This paper provides a defense of the following thesis: When there is reasonable disagreement over the design of morally necessary collective action schemes, it would not be reasonable to reject the authority of a democratic decision procedure to settle these disputes. My first argument is a straightforward application of contractualist reasoning, and mirrors T. M. Scanlon's defense of a principle of fairness for the distribution of benefits produced by a cooperative scheme. My second argument develops and defends the intuition (...) that treating others morally requires respecting their exercise of moral judgment, or a sense of justice. I conclude by addressing the problem of disagreement over the design of the democratic decision procedure itself, and rebutting Jeremy Waldron's claim that democratic authority is incompatible with judicial review. (shrink)

This paper discusses one of the advantages of applying formal methods in ethics. First, an approach from democratic morality—which is a special case of contractualist ethics that brings together theories of legal and moral philosophy—will be adopted, in order to argue for the non-trivial thesis that moral norms are increasingly democratically motivated. To accept this thesis also as a desired way of justifying ethical principles raises some issues, such as the problem of providing adequate principles for moral opinion pooling. (...) Secondly, it is therefore shown how formal criteria of rationality provide at least a partial solution to such problems. In a broad context this results can be seen as formal preliminaries to contractualist ethics. (shrink)

This article examines the way that for-profit businesses should take into account the interests of the citizens in the liberal democratic societies in which they operate. I will show how a contractualist version of stakeholder theory identifies the relevant moral interests of both shareholders and citizen stakeholders, and provides a method for giving their interests appropriate consideration. These include (1) the interests that individuals have with respect to private property, (2) the interests citizens have in receiving equitable consideration in (...) the political process, and (3) citizens' interests which give them the collective right to determine the legal and economic structure of their societies. Using this contractualist analysis, I argue that corporations should consciously take into account the interests of citizen stakeholders when there is no other social mechanism for protecting their interests as citizens. (shrink)

This article explores some aspects of what has been termed ‘new contractualism’ in social policy, using the Norwegian policy on poverty and social exclusion as an empirical example. An important purpose is to identify how the move to new contractualism implies new modes of controlling behaviour and to explore the ethical legitimacy of this approach. Firstly, contractualism is seen in relation to some dominating discourses in Norwegian and European social policy over the last 20–30 years, emphasizing the (...) importance of economic considerations concerning the financial sustainability of the welfare state. Secondly, the article explores some implications of contractual modes of thought for balancing rights and duties in the welfare state, concluding that the principle of a welfare contract is a euphemism for a polity that basically imposes more obligations on the recipients of welfare services. Thirdly, it elaborates on the tension field between the possible democratic benefits of contractualism and more paternalistic consequences. Although relational contracts may enhance client-influenced service provision, paternal outcomes are likely, owing to the fact that such contracts are often used as instruments for behaviour-changing efforts (e.g. to create an economically active citizen). (shrink)

Democratic politicians face pressures unknown to the prerogative rulers of the early modern period when toleration was first formulated as a political ideal. These pressures are less often expressed as demands by groups or individuals for the permission of practices they dislike than for their restraint or outright prohibition; tolerant dispositions are less politically clamorous. The executive structure of toleration as a virtue, together with the ‘fact of reasonable pluralism’, make conflicts over toleration peculiarly intractable. Political conflicts are apt (...) to take the form of mutual allegations ofintolerance; indeed, the problem of ‘tolerating the intolerant’, far from being a marginal case, is central to the theory and practice of toleration. Toleration thus exemplifies a category mistake committed in much contemporary political theory, particularly in its contractualist versions: the threshold of the political lies precisely where rational agreement proves impossible. The main prospects for democratic toleration are thus pre-emptive. The main way in which this can happen is by cultivating executive dispositions: in other words, encouraging people to detach themselves from strong evaluative commitments, so that toleration does not become politically contentious to start with. But this involves losses as well as gains. The gains in civil harmony and peace are obvious. The cost for tolerant political actors is alienation from what they have good reason to value. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree (...) among themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

Do citizens of any modern state have a general duty to acknowledge its authority to determine for them, for action guiding purposes, whether certain kinds of conduct are morally permissible, required, or forbidden? That is, is there a duty to obey the law? Moral Contractualism, I contend, entails that citizens of a liberal democratic state have such a duty. ;Treating others morally often requires agents to act collectively, but even agents who accept the moral necessity of collective action (...) will sometimes disagree over the specification of the ends to be achieved, and the means for doing so. I argue that a liberal democratic state can justifiably claim the authority to resolve such disagreements, which it does mainly by enacting and applying laws. Obedience to democratic laws expresses respect for others' autonomy. ;In defending these claims, particular attention is paid to the problem posed by disagreement over the design of democratic decision procedures, conflicts between democratically enacted laws and individual rights, and conflicts of rights. Civil disobedience, conscientious objection, and over-inclusive laws are also addressed. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political (...) activities of businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

