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

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  1. 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.score: 18.0
    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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  2. Nicholas Southwood (2008). A Deliberative Model of Contractualism. Politics, Philosophy and Economics 7 (2):183-208.score: 18.0
    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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  3. David Alm (2008). Contractualism, Reciprocity, Compensation. Journal of Ethics and Social Philosophy 2 (3):1-23.score: 18.0
    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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  4. Nicholas Southwood (2010). Contractualism and the Foundations of Morality. Oxford University Press.score: 18.0
    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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  5. 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.score: 18.0
    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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  6. Jussi Suikkanen (2005). Contractualist Replies to the Redundancy Objections. Theoria 71 (1):38-58.score: 18.0
    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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  7. Barbara H. Fried (2012). Can Contractualism Save Us From Aggregation? Journal of Ethics 16 (1):39-66.score: 18.0
    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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  8. Michael Cholbi (2002). A Contractualist Account of Promising. Southern Journal of Philosophy 40 (4):475-91.score: 18.0
    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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  9. Adam Cureton (2013). A Contractualist Reading of Kant's Proof of the Formula of Humanity. Kantian Review 18 (3):363-386.score: 18.0
    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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  10. Adam Hosein (2013). Contractualism, Politics, and Morality. Acta Analytica 28 (4):495-508.score: 18.0
    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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  11. David Silver (2012). Citizens as Contractualist Stakeholders. Journal of Business Ethics 109 (1):3-13.score: 18.0
    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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  12. Pursey P. M. A. R. Heugens, J. Oosterhout & Muel Kaptein (2006). Foundations and Applications for Contractualist Business Ethics. Journal of Business Ethics 68 (3):211-228.score: 18.0
    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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  13. 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.score: 18.0
    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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  14. Pablo Gilabert (2007). Contractualism and Poverty Relief. Social Theory and Practice 33 (2):277-310.score: 15.0
  15. Jonathan Hughes & Stephen de Wijze (2001). Moral Contractualism Comes of Age. [REVIEW] Res Publica 7 (2):189--196.score: 15.0
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  16. Brad Hooker (2003). Contractualism, Spare Wheel, Aggregation. In Matt Matravers (ed.), Scanlon and Contractualism. Frank Cass. 53-76.score: 15.0
    This essay explores the reasons for thinking that Scanlon's contractualist principle serves merely as a ?spare wheel?, an element that spins along nicely but bears no real weight, because it presupposes too much of what it should be explaning. The ambitions and scope of Scanlon's contractualism are discussed, as is Scanlon's thesis that contracualism will assess candidate moral principles individually rather than as sets. The final third of the paper critizes Scanlon's account of fairness and his approach to cases (...)
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  17. Leif Wenar (2001). Contractualism and Global Economic Justice. Metaphilosophy 32 (1-2):79-94.score: 15.0
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  18. Matthew Lister (2009). Criminal Law Conversations: &Quot;dESERT: EMPIRICAL, NOT METAPHYSICAL" and "CONTRACTUALISM AND THE SHARING OF WRONGS&Quot;. In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.score: 15.0
    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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  19. Óscar L. González-castán (2005). Cognitive Science and Liberal Contractualism: A Good Friendship1. Revista de Filosofía (Madrid) 30 (1):63-75.score: 15.0
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  20. Aleksandar Dobrijevic (2011). Contractualism Vs. Contractarianism. Filozofija I Drustvo 22 (3):27-44.score: 15.0
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  21. Andreas F.��Llesdal (2001). Federal Inequality Among Equals: A Contractualist Defense. Metaphilosophy 32 (1-2):236-255.score: 15.0
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  22. Gideon Rosen (2009). Might Kantian Contractualism Be the Supreme Principle of Morality? Ratio 22 (1):78-97.score: 12.0
    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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  23. Nicholas Southwood (2009). Moral Contractualism. Philosophy Compass 4 (6):926-937.score: 12.0
    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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  24. Alison Hills (2010). Utilitarianism, Contractualism and Demandingness. Philosophical Quarterly 60 (239):225-242.score: 12.0
    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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  25. Samuel Freeman (2007). The Burdens of Public Justification: Constructivism, Contractualism, and Publicity. Politics, Philosophy and Economics 6 (1):5-43.score: 12.0
    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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  26. Stephen L. Darwall (ed.) (2003). Contractarianism, Contractualism. Wiley-Blackwell.score: 12.0
    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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  27. Elizabeth Ashford (2003). The Demandingness of Scanlon's Contractualism. Ethics 113 (2):273-302.score: 12.0
    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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  28. Jonathan Quong (2007). Contractualism, Reciprocity, and Egalitarian Justice. Politics, Philosophy and Economics 6 (1):75-105.score: 12.0
    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 (...)
