The all-affected principle, by which all those affected by the policies of the state ought to be included in the demos governing it, is often considered prima facie attractive but, upon closer examination, implausible. The main alternative, according to which all those and only those affected by possible consequences of possible decisions ought to be included in the demos, is equally implausible. I suggest a reformulated principle: the demos includes all those affected by foreseeable consequences of decisions that (...) the state has legal authority and capacity to take. This avoids the problems of the standard version and the main alternative. (shrink)

In this article we defend the view that, on the All Affected Principle of voting rights, the weight of a person’s vote on a decision should be determined by and only by the degree to which that dec...

As a solution to the boundary problem, the question of who should take part in making democratic decisions, the all-affected principle has gained widespread support. An unexplored issue in relation to the all-affected principle is whether there is an asymmetry between being affected negatively and positively. Is it the case that only being negatively affected, and not positively affected, by a decision generates a claim to inclusion under the all-affected principle? I call this the question of asymmetry. (...) Some answer the question of asymmetry affirmatively. I believe they are wrong and argue, instead, that we must answer this question by looking at the reasons underlying the all-affected principle. I identify two main reasons that have been proposed to underlie the all-affected principle—(1) the opportunity for interest protection and (2) self-government—and show why both of them entail that answering the question of asymmetry affirmatively is unfounded. The upshot is that both being affected negatively and positively by a decision should generate a claim to inclusion on the all-affected principle. This makes a difference for democratic decision making on contemporary issues such as immigration, climate, and welfare policy. (shrink)

The all-affected principle is a widely accepted solution to the problem of constituting the demos. Despite its popularity, a basic question in relation to the principle has not received much attention: why does the fact that an individual is affected by a certain decision ground a right to inclusion in democratic decision-making about that matter? An answer to this question must include a reason that explains why an affected individual should be included because she is affected. We identify (...) three such reasons in the literature – to wit, interest protection, self-government and welfare – and show why they all fail. We then propose two alternative reasons, equal relations and fairness, and show why they are also deficient. Surprisingly, the all-affected principle then appears groundless, which supports withholding belief in the all-affected principle or(/and) investing future research in identifying the thus-far unidentified reason why being affected grounds a claim to inclusion. (shrink)

In this paper, we argue that the All Affected Principle generates a puzzle when applied to carbon tax referendums. According to recent versions of the All Affected Principle, people should have a say in a democratic decision in positive proportion to how much the decision affects them. Plausibly, one way of being affected by a carbon tax referendum is to bear the economic burden of paying the tax. On this metric of affectedness, then, people who pollute a lot (...) are ceteris paribus more affected than people who don’t, because the former stands to pay more in carbon taxes than the latter. Consequently, people who pollute a lot receive large voting power, while people who pollute a little receive little voting power. This is a puzzling distribution of voting power for several reasons. First, it is instrumentally counterproductive if the goal is to rectify damages to the climate. Second, it introduces prudential incentives for everyone to pollute more to gain voting power. Third, the relative difference in voting power between people who pollute a lot and people who don’t is puzzling from a desert-based point of view, since the former often make a serious effort to avoid polluting, while the latter don’t. (shrink)

Discussions of the all‐affected principle as a solution to the boundary problem – how do we specify the group making democratic decisions? – have focused extensively on future people. We have yet to focus on dead people, however. This article tries to bridge this gap by arguing that the all‐affected principle – i.e. the all actually affected interests principle – entails inclusion of dead people. This is true because dead people can be harmed or legally (...) affected, and this is sufficient for having a claim to democratic inclusion. The last part of the article discusses where this leaves the all‐affected principle in the quest for the proper boundary principle, including a discussion of possible institutional solutions to the enfranchisement of dead people. (shrink)

Philosophy & Public Affairs, Volume 50, Issue 2, Page 169-201, Spring 2022.