Issues of methodology are central to the philosophy of moral progress. However, the idea that effective moral methodology, as well as being instrumental to progress, might also constitute progress has not been adequately explored. This paper will critically assess the merits of this idea – what I call ‘pure proceduralism about moral progress’ – taking Philip Kitcher's recent theory of ‘democratic contractualism’ (2021) as a test case. An epistemology of pure procedural moral progress will be sketched: namely, a (...) naturalised epistemology of paradigmatic instances of moral progress. Assuming an ideal procedure exists and has been at least approximately instantiated (an empirical claim), we learn about its form by studying paradigms of historical moral progress. From this epistemological method will be derived theoretical constraints on what can count as a theory of moral progress per se: it must capture the core semantic constraints on the term ‘moral progress,’ those features without which we would not recognise a change as moral progress. While this poses a tougher challenge for pure proceduralism than for more traditional approaches to moral methodology, it will be concluded that the potential of pure proceduralism as a viable metaethics of moral progress remains an exciting open question. (shrink)

Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters (...) of fact that no reflection on democracy can underevaluate. They are the major issues through which to look at the intersection of law, politics and morals. The inclusion of dissent is a powerful tool for moral recognition of different understandings of justice. That is where legal procedures become crucial. Law is a fundamental element in the building of a democracy. But it is also particularly exposed to disagreement. Language indeterminacy, dogmatic concepts and value pluralism constitute the main elements that lead to alternative and conflicting interpretations of law in a democratic framework. Major legal progress in the past has come from different understandings of the same legal materials. In this article I argue that respect for disagreement should be a moral principle in democracy and that the role of legal disagreement is essential to understand the evolution and the future directions of democracy as the government of a political community. To do so, a link between respect for disagreement and legal interpretation and argumentation must be established in order to make room for reason and avoid extreme skepticism on the contribution of law to the enforcement of democracy. (shrink)

This paper focuses on the question: Do persisting disagreements in constitutional interpretation affect the legitimacy of “the democratic system as a whole”? According to both Michelman and Waldron, the epistemic indeterminacy of interpretation—that is, the fact that principles do not possess stable meanings beyond, and independent of, their application to concrete cases—puts its finger on a point of the contractualist and prevailing political theory. But, if neither the legitimacy of any democratic order nor the standard of internal criticism (...) can be founded on a broad background consensus on constitutional essentials, “what else makes a deliberative process of legislation and adjudication a generator of legitimacy so that citizens are induced to accept controversial results as ‘worthy of respect’?” The route pursued goes beyond all views that require legitimacy to be based on sharing a set of “thick” ethical beliefs. In this perspective, the author argues that the performative meaning of constitution‐making “provides a thin yet sufficiently strong base,” which corresponds to the minimal requirements inherent in the very practice of framing a constitution. (shrink)

Nicole Hassoun’s Globalization and Global Justice: Shrinking Distance,Expanding Obligations offers a novel argument for the existence ofpositive rights for the world’s poor, and explores institutional alternativessuitable for the realization of those rights. Hassoun’s argument is contractualist, and makes the existence of positive rights dependupon the conditions necessary for meaningful consent to the global order. Itthus provides an interesting example of social contract theory in the globalcontext. But Hassoun’s argument relies crucially upon the ambiguous natureof the concept of consent. Drawing broadly (...) upon the social contract theorytradition, Hassoun relies upon actual consent theory, democratic theory, andhypothetical consent theory. Each theoretical approach makes use of its ownconception of consent. Rather than select one of these conceptions overthe others, she makes use of all three. In doing so, she introduces a crucialambiguity into the terms that, on her account, a legitimate global order mustsatisfy. The resolution of this ambiguity will circumscribe any effort, on thepart of Hassoun or others, to specify the terms of any global social contract. (shrink)

The idea that society is a cooperative venture has been used by contractualists, contractarians, and deliberative democrats to justify the burdens of society to each member. In such a cooperative venture, those who benefit from society owe a contribution and those who contribute are owed benefits. Even though this idea is quite intuitive, there are deep disagreements about what makes society cooperative. Some focus on acts of production, others on fair interaction, and still others on the intention to contribute to (...) shared projects. In this article, I show where this kind of disagreement causes problems in current debates, and I defend one conception of social cooperation as uniquely best. Specifically, I argue that the relevant acts that make society a cooperative venture are acts of institutional rule-following. Society is a cooperative venture because people cooperate with one another by following the rules of our basic institutions. (shrink)

