Search results for 'contractualism' (try it on Scholar)

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  1.  61
    Nicholas Southwood (2010). Contractualism and the Foundations of Morality. Oxford University Press.
    Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. This book argues otherwise. It begins by detailing and diagnosing the shortcomings of the main existing models of contractualism, “Hobbesian” contractualism (or contractarianism) and “Kantian” contractualism. It then proposes a novel, "deliberative" model, based on an interpersonal, deliberative conception of practical reason. It argues (...)
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  2.  71
    Barbara H. Fried (2012). Can Contractualism Save Us From Aggregation? Journal of Ethics 16 (1):39-66.
    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 (...)
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  3.  74
    Adam Cureton (2013). A Contractualist Reading of Kant's Proof of the Formula of Humanity. Kantian Review 18 (3):363-386.
    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 (...)
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  4.  8
    David Silver (2012). Citizens as Contractualist Stakeholders. Journal of Business Ethics 109 (1):3-13.
    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 (...)
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  5.  2
    Pursey P. M. A. R. Heugens, J. van Oosterhout & Muel Kaptein (2006). Foundations and Applications for Contractualist Business Ethics. Journal of Business Ethics 68 (3):211-228.
    Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or (...)
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  6.  28
    Hon-Lam Li (2015). Contractualism and Punishment. Criminal Justice Ethics 34 (2):177-209.
    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 (...)
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  7. Pamela Hieronymi (2011). Of Metaethics and Motivation: The Appeal of Contractualism. In R. Jay Wallace, Rahul Kumar & Samuel Richard Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon. Oxford University Press
    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 (...)
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  8.  9
    Elizabeth Finneron-Burns (forthcoming). Contractualism and the Non-Identity Problem. Ethical Theory and Moral Practice:1-13.
    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 (...)
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  9.  8
    David A. Borman (forthcoming). Contractualism and the Right to Strike. Res Publica:1-18.
    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 (...)
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  10.  2
    Mattias Gunnemyr (forthcoming). Sufficient Reasons to Act Wrongly: Making Parfit’s Kantian Contractualist Formula Consistent with Reasons. Philosophia:1-20.
    In On What Matters Derek Parfit advocates the Kantian Contractualist Formula as one of three supreme moral principles. In important cases, this formula entails that it is wrong for an agent to act in a way that would be partially best. In contrast, Parfit’s wide value-based objective view of reasons entails that the agent often have sufficient reasons to perform such acts. It seems then that agents might have sufficient reasons to act wrongly. In this paper I will argue that (...)
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  11. Nicholas Southwood (2008). A Deliberative Model of Contractualism. Politics, Philosophy and Economics 7 (2):183-208.
    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, (...)
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  12.  20
    Jussi Suikkanen (2014). Contractualism and the Conditional Fallacy. Oxford Studies in Normative Ethics 4:113-137.
    Most contractualist ethical theories have a subjunctivist structure. This means that they attempt to make sense of right and wrong in terms of a set of principles which would be accepted in some idealized, non-actual circumstances. This makes these views vulnerable to the so-called conditional fallacy objection. The moral principles that are appropriate for the idealized circumstances fail to give a correct account of what is right and wrong in the ordinary situations. This chapter uses two versions of contractualism (...)
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  13. Jussi Suikkanen (2005). Contractualist Replies to the Redundancy Objections. Theoria 71 (1):38-58.
    This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons (...)
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  14.  21
    Jussi Suikkanen (2014). Contractualism and Climate Change. In Marcello Di Paola & Gianfranco Pellegrino (eds.), Canned Heat: Ethics and Politics of Climate Change. Routledge 115-128.
    Climate change is ‘a complex problem raising issues across and between a large number of disciplines, including physical and life sciences, political science, economics, and psychology, to name just a few’ (Gardiner 2006: 397). It is also a moral problem. Therefore, in this chapter, I will consider what kind of a contribution an ethical theory called ‘contractualism’ can make to the climate change debates. This chapter first introduces contractualism. It then describes a simple climate change scenario. The third (...)
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  15.  8
    Michael Gibb (2014). Relational Contractualism and Future Persons. Brill.
    _ Source: _Page Count 26 A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable to Derek Parfit’s non-identity problem. (...)
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  16.  88
    David Alm (2008). Contractualism, Reciprocity, Compensation. Journal of Ethics and Social Philosophy 2 (3):1-23.
    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 (...)
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  17.  47
    Douglas Paletta (2013). How to Overcome Strawson's Point: Defending a Value-Oriented Foundation for Contractualism. [REVIEW] Ethical Theory and Moral Practice 16 (1):9-20.
    In The Second Person Standpoint, Darwall charges that all value-oriented foundations for ethics make a category mistake. Calling it Strawson’s point, he argues these foundations explain moral authority, which concerns whether someone has standing to hold another accountable, in terms of a value, which essentially concerns what makes the world go best. However, whether it would be good for me to blame you simply asks a different question than whether I have standing to blame you. I defend a valueoriented foundation (...)