The All-Affected Principle has an important status in recent theoretical discussions on democracy. According to the principle, all who are affected by a decision should have a right to participate into making it. The principle is supposed to ground the right or optimal boundaries of democratic decision-making units. This paper is basically a critique of the principle. In the first parts of the paper, the All-Affected Principle is distinguished from some related principles. However, even a (...) more precise version of the principle is still troubled by ambiguities. It is argued that Robert Goodin’s expansive reading is the only coherent one. However, if it is accepted, the principle cannot be used for its original purpose. The last parts focus on some largely unexamined aspects of the principle. First, the principle also works as a means of exclusion, not only of inclusion. Second, if, as the principle says, participation rights are based on interests, it is by no means obvious that these rights should be equal. Third, the principle cannot provide us with a non-institutional starting point. Nevertheless, a much weaker form of the principle may be plausible. (shrink)

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one (...) commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties. (shrink)

The democratic boundary problem raises the question of who has democratic participation rights in a given polity and why. One possible solution to this problem is the all-affected principle, according to which a polity ought to enfranchise all persons whose interests are affected by the polity’s decisions in a morally significant way. While AAP offers a plausible principle of democratic enfranchisement, its supporters have so far not paid sufficient attention to economic participation rights. I argue that if one (...) commits oneself to AAP, one must also commit oneself to the view that political participation rights are not necessarily the only, and not necessarily the best, way to protect morally weighty interests. I also argue that economic participation rights raise important worries about democratic accountability, which is why their exercise must be constrained by a number of moral duties. (shrink)

This is a collection of four papers about the All-Affected Principle (AAP): the view that every person whose morally weighty interests are affected by a democratic decision has the right to participate in that decision. -/- The first paper (“Narrow Possibilism about Democratic Enfranchisement”) examines how we should distribute democratic participation rights: a plausible version of AAP must avoid treating unlike cases alike, which would be procedurally unfair. The solution is to distribute participation rights proportionately to the risk that (...) a person’s interests will be affected. AAP thus implies an account of political equality that requires adherence to the ‘one person—one vote’ model only if interests are indeed equally affected. -/- The second paper (“Economic Participation Rights and the AAP”) argues that AAP supporters have paid insufficient attention to economic participation rights. The exercise of such rights raises unique worries about democratic accountability, which is why their exercise is constrained by a number of duties. -/- The third paper (“What AAP Is, and How (Not) to Fight It”) explores how AAP fares in light of possible objections from desirability and feasibility. Unlike crude versions of AAP, a plausibly restricted version of AAP cannot be dismissed as easily as many AAP sceptics may have thought. My reflections here are useful for AAP supporters and sceptics alike: this paper helps clarify what kind of objection can cast serious doubt on AAP. -/- The fourth paper (“Criminal Disenfranchisement, Political Wrongdoing, and Affected Interests”) asks: is AAP compatible with criminal disenfranchisement? AAP, when endorsed in combination with a plausible theory of punishment, is compatible with disenfranchising a narrow set of criminal wrongdoers only: those guilty of ‘political wrongdoing’, which is wrong primarily because it undermines democratic procedures and institutions for private gain. The upshot is that current blanket policies of criminal disenfranchisement are incompatible with AAP. (shrink)

The paper examines the so-called principle of all-affected interests (PAAI), which holds that political decisions ought to be made in such a manner that all those whose interests are affected by them have appropriate opportunity to participate in them. In conjunction with factual observations regarding global economic interdependence, the PAAI is frequently proposed as the normative premise of arguments for global democracy. The paper argues that these arguments underspecify the supposed wrong of affectedness. It argues that the perceived wrongness (...) of some situations of being affected without an opportunity to participate can be fully captured in terms of inequality rather than exclusion. (shrink)

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal (...) of its intuitive appeal and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

Philosophy journals and conferences have recently seen several attempts to argue that 'all-things-considered better than' does not obey strict transitivity. This paper focuses on Larry Temkin's argument in "Intransitivity and the Mere Addition Paradox." Although his argument is not aimed just at utilitarians or even consequentialists in general, it is of prticular significance to consequentialists. If 'all-things-considered better than' does not obey transitivity, there may be choice situations in which there is no optimal choice, which would seem to open the (...) door to a consequentialist account of moral dilemmas. Temkin's argument crucially appeals to what he calls "the Person-Affecting Principle (PAP)", which he roughly characterizes as follows, "On PAP, one outcome is worse than another only if it affects people for the worse" This paper argues that PAP, although plausible, does not hold in precisely those situations in which it would have to hold in order for Temkin's argument against transitivity to work. (shrink)