RESUMO Neste artigo, são rejeitadas duas teses relativamente aceitas a respeito do projeto filosófico tardio desenvolvido por John Rawls. A primeira tese afirma que o objetivo de obras como "O Liberalismo Político" e "Justiça como Equidade: Uma Reformulação" seria o de revisar a natureza do argumento contratualista de Rawls. A segunda, por sua vez, afirma que a principal consequência dessa revisão teria sido certo recuo das implicações igualitárias de sua teoria da justiça original. Procurar-se-á rejeitar ambas as proposições mostrando que (...) "O Liberalismo Político" deve ser entendido como uma teoria acerca do uso legítimo do poder em uma sociedade democrática, e que essa teoria da legitimidade possui consequências distributivas próprias, incompatíveis com teorias liberais convencionais. ABSTRACT The article aims to reject two interrelated theses on the philosophical project carried forward by the late John Rawls. The first thesis states that there is an important change in Rawls' late works such as "Political Liberalism" and "Justice as Fairness: A Restatement" regarding the nature of his theory. Particularly, this change would had brought about a reassessment of Rawls' contractualist argument. The second thesis claims that one of the most important consequences of such reassessment is the retreat from strong egalitarian commitments, as they were present in Rawls' original theory of justice. The article rejects both theses, showing that Political Liberalism can be understood as a theory about the legitimate uses of power in a democratic society and that such new theory of legitimacy brings about distributive consequences by its own that sharply contrast with classical liberal theories. (shrink)

In this paper I argue that Barry, given the commitments that underlie his own theory of justice as impartiality, should be far more receptive to claims for cultural accommodation. Recognizing certain cultural rights claims will help balance against the ways that policies adopted by democratic majorities fail to treat members of minority cultural groups impartially. While I frame the paper in terms of an immanent criticism of this well-known opponent to multiculturalism, my analysis places demands on a whole section (...) of contractualist political theory. It has implications for any theory of justice that, like Barry’s justice as impartiality (or Rawls’ justice as fairness), is rooted in an account of what citizens could reasonably accept or reject. As such, it offers a contractualist approach to cultural difference that is better able to address the assertions of Iris Marion Young and others that political liberalism is another form of oppression. (shrink)

How are the demands of morality related to the needs, interests, and projects of people? Are they a burden, or are they good for us? Are they nothing but arbitrary impositions, or should we expect them to be justified? And will the answers to these questions tell us why and whether we should be moral? In this short, accessible text, William Nelson poses these questions in a form appropriate for beginning students and treats them in a way that both they (...) and their teachers will appreciate. In the company of major figures from the history of ethics, Nelson explores the key issues surrounding topics like egoism, altruism, the good life, and the requirements of morality. A special strength of his presentation is the way he demonstrates how the views of these historical figures prefigure the theories espoused by different schools of contemporary thought. Students get not only the historical positions in terms of which contemporary debates are framed but also up-to-date discussions of utilitarianism, contractualism, problems of collective action, and the relations between virtue and duty-based theories. Nelson's own view that morality is not a single subject matter enables him to show how each of the historical traditions has a role to play in a coherent and defensible pluralistic account of morality. At the core of this pluralism is a commitment to the democratic view that morality must not merely serve practical human purposes, but it must also be justified to the people it governs. Imaginative and insightful, intelligent and informed, this is an excellent first text for students of ethics and the history of ethics. (shrink)

The idea that society is a cooperative venture has been used by contractualists, contractarians, and deliberative democrats to justify the burdens of society to each member. In such a coop- erative venture, those who benefit from society owe a contribution and those that contribute are owed benefits. Even though this idea is quite intuitive, there are deep disagreements about what makes society cooperative. Some focus on acts of production, others on fair interaction, and still others on the intention to contribute (...) to shared projects. In this article, I show where this kind of disagreement causes problem in current debates, and I defend one conception of social cooperation as uniquely best. Specifically, I argue that the relevant acts that make soci- ety a cooperative venture are acts of institutional rule-following. Society is a cooperative ven- ture because people cooperate with one another by following the rules of our basic institu- tions. (shrink)

