Contractualism and deontic restrictions

Ethics 114 (2):269-300 (2004)
In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports
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DOI 10.1086/379354
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Michelle Kosch (2015). Agency and Self‐Sufficiency in Fichte's Ethics. Philosophy and Phenomenological Research 91 (2):348-380.
Nicholas Southwood (2009). Moral Contractualism. Philosophy Compass 4 (6):926-937.

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