This article defends the normative relevance of the representation of non-citizens in democracies. I argue that representation within nation-states constitutes a realistic institutionalisation of the All-Affected Principle, allowing justificatory practices towards non-citizens and establishing political institutions that can realise the ideal of inclusion of all externally affected individuals. I defend electoral, non-electoral and surrogate forms of representation of affected interests that satisfy both the cosmopolitan concern for the equal consideration of interests and the statist defence of the importance of (...) a territorially and civically bounded demos. I assess piecemeal implementations of representation practices, namely reciprocal representation, ombudspersons, self-appointed representatives and deliberative and advocacy groups. Gradual and pluralised means of representation constitute necessary and feasible first steps to consider affected interests and offer an alternative route to an all-or-nothing defence of inclusion as national enfranchisement. (shrink)

Philosophy journals and conferences have recently seen several attempts to argue that ‘all-things-considered better than’ does not obey strict transitivity. This paper focuses on Larry Temkin’s argument in “Intransitivity and the Mere Addition Paradox.” Although his argument is not aimed just at utilitarians or even consequentialists in general, it is of particular significance to consequentialists. If ‘all-things-considered better than’ does not obey transitivity, there may be choice situations in which there is no optimal choice, which would seem to open the (...) door to a consequentialist account of moral dilemmas. Temkin’s argument crucially appeals to what he calls “the Person-Affecting Principle (PAP)”. which he roughly characterizes as follows, “On PAP, one outcome is worse than another only if it affects people for the worse” This paper argues that PAP, although plausible, does not hold in precisely those situations in which it would have to hold in order for Temkin’s argument against transitivity to work. (shrink)

Suppose we discover how we could live for a thousand years, but in a way that made us unable to have children. Everyone chooses to live these long lives. After we all die, human history ends, since there would be no future people. Would that be bad? Would we have acted wrongly? Some pessimists would answer No. These people are saddened by the suffering in most people’s lives, and they believe it would be wrong to inflict such suffering on others (...) by having children. In earlier centuries, this bleak view was fairly plausible. But our successors would be able to prevent most human suffering. Some optimists would also answer No . . . These [views] are, I believe, deeply mistaken. Given what our successors could achieve in the next million or billion years, here and elsewhere in our galaxy, it would be likely to be very much worse if there were no future people. (shrink)

This article argues that all-affected principle needs to be reconceptualized to account for the differences in the historical and current social position of those who are or who should be making legitimacy claims. Drawing on Butler’s theory of vulnerability, this article advances a new and more robust all-affected principle that affords a stronger claim to legitimacy to those most-deeply affected by both the current decision in question and the historical process and practices shaping the choices available. In particular, (...) this article identifies three sets of exclusions of groups and claims that drive this reformulation: first, cases of historical injustice such as indigenous peoples; second, cases of current processes of minoritization which silence or render some groups and opinions as marginal such as women, ethnic minorities or even people in lower economic classes; and third, cases of state establishment of boundaries and ‘worthy’ citizenship such as refugees making claims for relocation and asylum. (shrink)

There are two classic principles for deciding who should have a right to vote on the laws, the All Affected Principle and the All Subjected Principle. This article is devoted, firstly, to providing a sympathetic reconstruction of the All Subjected Principle, identifying the most credible account of what it is to be subject to the law. Secondly, it shows that that best account still suffers some serious difficulties, which might best be resolved by treating the All Subjected (...) Principle as a subset of the All Affected Principle with which the All Subjected Principle must in any case be supplemented. (shrink)

The question of who should be included in democratic decision-making is known as the boundary problem in democratic theory. I identify two requirements that a satisfactory solution to the boundary problem must satisfy, i.e. the Considered Judgment Requirement and the Value Requirement. I argue that the two most prominent solutions to the boundary problem—the all-affected principle and the all-subjected principle—fail to satisfy these requirements. Instead, I propose an equal relations principle and show that it satisfies the requirements. (...) It turns out that relatedness, and not affectedness or subjectedness, is what fundamentally explains who should be included. (shrink)

In his dialogue with Zai Wo about the three-year mourning, Confucius establishes a principle of 'justification by feeling at ease,' and insists that one should transcend natural desires by moral emotions. More significantly, he further regards kinship love as the ultimate root and supreme principle of human life. Thus, this dialogue contains almost all the basic elements of the Confucian spirit of consanguineous affection.

