Jon Elster reports that in 1940, and again in 1970, the U.S. draft lottery was challenged for falling short of the legally mandated ‘random selection’. On both occasions, the physical mixing of the lots appeared to be incomplete, since the birth dates were clustered in a way that would have been extremely unlikely if the lots were fully mixed. There appears to have been no suspicion on either occasion that the deficiency in the mixing was intended, known, or believed to (...) favor or disfavor any identifiable group. If the selection was non-random in the way charged, Elster asks, was it unfair? (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)

In "What We Owe to Each Other", T. M. Scanlon 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, Scanlon claims, a virtue of this argument 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 Scanlon says, upon an appeal (...) to the claim of a group of individuals to be saved. (shrink)

John Taurek famously argued that, in ‘conflict cases’, where we are confronted with a smaller and a larger group of individuals, and can choose which group to save from harm, we should toss a coin, rather than saving the larger group. This is primarily because coin-tossing is fairer: it ensures that each individual, regardless of the group to which he or she belongs, has an equal chance of being saved. This article provides a new response to Taurek’s argument. It proposes (...) that there are two possible types of unfairness that have to be avoided in conflict cases, as far as possible: ‘selection unfairness’, which is the unfairness of not giving individuals an equal chance of being saved; and ‘outcome unfairness’, which is the unfairness of not actually saving them, when others are saved. Since saving the greater number generates less outcome unfa-irness than coin-tossing, it is argued that, in many conflict cases, fairness demands that we save the greater number. (shrink)

I begin by reconsidering the arguments of John Taurek and Elizabeth Anscombe on whether the number of people we can help counts morally. I then consider arguments that numbers should count given by F. M. Kamm and Thomas Scanlon, and criticism of them by Michael Otsuka. I examine how different conceptions of the moral method known as pairwise comparison are at work in these different arguments and what the ideas of balancing and tie-breaking signify for decision-making in various types of (...) cases. I conclude by considering how another moral method that I call virtual divisibility functions and what it helps reveal about an argument by Otsuka against those who do not think numbers count. (shrink)

Faced with a choice between saving one stranger and saving a group of strangers, some people endorse weighted lotteries, which give a strictly greater chance of being saved to the group of strangers than the single stranger. In this paper I attempt to criticize this view. I first consider a particular version of the weighted lotteries, Frances Kamm's procedure of proportional chances, and point out two implausible implications of her proposal. Then, I consider weighted lotteries in general, and claim (1) (...) that the correct thing to distribute is not the chance of being saved but the good of being saved, (2) that assigning some chance to the single stranger is not the only way to give a positive (and equal) respect to the people concerned, and (3) that the weighted lottery appears to be deceptive since it would show the respect to the single stranger in a negligible way. (shrink)

This article considers the reach of arguments for saving the greater number without interpersonal aggregation, and argues that interpersonal aggregation is useful to encompass the proper respect due to each separate person. I first give a precise definition of interpersonal aggregation, which many non-utilitarians try to avoid. Then, I show that consequentialism and Scanlon can justify the case for the greater number without interpersonal aggregation. However, I propose the Aggregation Approach, which justifies the case for the greater number in some (...) cases and the case for tossing a fair coin in other cases. I conclude that interpersonal aggregation does not disrespect the separate person. (shrink)

This article considers the reach of arguments for saving the greater number without interpersonal aggregation, and argues that interpersonal aggregation is useful to encompass the proper respect due to each separate person. I first give a precise definition of interpersonal aggregation, which many non-utilitarians try to avoid. Then, I show that consequentialism and Scanlon can justify the case for the greater number without interpersonal aggregation. However, I propose the Aggregation Approach, which justifies the case for the greater number in some (...) cases and the case for tossing a fair coin in other cases. I conclude that interpersonal aggregation does not disrespect the separate person. (shrink)

This study uses techniques from economics to illuminate fundamental questions in ethics, particularly in the foundations of utilitarianism. Topics considered include the nature of teleological ethics, the foundations of decision theory, the value of equality and the moral significance of a person's continuing identity through time.

Imagine there are three boats equidistant from one another. You are alone in the first boat. The other two boats are sinking fast: one boat has one person (A), the other has two persons (B&C). There is only enough time to allow saving either A or B&C before their boats sink, drowning whoever is onboard. Will we always combine claims of those wishing to be saved and rescue B&C? Otsuka says that the 'Kamm-Scanlon' contractualist framework that does not aggregating various (...) claims for rescue combines claims in this example. Otsuka has been criticized by Hirose and Kumar. Here I offer a defense. (shrink)