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  18.  18
    Peter Timmerman (2015). Contractualism and the Significance of Perspective-Taking. Ethical Theory and Moral Practice 18 (5):909-925.
    Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that (...)
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  19.  20
    David W. Shoemaker (2008). Reductionist Contractualism. Canadian Journal of Philosophy 30 (3):343-370.
    This paper attempts to show how a reductionist approach to the metaphysics of personal identity might well be most compatible with a form of contractualism, not utilitarianism.
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  20.  49
    Michael Cholbi (2002). A Contractualist Account of Promising. Southern Journal of Philosophy 40 (4):475-91.
    T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of (...)
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  21.  2
    Michael Gibb (2016). Relational Contractualism and Future Persons. Journal of Moral Philosophy 13 (2):135-160.
    _ Source: _Volume 13, Issue 2, pp 135 - 160 A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable (...)
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  22.  16
    Adam Hosein (2013). Contractualism, Politics, and Morality. Acta Analytica 28 (4):495-508.
    Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...)
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  23. Pablo Gilabert (2007). Contractualism and Poverty Relief. Social Theory and Practice 33 (2):277-310.
  24.  19
    Leif Wenar (2001). Contractualism and Global Economic Justice. Metaphilosophy 32 (1-2):79-94.
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  25.  60
    Jonathan Hughes & Stephen de Wijze (2001). Moral Contractualism Comes of Age. [REVIEW] Res Publica 7 (2):189--196.
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  26.  24
    Aleksandar Dobrijevic (2011). Contractualism Vs. Contractarianism. Filozofija I Društvo 22 (3):27-44.
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  27.  1
    Andreas F.Øllesdal (2001). Federal Inequality Among Equals: A Contractualist Defense. Metaphilosophy 32 (1&2):236-255.
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  28.  7
    Matthew Lister (2009). Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs". In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  29.  4
    Óscar L. González-castán (2005). Cognitive Science and Liberal Contractualism: A Good Friendship1. Revista de Filosofía (Madrid) 30 (1):63-75.
  30. Elizabeth Ashford (2003). The Demandingness of Scanlon's Contractualism. Ethics 113 (2):273-302.
    One of the reasons why Kantian contractualism has been seen as an appealing alternative to utilitarianism is that it seems to be able to avoid utilitarianism's extreme demandingness, while retaining a fully impartial moral point of view. I argue that in the current state of the world, contractualist obligations to help those in need are not significantly less demanding than utilitarian obligations. I also argue that while a plausible version of utilitarianism would be considerably less demanding if the state (...)
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  31. Brad Hooker (2014). Must Kantian Contractualism and Rule-Consequentialism Converge? Oxford Studies in Normative Ethics 4:34-52.
    Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...)
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  32.  20
    M. Millar (2012). Constraining the Use of Antibiotics: Applying Scanlon's Contractualism. Journal of Medical Ethics 38 (8):465-469.
    Decisions to use antibiotics require that patient interests are balanced against the public good, that is, control of antibiotic resistance. Patients carry the risks of suboptimal antibiotic treatment and many physicians are reluctant to impose even small avoidable risks on patients. At the same time, antibiotics are overused and antibiotic-resistant microbes are contributing an increasing burden of adverse patient outcomes. It is the criteria that we can use to reject the use of antibiotics that is the focus of this paper. (...)
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  33. Jussi Suikkanen (2011). Intentions, Blame, and Contractualism: A Review of T.M. Scanlon, Moral Dimensions: Permissibility, Meaning, Blame. [REVIEW] Jurisprudence 2 (2):561-573.
    This is a longer critical notice of T.M. Scanlon's book Moral Dimensions. The main crux of the article is to investigate how Scanlon's claims about the moral significance of intentions and reactive attitudes in this book fit with the earlier contractualist ethical theory which he presented in What We Owe to Each Other.
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  34. Alison Hills (2010). Utilitarianism, Contractualism and Demandingness. Philosophical Quarterly 60 (239):225-242.
    One familiar criticism of utilitarianism is that it is too demanding. It requires us to promote the happiness of others, even at the expense of our own projects, our integrity, or the welfare of our friends and family. Recently Ashford has defended utilitarianism, arguing that it provides compelling reasons for demanding duties to help the needy, and that other moral theories, notably contractualism, are committed to comparably stringent duties. In response, I argue that utilitarianism is even more demanding than (...)
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  35. Gideon Rosen (2009). Might Kantian Contractualism Be the Supreme Principle of Morality? Ratio 22 (1):78-97.
    According to Parfit, the best version of Kantian ethics takes as its central principle Kantian Contractualism: the thesis that everyone ought to follow the principles whose universal acceptance everyone could rationally will. This paper examines that thesis, identifies a class of annoying counterexamples, and suggests that when Kantian Contractualism is modified in response to these examples, the resulting principle is too complex and ad hoc to serve as the 'supreme principle of morality'.
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  36.  55
    James Lenman (2008). Contractualism and Risk Imposition. Politics, Philosophy and Economics 7 (1):99-122.
    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 (...)