In this article I will analyze the conception of moral responsibility proposed by P.F. Strawson in "Freedom and Resentment". I will argue that this conception is relevant for thinking about some aspects of the current COVID-19 pandemic, in particular, those related to cooperation between individuals and its affective dimension.

ABSTRACTIn this paper, I critique one way of arguing for global democracy on grounds of affected interests and defend another. A famous argument for global democracy, which I call the Demos-Based Argument, attempts to justify global democracy based on the claim that affected interests vindicate individual claims to democratic participation or representation. I analyze and evaluate the Demos-Based Argument and consider different ways of interpreting and justifying its crucial premise: the Principle of Affected Interests. The result is that the (...) argument fails. One lesson of the discussion of the Demos-Based Argument is that the most promising, though eventually unsuccessful, justification of the Principle of Affected Interests is utilitarian. Given the failure of the Demos-Based Argument, the question suggests itself if there is another way to argue for global democracy on utilitarian grounds. I will outline a promising alternative argument for global democracy, which I call the Direct Argument. Like the De... (shrink)

Empowering Affected Interests brings together a group of leading contemporary democratic theorists and philosophers to debate a taken-for-granted principle at the heart of the democratic project but increasingly under strain in a global era: the idea all those affected by a decision should be included in the making of that decision.

Conversational Artificial Intelligence (CAI) systems (also known as AI “chatbots”) are among the most promising examples of the use of technology in mental health care. With already millions of users worldwide, CAI is likely to change the landscape of psychological help. Most researchers agree that existing CAIs are not “digital therapists” and using them is not a substitute for psychotherapy delivered by a human. But if they are not therapists, what are they, and what role can they play in mental (...) health care? To answer these questions, we appeal to two well-established and widely discussed concepts: cognitive and affective artifacts. Cognitive artifacts are artificial devices contributing functionally to the performance of a cognitive task. Affective artifacts are objects which have the capacity to alter subjects’ affective state. We argue that therapeutic CAIs are a kind of cognitive-affective artifacts which contribute to positive therapeutic change by (i) simulating a (quasi-)therapeutic interaction, (ii) supporting the performance of cognitive tasks, and (iii) altering the affective condition of their users. This sheds new light on why virtually all existing mental health CAIs implement principles and techniques of Cognitive Behavioral Therapy — a therapeutic orientation according to which affective change and, ultimately, positive therapeutic change is mediated by cognitive change. Simultaneously, it allows us to conceptualize better the potential and limitations of applying these technologies in therapy. (shrink)

Most analysts agree that democratic theorists have not offered a persuasive answer to the question of how the boundaries of a demos, a democratic people, should legitimately be defined. Some contend that boundaries should be maintained in ways that preserve sufficient sense of common identity to sustain support for redistributive policies. Many others endorse the “principle of all affected interests,” but it has been widely criticized as unrealistically destructive of too many existing community boundaries. This essay argues for an (...) alternative “principle of constituted identities.” It holds that, subject to certain important qualifications, modern constitutional democracies, at least, are morally obligated to extend the option of full membership to all those whose identities have been substantially constituted through such regimes’ coercive policies. Keywords : civic boundaries; principle of affected interests; constitutional democracy; stories of peoplehood; cultural identity (Published online: 25 August, 2008) Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i3.1860. (shrink)