Snježana Prijić-Samaržija’s book discusses the epistemic grounding of democracy, stressing the epistemic role of experts in her political-epistemological favorite, the project of “reliability democracy”. Her proposal, inspired by Christiano, lets citizens play an important role in setting the aims, whereas experts deliberate about means of reaching them. I argue that it is not easy to reach consensus about goals and values. What is needed is democratic deliberation in deciding, encompassing both experts and laypersons. We should retain the duality of (...) less ideal deliberation in real world and of hypothetical contractualist deliberation, within moral-political thought-experiments, in the tradition of Habermas and Scanlon in the ideal theory. I leave it open whether our author might ultimately agree with this picture of reliability democracy. (shrink)

The paper discusses the role of anthropological arguments in contemporary ethics as exemplified in the current debate about biotechnological human enhancement interventions. Anthropological arguments refer to a normative conception of what it means to be a human being and are highly contested in contemporary moral philosophy. Most often they are promoted to constrain the ethically acceptable use of enhancement technologies. I argue that anthropological arguments can play a fundamental and important role in assessing the moral qualities of enhancement interventions, but (...) only if their normative justification and their specific content are properly determined. I offer an account how to do so, based on the contractualist and pragmatist ideal that all those who are affected by a decision of normative relevance should be included in what I call a “quasi-democratic deliberative process”. However, given that they stand in need of wide agreement, anthropological arguments resulting from such a process will be be rather minimal in content. In the exemplary debate about human enhancements they hence turn out to be widely – though not fully – permissive and unable to justify a restrictive stance towards enhancement interventions. (shrink)

Universalism in philosophy, argue Penny Enslin and Mary Tjiattas, tends to be regarded as an affront to particular affiliations, an act of injustice by misrecognition. While agreeing with criticisms of some expressions of universalism, they take the view that anti-universalism has become an orthodoxy that deflects attention from pressing issues of global injustice in education. In different ways, recent reformulations of universalism accommodate particularity and claims for recognition. Defending a qualified universalism, they argue, through a discussion of the Education for (...) All campaign, that the present focus on recognition should be widened to address redistribution and representation as elements of global justice in education.In her response to Enslin and Tjiattas, Sharon Todd expresses sympathy for their aspiration towards a ‘qualified universalism’, but she seeks to go beyond the dichotomy of universalism versus anti-universalism by way of a discussion of aspects of the work of Judith Butler. Butler’s emphasis on cultural translation offers a way, it is claimed, to think about the universal that transcends the oppositional relation between culture and commitment to universals. In the light of this she advocates an approach that involves neither universalism nor anti-universalism but ‘critique of universality’. Thus, the task of translation, on Butler’s account, prevents universality from being a standard or home-base from which we can judge the world and turns it instead into an ongoing struggle for intelligibility.In their rejoinder, Enslin and Tjiattas reject any charge that their own account has fallen into a simple dichotomisation of universalism and anti-universalism, and reaffirm their commitment to a form of universalism in which (a) partial or contextual considerations count in ethical deliberations, and (b) values and principles are subject to reflexive renegotiation in democratic deliberations, which provides the means of their justification and the source of their legitimacy. This yields, they claim, a non-standard form of contractualism that is both culturally sensitive and open-ended. They suggest in conclusion that the debate between themselves and Todd raises questions about whether the analytical and continental traditions can concede one another’s place in the philosophy of education. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to (...) deliver a straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...) (in the sense of undesired) harm to others—noncriminal activities that impose some risk of harm on others—they would rule out all action. Moreover, because such conduct poses an irreducible conflict between freedom of action and freedom from expected harm, it can be regulated only by principles that accept the necessity of making precisely the sorts of interpersonal trade-offs that contractualism is foundationally committed to reject: trade-offs in which the numbers count, such that a risk of serious harm to one person can be justified by small benefits to the many. (shrink)

How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism provides the best model (...) of justifiability to each. (shrink)

The article investigates the resources of contractualist moral theory to make sense of the ethics of risk imposition. In some ways, contractualism seems well placed to explain how it can be reasonable to accept exposure to risk of harms whose direct imposition would not be acceptable. However, there are difficulties getting clear about what directness comes to here, especially given the difficulty of adequately motivating traditional views that assign ethical significance to what the agent intends as opposed to merely (...) foreseeing. The article considers two principles which might help the contractualist: the Redistribution Principle, which, while attractive, is perhaps somewhat too restrictive, and the Aim Consistency Principle, which grants ethical significance to the aims with which our actions are in principle consistent whatever our actual intentions may be. The article also considers the relative significance of ex ante and ex post perspectives from which to evaluate actions and principles. Key Words: contractualism • Doctrine of Double Effect • ethics • intention • justice • risk • T.M. Scanlon • utilitarianism. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, (...) it becomes clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

_ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key (...) figures such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