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  29. David Cummiskey (2008). Dignity, Contractualism and Consequentialism. Utilitas 20 (4):383-408.score: 12.0
    Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions of dignity, on the (...)
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  30. Matt Matravers (ed.) (2003). Scanlon and Contractualism. Frank Cass.score: 12.0
    This collection brings together essays which reflect on the detailed arguments of "What We Owe to Each Other", and which comment critically both on Scanlon's contractualism and his revised understandings of motivation and morality. The essays illustrate the uses of Scanlon's contractualism by applying it to moral and political problems and in so doing they provide an assessment of the ability of Scanlon's contractualism by applying it to other forms of ethical theory. So, the central questions are: (...)
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  31. Gerald Dworkin (2002). Contractualism and the Normativity of Principles. Ethics 112 (3):471-482.score: 12.0
    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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  32. Alan Thomas (2009). Internal Reasons and Contractualist Impartiality. Utilitas 14 (02):135-.score: 12.0
    This paper interprets Bernard Williams's claim that all practical reasons must meet the internal reasons constraint. It is argued that this constraint is independent of any substantive Humean claims about reasons and its rationale is a content scepticism about the capacity of pure reason to supply reasons for action. The final sections attempt a positive reconciliation of the internal reasons account with the motivation for external reasons, namely, securing practical objecitivy in the form of a commitment to impartiality. Impartiality is (...)
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  33. James Lenman (2008). Contractualism and Risk Imposition. Politics, Philosophy and Economics 7 (1):99-122.score: 12.0
    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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  34. Thomas Porter, John Rawls' Actual Contractualism.score: 12.0
    This thesis argues for an unorthodox interpretation of John Rawls's egalitarianism as a hybrid of ‘actual contractualism’ and ‘modal contractualism’. It also offers a defence of the theory so understood. According to actual contractualism, a system of political institutions and norms is just only if each person over whom it claims authority actually accepts it in some sense. Actual contractualists stand in contrast with modal contractualists, who take justice to require that no one could reasonably reject the (...)
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  35. Sophia Reibetanz (1998). Contractualism and Aggregation. Ethics 108 (2):296-311.score: 12.0
    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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  36. Jussi Suikkanen (2011). Intentions, Blame, and Contractualism: A Review of T.M. Scanlon, Moral Dimensions: Permissibility, Meaning, Blame. [REVIEW] Jurisprudence 2 (2):561-573.score: 12.0
    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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  37. Samuel Freeman (1991). Contractualism, Moral Motivation, and Practical Reason. Journal of Philosophy 88 (6):281-303.score: 12.0
    A discussion of T M Scanlon's contractualism as a foundational account of the nature of morality. The article discusses how contractualism provides an account of moral truth and objectivity that is based in an idealization of moral reasoning. It then develops contractualism's account of moral motivation to show how it provides a way to understand obscure but central aspects of Kantian views: the claims that moral reasons are of a special kind, and that moral motives have a (...)