The Emotion Ontology is an ontology covering all aspects of emotional and affective mental functioning. It is being developed following the principles of the OBO Foundry and Ontological Realism. This means that in compiling the ontology, we emphasize the importance of the nature of the entities in reality that the ontology is describing. One of the ways in which realism-based ontologies are being successfully used within biomedical science is in the annotation of scientific research results in publicly available databases. Such (...) annotation enables several objectives, including searching, browsing and cross-database data integration. A key benefit conferred by realismbased ontology is that suitably annotated research results are able to be aggregated and compared in a fashion that is based on the underlying reality that the science is studying. This has the potential of increasing the power of statistical analysis and meta-analysis in data-driven science. This aspect has been fruitfully exploited in the investigation of the functions of genes in molecular biology. Cognitive neuroscience uses functional neuroimaging to investigate the brain correlates of areas of mental functioning such as memory, planning and emotion. The use of functional neuroimaging to study affective phenomena such as the emotions is called ‘affective neuroscience’. BrainMap is the largest curated database of coordinates and metadata for studies in cognitive neuroscience, including affective neuroscience (Laird et al., 2005). BrainMap data is already classified and indexed using a terminology for classification, called the ‘Cognitive Paradigm Ontology’ (CogPO), that has been developed to facilitate searching and browsing. However, CogPO has been developed specifically for the BrainMap database, and the data are thus far not annotated to a realism-based ontology which would allow the discovery of interrelationships between research results across different databases on the basis of what the research is about. In this contribution, we describe ongoing work that aims to annotate affective neuroscience data, starting with the BrainMap database, using the Emotion Ontology. We describe our objectives and technical approach to the annotation, and mention some of the challenges. (shrink)

Do the facts of evolution generate an epistemic challenge to moral realism? Some think so, and many “evolutionary debunking arguments” have been discussed in the recent literature. But they are all murky right where it counts most: exactly which epistemic principle is meant to take us from evolutionary considerations to the skeptical conclusion? Here, I will identify several distinct species of evolutionary debunking argument in the literature, each one of which relies on a distinct epistemic principle. Drawing on (...) recent work in epistemology, I will show that most of these initially plausible principles are false, spoiling the arguments that rely on them. And we will see that each argument threatens only one popular view of moral psychology: a “Representationalist” view on which our moral judgments rely crucially on a mental intermediary—e.g. a sentiment, gut reaction, or affect-laden intuition—delivered by our evolved moral faculty. In the end, only one evolutionary debunking argument remains a menace: an “ Argument from Symmetry ” that I will introduce to the literature. But we will see that it should worry only all naturalists, pressuring them into a trilemma: give up moral realism, accept a rationalism that is incongruous with naturalism, or give up naturalism. Non-naturalists are free and clear. (shrink)

In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice to (...) disenfranchise senior citizens, or at least to grant them a lower voting weight than non-senior citizens. In this paper, we investigate whether there are democratic reasons to do so. To answer this question, we turn to the boundary problem in democratic theory, i.e., the question of who should be included in democratic decision-making. Two prominent solutions, and a more recent one, are particularly relevant: the all-affected principle, the all-subjected principle, and the relational egalitarian principle. When it comes to the all-affected principle and the all-subjected principle, we argue that there is reason to grant most senior citizens a lower voting weight than most non-senior citizens in most decisions. Whether that is the case on the relational egalitarian principle depends on how people relate to each other in society. Indeed, it is sometimes in accordance with the relational egalitarian view to grant senior citizens a greater voting weight than non-senior citizens. (shrink)

This volume presents a collection of refereed papers reflecting the state of the art in the area of over-constrained systems. Besides 11 revised full papers, selected from the 24 submissions to the OCS workshop held in conjunction with the First International Conference on Principles and Practice of Constraint Programming, CP '95, held in Marseilles in September 1995, the book includes three comprehensive background papers of central importance for the workshop papers and the whole field. Also included is an introduction by (...) one of the volume editors together with a bibliography listing 243 entries. All in all this is a very useful reference book relevant for all researchers and practitioners interested in hierarchical, partial, and over-constrained systems. (shrink)

The aim of this paper is to investigate whether or not ethical conflicts can be identified, analysed and solved using ethical principles. The relation between the physician and the patient with ischemic heart disease (IHD) as life style changes are recommended in a secondary prevention program is used as an example. The principal persons affected (the patient and his or her spouse) and the ethical principles (respect for autonomy, non-maleficence, beneficence and justice) are combined in a two dimensional model. The (...) most important person affected by the recommendations is the patient. His or her autonomy is challenged by the suggested life style changes, the purpose of which is to promote the future wellbeing and health of the patient. The spouse is indirectly involved in and affected by the process. He or she often feels neglected by caregivers. Ethical conflicts can both be identified and analysed using ethical principles, but often no solution is implied. Most (if not all) physicians would strongly encourage life style changes, but surprisingly there is no uncontroversial justification for this conclusion using principles. (shrink)

