Moral Contractualism

Altruism has often been thought to be the reason we treat animals with a certain moral respect. Animals are not moral agents who could reciprocally honour our well being, and because of this duties toward them are considered to be based on other-directed motivations. Altruism is a vague notion, and in the context of animals can be divided into at least three different alternatives. The first one equates altruism with benevolence or "kindness"; the second one argues altruism is based on (...) recognising inherent value in others; and the third one emphasises identification. Out of these three the first one seems the poorest, for it ultimately falls into egoism: we treat animals with respect out of a need to cultivate our "humanity". The second option is well justified and has been defended thoroughly in the field of animal ethics. Still, it has been criticised recently for being too theory-dependent and even abstract. The third alternative seems tempting in its willingness to give room to practice instead of emphasising abstract moral notions. However, this willingness also comes with a price, for it seems unclear what the mere concentration on contexts and practice can tell us about duties and norms. The main problem is fitting together identification as a practical grounds for moral sentiment with the need for "codified" and even abstract moral principles. One way to do this, the paper suggests, is to use a three-level approach that seeks to take both sides into account. (shrink)

Title in English: Psychology of Nationality as A New Studies Umbrella in Indonesia. Abstract: The role of psychology in dealing with issues of and improving the welfare of the nation has often been raised into topics of psychology seminars and conferences, both in subdisciplines of social psychology, clinical-macro psychology, and other subdisciplines. Psychology, as a science that deals with human dimensions, tries to contribute from formulating the definition of "nation" to doing research and social intervention on the nation's problems. This (...) phenomenon is very encouraging because it shows that we are continually questioning ourselves as a nation, a precondition for healthy development, as well as seeing and trying to reach the possibilities of how our nation will "become". Every psychology (assumed that psychology is not singular) that indicates and prescribes adherence of feelings and commitments of citizens with the imagined community of the nation deserve to be called as Psychology of Nationality. (shrink)

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 (...) a teleological modification to his theory of what we owe to each other. Drawing not only on Aristotle and Aquinas, but also on the thought and life of Martin Luther King, I argue that Scanlon's contractualism can and should be modified to incorporate the ancient and medieval teleological emphasis on personal fruition and legitimate self-assertion. (shrink)

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 is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

Norbert Hoerster has tried to show on the basis of what I call special and general interests that it is rational to endorse moral judgements. I argue that Hoerster’s attempt to vindicate the rationality of moral judgements fails. By appealing to special interests Hoerster can only establish the rationality of endorsing judgements that – by Hoerster’s own standards – are not moral judgements because they do not pass the test of generalization. While the appeal to general interests, on the other (...) hand, indeed establishes the rationality of endorsing judgements that pass the test of generalization, it does so only for some but not all people; for this reason, the vindicated judgements do not qualify as moral judgements either. (shrink)

A notable achievement of T.M. Scanlon's What We Owe to Each Other is its sustained critique of welfarist consequentialism. Consequentialism is the doctrine that one morally ought always to do an act, of the alternatives, that brings about a state of affairs that is no less good than any other one could bring about. Welfarism is the view that what makes a state of affairs better or worse is some increasing function of the welfare for persons realized in it. I (...) shall argue that Scanlon’s critique, though containing much of interest, fails on its own terms. (shrink)

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 of (...) the world were different, a central aspect of contractualism means that it would remain exceedingly demanding in any practically realizable state of the world. (shrink)

Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianism (...) does in fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianism could condone such deprivations or sacrifices in some possible world—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but in theory —due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes. (shrink)

As the author of Justice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes (...) that cluster round the contractual device that I associate with the notion of justice as impartiality. Is it necessary? If it is not necessary is it nevertheless useful? Within an overall contractual framework is the form of contract that I propose uniquely justifiable? And does the form of contract that I defend generate the implications that I claim for it? (shrink)

As the author of Justice as Impartiality, I am not ashamed to admit that I was delighted by the liveliness of the discussion generated by it at the meeting on which this symposium is based. I am likewise grateful to the six authors for finding the book worthy of the careful attention that they have bestowed on it. Between them, the symposiasts take up many more points than I can cover in this response. I shall therefore focus on some themes (...) that cluster round the contractual device that I associate with the notion of justice as impartiality. Is it necessary? If it is not necessary is it nevertheless useful? Within an overall contractual framework is the form of contract that I propose uniquely justifiable? And does the form of contract that I defend generate the implications that I claim for it? (shrink)

In the contemporary philosophical debate, there are two opposing contractualist views. On the one side, Hobbesian contractualisms take moral principles as side-constraints to redress the failures of the interaction among self-interested individuals. On the other, Kantian versions of the social contract ground morality on an impartial and moralized viewpoint. In his recent Contractualism and the Foundations of Morality, Nicholas Southwood proposes a third and novel form of contractualism, with the aim to overcome the “implausibly personal and partial characterization of the (...) moral point of view” of Hobbesian positions, as well as the “excessively substantive conception of practical reason” of Kantian theories .On Southwood’s view, perfectly rational individuals—who see themselves as “simultaneously co-legislator and co-subject among individuals with whom one shares an authority as a fellow deliberative agent” —agree upon a “common code” to live by, which is “a relatively compreh .. (shrink)