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  37. Samuel Freeman (2007). The Burdens of Public Justification: Constructivism, Contractualism, and Publicity. Politics, Philosophy and Economics 6 (1):5-43.
    The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend (...)
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  38.  63
    Sophia Reibetanz (1998). Contractualism and Aggregation. Ethics 108 (2):296-311.
    I argue that T.M. Scanlon's contractualist account of morality has difficulty accommodating our intuitions about the moral relevance of the number of people affected by an action. I first consider the "Complaint Model" of reasonable rejection, which restricts the grounds for an individual's rejection of a principle to its effects upon herself. I argue that it can accommodate our intuitions about numbers only if we assume that, whenever we do not know who will be affected, each individual may appeal only (...)
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  39. Nicholas Southwood (2009). Moral Contractualism. Philosophy Compass 4 (6):926-937.
    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 (...)
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  40.  12
    Pursey P. M. A. R. Heugens, J. van Oosterhout & Muel Kaptein (2006). Foundations and Applications for Contractualist Business Ethics. Journal of Business Ethics 68 (3):211 - 228.
    Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or (...)
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  41.  68
    Jussi Suikkanen (2005). Contractualist Account of Reasons for Being Moral Defended. SATS 6 (2):93-113.
    I will begin this paper by identifying the problem within the theory of ethics, which contractualism as a moral theory is attempting to address. It is not that of solving the problem of moral motivation like the ‘arch-contractualist’, Thomas Scanlon, often claims, but rather that of describing a class of fundamental moral reasons – contractualist reasons for short. In the second section, I will defend the contractualist idea of how the nature of these moral reasons provides us with sufficient, (...)
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  42. Stephen L. Darwall (ed.) (2003). Contractarianism, Contractualism. Wiley-Blackwell.
    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.
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  43. Jonathan Quong (2007). Contractualism, Reciprocity, and Egalitarian Justice. Politics, Philosophy and Economics 6 (1):75-105.
    Can contractualism yield a suitably egalitarian conception of social justice? G.A. Cohen has forcefully argued that it cannot - that one cannot be both a contractualist and an egalitarian. Cohen presents a number of arguments to this effect, the particular target of which is John Rawls’s version of contractualism. In this article, I show that, contra Cohen, the Rawlsian model of contractualism, and the ideal of reciprocity on which it relies, can coherently yield egalitarian principles of distributive (...)
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  44.  14
    Jeffrey Brand‐Ballard (2004). Contractualism and Deontic Restrictions. Ethics 114 (2):269-300.
    In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. (...)
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  45.  7
    David Silver (2015). Business Ethics After Citizens United: A Contractualist Analysis. Journal of Business Ethics 127 (2):385-397.
    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 (...)
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  46.  4
    Glen Melanson (2013). How the Contractualist Account of Preconception Negligence Undermines Prenatal Reproductive Autonomy. Journal of Medicine and Philosophy 38 (4):420-425.
    Suppose a physician advises a woman to delay her planned pregnancy for a few months in order to significantly reduce the likelihood that her baby will suffer with Spina Bifida. If the woman chooses to ignore this advice and conceives soon after, I believe most people would consider it a matter of common sense that the child thus born is a victim of this woman’s negligence, even if it is fortunate enough to not be burdened with Spina Bifida. This common (...)
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  47.  65
    David Shoemaker (2000). Reductionist Contractualism: Moral Motivation and the Expanding Self. Canadian Journal of Philosophy 30 (3):343-370.
    According to a popular contemporary contractualist account of moral motivation, the most plausible explanation for why those who are concerned with morality take moral reasons seriously — why these reasons strike those who are moved by them with a particular inescapability — is that they stem from, and are grounded by, a desire to be able to justify one’s actions to others on grounds they could not reasonably reject.1 My.
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  48.  29
    Hanoch Sheinman (2011). Act and Principle Contractualism. Utilitas 23 (03):288-315.
    Unrejectability is the property shared by things no one could reasonably reject. Following the lead of T. M. Scanlon, modern contractualists hold Principle Contractualism: An act is obligatory when conformity to unrejectable principles requires its performance. This article entertains Act Contractualism: An act is obligatory when its performance is unrejectable. The article hypothesizes that Principle Contractualism owes its initial plausibility to the assumption that following it somehow realizes unrejectability, if only indirectly. The article then argues that, whereas (...)
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  49. Brad Hooker (2003). Scanlon's Contractualism, the Spare Wheel Objection, and Aggregation'. In Matt Matravers (ed.), Scanlon and Contractualism. Frank Cass
     
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  50.  77
    Gerald Dworkin (2002). Contractualism and the Normativity of Principles. Ethics 112 (3):471-482.
    This is a study of the question of whether moral principles, as justified by a contractualist scheme, such as Scanlon's, are binding on persons, i.e., give them reasons to act in accordance with such principles. I argue that for those agents who meet the motivational conditions that Scanlon lays down, i.e., those who seek to reach agreement with others on principles that are not rejectable, such principles are binding. But on those who do not meet the motivational condition the principles (...)
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