ABSTRACT: So far in this book, we have examined algorithmic decision systems from three autonomy-based perspectives: in terms of what we owe autonomous agents (chapters 3 and 4), in terms of the conditions required for people to act autonomously (chapters 5 and 6), and in terms of the responsibilities of agents (chapter 7). -/- In this chapter we turn to the ways in which autonomy underwrites democratic governance. Political authority, which is to say the ability of a government to (...) exercise power, may be justifiable or not. Whether it is justified and how it can come to be justified is a question of political legitimacy. Political legitimacy is another way in which autonomy and responsibility are linked. This relationship is the basis of the current chapter, and it is important in understanding the moral salience of algorithmic systems. We will draw the connection as follows. We begin, in section 8.1, by describing two uses of technology: crime predicting technology used to drive policing practices and social media technology used to influence elections (including by Cambridge Analytica and by the Internet Research Agency). In section 8.2 we consider several views of legitimacy and argue for a hybrid version of normative legitimacy based on one recently offered by Fabienne Peter. In section 8.3 we will explain that the connection between political legitimacy and autonomy is that legitimacy is grounded in legitimating processes, which are in turn based on autonomy. Algorithmic systems—among them PredPol and the Cambridge Analytica-Facebook-Internet Research Agency amalgam—can hinder that legitimation process and conflict with democratic legitimacy, as we argue in section 8.4. We will conclude by returning to several cases that serve as through-lines to the book: Loomis, Wagner, and Houston Schools. -/- The link below is to an open-access copy of the chapter. (shrink)

Contractualist moral theories are often criticized on the grounds that they have counterintuitive implications for moral status. In this paper I attempt to provide a comprehensive answer to the question: What forms of contractualism face this problem, and how serious is the problem? To do this I develop a classification of different kinds of contractualist theory, based on philosophical motivation.

Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.

Directed duties are those duties whose violation would wrong someone in particular. Under what conditions, and in virtue of what, is a duty directed to someone? This is the Question of Direction. In this article, I explore the possibility of providing a Contractualist answer to the Question of Direction—one where the directedness of a directed duty is explained by the way in which that duty is derived in Contractualist moral reasoning. After presenting and rejecting three attempts at such an answer, (...) I arrive at a satisfactory one: An agent has a duty to an individual to perform some action just in case and because, were the agent not to perform that action, the agent would make the individual occupy the standpoint relative to which any principle that permits the agent not to perform that action is unacceptable. (shrink)

This paper argues that T.M. Scanlon’s contractualism can provide a solution to the non-identity problem. It first argues that there is no reason not to include future people in the realm of those to whom we owe justification, but that merely possible people are not included. It then goes on to argue that a person could reasonably reject a principle that left them with a barely worth living life even though that principle caused them to exist, and that current (...) people could not justify creating people with barely worth living lives on the grounds that it caused those people to exist. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An (...) act is permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

This paper explores the moral and legal status of the right to strike from a contractualist perspective, broadly construed. I argue that rather than attempting to ground the right to strike in the principle of association, as is commonly done in the ongoing legal debate, it ought to be understood as the assertion of a second-order moral right to self-determination within economic life. The controversy surrounding the right to strike thus reflects and depends upon a more basic question of the (...) legitimate scope of reason giving. I conclude that the right to strike, understood as an assertion of a right to self-determination, enjoys presumptive or pro tanto legitimacy apart from the merits or demerits of particular strike demands. (shrink)

Proposes a new model of contractualism based on an interpersonal, deliberative conception of practical reason which answers the twin demands of moral accuracy and explanatory adequacy.

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...) of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning. (shrink)

Age rationing is a central issue in the health care priority‐setting literature, but it has become ever more salient in the light of the Covid‐19 outbreak, where health authorities in several countries have given higher priority to younger over older patients. But how is age rationing different under outbreak circumstances than under normal circumstances, and what does this difference imply for ethical theories? This is the topic of this paper. The paper argues that outbreaks such as that of Covid‐19 involve (...) special circumstances that change how age should influence our prioritization decisions, and that while this shift in circumstances poses a problem for consequentialist views such as utilitarianism and age‐weighted consequentialism, contractualism is better equipped to cope with it. The paper then offers a contractualist prudential account of age rationing under outbreak circumstances. (shrink)

Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than (...) aggregative cost-benefit decision-making. Focusing on T.M. Scanlon's version, this paper develops this basic choice of interpretation and recommends the ex ante version. The paper explains how contractualism is inconsistent with John Harsanyibad aggregationgood aggregation” that is both unavoidable and fully appropriate in public life. (shrink)