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  38. Nicole Baur (2002). Reversing Rawls: Criteriology, Contractualism and the Primacy of the Practical. Philosophy and Social Criticism 28 (3):251-296.score: 12.0
    In this paper, I offer an immanent critique of John Rawls's theory of justice which seeks to show that Rawls's understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel's observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls's assurances to the contrary. But while Sandel argues for even more (...)
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  39. David Shoemaker (2000). Reductionist Contractualism: Moral Motivation and the Expanding Self. Canadian Journal of Philosophy 30 (3):343-370.score: 12.0
    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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  40. Don Adams (2009). Aquinas and Modern Contractualism. International Journal of Philosophical Studies 17 (4):509 – 530.score: 12.0
    When modern ethical contractualists defend their view against “teleology,” they typically have in mind utilitarian or consequentialist theories according to which valuable states of affairs are to be promoted. But if we look to older teleological theories e.g. that found in the philosophy of St. Thomas Aquinas we will find a kind of teleology that can be incorporated beneficially into contractualist ethics. In this paper I argue that Scanlon would be well served, on grounds to which he appeals, to make (...)
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  41. Matthew Talbert (2006). Contractualism and Our Duties to Nonhuman Animals. Environmental Ethics 28 (2):201-215.score: 12.0
    The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...)
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  42. Hanoch Sheinman (2011). Act and Principle Contractualism. Utilitas 23 (03):288-315.score: 12.0
    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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  43. Jussi Suikkanen (2005). Contractualist Account of Reasons for Being Moral Defended. SATS: Northern European Journal of Philosophy 6 (2):93-113.score: 12.0
    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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  44. M. Millar (2012). Constraining the Use of Antibiotics: Applying Scanlon's Contractualism. Journal of Medical Ethics 38 (8):465-469.score: 12.0
    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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  45. Jeffrey Brand‐Ballard (2004). Contractualism and Deontic Restrictions. Ethics 114 (2):269-300.score: 12.0
    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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  46. Sanford Levy (2013). A Contractualist Defense of Rule Consequentialism. Journal of Philosophical Research 38:189-201.score: 12.0
    In this paper, I provide a defense of rule consequentialism that does not appeal to the “guiding teleological idea” according to which the final ground of moral assessment must lie in effects on well-being. My defense also avoids appeals to intuition. It is a contractualist defense. Many forms of contractualism can, with only minor tweaking, be used to defend rule consequentialism. In this paper I show how one specific form of contractualism does the job. This argument is inspired (...)
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  47. Matt Matravers (1996). What's 'Wrong' in Contractualism? Utilitas 8 (03):329-.score: 12.0
    Brian Barry's Justice as Impartiality is an important book. One of its contributions to the discipline is a characteristically clear presentation of what follows if one accepts a commitment to equality, and the reasonableness of continuing and profound disagreements about the nature of the good life (the reasonableness of pluralism). I take the argument of Justice as Impartiality to be an important next step in the attempt to give an account of the content of justice which is impartial, fair, or (...)
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  48. Jonathan Wolff (2003). Contractualism and the Virtues. In Matt Matravers (ed.), Scanlon and Contractualism. Frank Cass. 120-132.score: 12.0
    One can no longer truly say that virtue theory is the neglected tradition in moral philosophy. I won’t say much about the reasons for its revival, although the reasons for its temporary , though long, decline interest me. Now there are very many things that could be said here. For example, it is often thought that virtue theory requires some sort of teleology, but with the decline of Aristotelian physics and its replacement with the mechanical philosophy of the seventeenth century, (...)
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  49. 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.score: 12.0
    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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  50. Norman S. Care (1969). Contractualism and Moral Criticism. Review of Metaphysics 23 (1):85 - 101.score: 12.0
    The article is a critical discussion of "contractualism" in moral and political philosophy as developed by john rawls and applied by w. G. Runciman. It attempts to clarify the sense in which contractualism is a moral theory and to assess its powers as a normative account of moral criticism. It argues that the structure of contractualism suggests an attractive way of formulating rival moral theories but not a way of arguing for any moral theory, That this reduces (...)
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