. T.M. Scanlon's contractualism addresses the first question. I suggest that contractualism isolates the moral factors that frame our deliberations about the extent of our obligations in situations of need. To this extent, contractualism clarifies our common-sense understanding of our duties to distant others. The second, empirical question then becomes vital. What we as individuals need to know is how to fulfil our duties to the distant poor. Moral theorists tend to base their prescriptions on simple assumptions about how the rich can help the poor. Yet a survey of the empirical literature shows how urgently we need more information on this topic before we can know what contractualist morality — or any plausible morality — requires of us. Key Words: Scanlon • contractualism • global justice • global poverty • aid effectiveness.

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.

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..

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.

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.

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.

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.