Hume’s remark that “the conviction of religionists, in all ages, is more affected than real” is considered in relation to various monotheistic beliefs against the background of his account of belief more generally. The issue arises as to what Hume means by characterizing the assent associated with religious belief as an operation between disbelief and conviction. According to Hume, the obscurity of the ideas involved in the religious convictions of the “vulgar” prevents them from achieving the force and vivacity characteristic (...) of belief. As for philosophers, their idea of God encounters the problem of evil and the question of whether it is possible for the deity to possess moral virtues. Even the ascription to God of natural attributes takes us beyond what may meaningfully be imagined. Finally, the philosophical idea of God as a principle of order provides a form of theistic belief that is only verbally different from atheism. (shrink)

This article searches for a way of theorizing the interconnectedness of processes of individuation, relationality and affect, with the aim of clearing the ground for an approach that establishes the basis of this interconnectedness by reference to mechanisms common to all living things. It establishes a number of shifts that enable us to think the categories and concepts like the individual, the subject, the group, the threshold, relationality, co-implication and so on according to a fundamental decentring, finally breaking with both (...) subject-centredness and its privilege of the individual as model or starting point; the same epistemological shift implies the rejection of the anthropocentric divide between humans and animals, while avoiding species of sociobiologism, pre-formationism, geneticism and other monocausal paradigms. What the new problematic of life enjoins us to rethink are the standpoint of singularity rather than that of the individual, coupled to the standpoint of relationality as a principle enabling us to think the self—other, human—animal, nature—culture and human—world in terms of compossibility and complex becoming. This view about the co-constitution of all life has major implications regarding responsibility for the other and responsibility for the world, grounded in the standpoint of the temporality and historicity of being as existential condition circumscribing the relation to the other. This shift at the level of ontology is explored via an engagement with the work of Simondon and his conceptual apparatus, particularly ideas of psychic and collective individuation, the pre-and transindividual, the associated milieu; this perspective is re-articulated by way of the work of Merleau-Ponty, Haraway’s notion of ‘companion species’, Ettinger’s concept of the ‘I—other plurality’, and cognate concepts that point to a new terrain for theorizing affect. (shrink)

Participatory design amalgamates the expertise of interdisciplinary specialists with the taskspecific expertise of end-users. Groupware design is widely recognised as benefiting from participative approaches. Recognition of this ideal, however, does not preclude the failure of groupware design due to poor communication and inadequate understanding between participants. We provide a grounding in the problems affecting groupware success, and introduce four design principles that guide all those involved in design around the pitfalls that have been encountered, some repeatedly, by groupware.

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that (...) all it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

There is a contradiction in our ideas about moral responsibility. In one strand of our thinking, we believe that a person can become more blameworthy by luck. Consider some examples in order to make that idea concrete. Two reckless drivers manage their vehicles in the same way, and one but not the other kills a pedestrian. Two corrupt judges would each freely take a bribe if one were offered. By luck of the courthouse draw, only one judge is offered a (...) bribe, and so only one takes a bribe. Luck is the salient difference between the agents in each case. After all, the spatial location of the pedestrian is outside of each driver’s control, and being offered a bribe is outside of each judge’s control. But we blame the killer driver more than the merely reckless driver, and we blame the bribe-taker more than the mere would-be bribe-taker. This is because we believe that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. Nevertheless, the idea that luck affects moral responsibility contradicts another feature of our thinking captured in this moral principle: A person’s blameworthiness cannot be affected by that which is not within her control. This moral principle yields the verdict that the drivers are equally blameworthy and that the judges are equally blameworthy. So, to put the contradiction in concrete terms, our thinking about moral responsibility implies that the drivers are and are not equally blameworthy, and the same is true for the judges. -/- I argue that only the first strand of our thinking is correct. Certain kinds of luck in results, circumstances, and character can partially determine a person’s praiseworthiness and blameworthiness. In terms of the examples, I argue that the killer driver and the bribe-taker are more blameworthy than each of their counterparts. But if I am to make genuine progress in the moral luck debate, my arguments cannot appeal to case intuitions such as ‘the killer driver is more blameworthy,’ because the problem of moral luck is fundamentally a clash of intuitions. So, I offer arguments from diverse areas in philosophy in order to ensure that they do not bottom out in standard pro-moral luck intuitions. (shrink)