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- Jonathan Hughes & Stephen de Wijze (2001). Moral Contractualism Comes of Age. [REVIEW] Res Publica 7 (2):189--196.
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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.
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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.
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.
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.
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.
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.
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..
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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.
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.
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