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. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

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

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberal neutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberal neutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (shrink)

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 the force of (...) a contractualist critique of utilitarianism, And that contractualism is incomplete as a normative account of moral criticism. (shrink)

In this paper, I shall argue that both cognitivism and liberal contractualism defend a pre-moral conception of human desire that has its origin in the Hobbesian and Humean tradition that both theories share. Moreover, the computational and syntactic themes in cognitive science support the notion, which Gauthier evidently shares, that the human mind ¿ or, in Gauthier¿s case, the mind of ¿economic man¿ ¿ is a purely formal mechanism, characterized by logical and mathematical operations. I shall conclude that a single (...) conception of human behaviour runs through the various dominant psychological, moral and political theories of analytic inspiration. (shrink)

By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to a greater degree than (...) others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the quality, succeeds only in generating a deep tension between the absolute principle of inherent worth and the relative principle of equal worth which the absolute principle is supposed to justify. The idea that the relation of equality as such is inherently valuable independently of any other consideration is also rejected. The paper then adopts a subjectivist view of equality grounded in an antirealist perspective on value. The argument for equality follows a Rawlsian contractarian procedure but not the Rawlsians' simple assumption of equality. Equality is shown to offer a stable principle of co-operation and so is more advantageous to the subjectivist contractors than the only alternative – to each according to his relative bargaining power. However, the appeal to advantage is necessary but not sufficient. An existential commitment to co-operate on the basis of mutual respect as equals is also required. (shrink)

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 the (...) "Profligate Pal," will show that this view of promissory obligation, which I call the Expectations View, is incorrect. In its place, I propose an account of promissory obligation I call Promising as Accountability, according to which promising is a way of making oneself accountable to others for a future act. Not only is Promising as Accountability a more defensible approach to promissory obligation, it also better fits with certain general features of Scanlon's contractualism. (shrink)

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

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

Scanlon's distinction between well-being and other personal values cannot be made out clearly if well-being is understood, as it commonly is, to consist in whatever is intrinsically good for a person. Two other accounts of well-being, however, might be able to explain this distinction. One is a version of the rational care view proposed by Stephen Darwall; another is a rational sympathy view suggested by some of Brad Hooker's work.

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 (...) are not binding. (shrink)

This dissertation is an attempt to better understand certain aspects of the theoretical structure of contemporary 'contractarian' and/or 'contractualist' accounts of morality. I begin by identifying contractarian accounts of morality as foundational theories; that is to say, as theories occupying a middle ground between 'first-order' and 'meta' ethics. I claim that all prominent examples of contemporary contractarianism---to be found, for example, in the works of K. Baier, D. Gauthier, G. R. Grice, G. Harman, J. Mackie, J. Rawls, and T. M. (...) Scanlon---belong to this class of 'foundational' theories, unified and defined by the purpose of providing a philosophical account of what it is that makes for moral relevance and moral force. ;For the remainder of the dissertation, I focus my attention primarily on the last two of the authors named above. I identify Rawls' notion of "reflective equilibrium" as exemplifying a generally "coherentist" conception of the task of moral philosophy, which views moral theory in general, and contractarian theory in particular, as fulfilling at once both a descriptive and a prescriptive function. On the one hand, I put pressure on the idea "reflective equilibrium" can consistently allow existing moral intuitions, judgments and responses to control the evaluation of moral theories. On the other hand, I argue that contractarian methodology has a certain revisionist momentum built in, which sits uncomfortably with "conservative" conceptions of theoretic adequacy. ;This brings me to Scanlon's "contractualism." I argue that in his "Contractualism and Utilitarianism," Scanlon upholds an ideal of moral theorizing according to which theories of the nature and foundations of morality must have critical power vis-a-vis existing moral practices; and that this commitment is in conflict, both in this article and in Scanlon's subsequent What We Owe to Each Other, with the determinative role that Scanlon accords to "fit" with phenomenological aspects of "moral experience" in the justification and evaluation of moral theories. ;Though this dissertation's discussion of the tension between contractarian methodology and the "coherence" approach to moral inquiry is situated particularly in the conceptual landscape underlying the thinking of Rawls and Scanlon, I take it to be of broader significance, both to an understanding of foundational moral theories centrally employing the idealized contract or "rational agreement," and to the ongoing discussion regarding the proper criteria for theory-evaluation and theory-choice in moral philosophy. (shrink)

In his book What We Owe to Each Other, Thomas Scanlon proposes what he calls a ‘contractualist’ explanation of what he describes as ‘a central part of the territory called morality’, i.e. our duties to other rational creatures. If Scanlon is right, the fact that another creature is rational generates a particular kind of moral constraint on how we may act towards it: one should ‘treat rational creatures only in ways that would be allowed by principles that they could not (...) reasonably reject insofar as they too were seeking principles of mutual governance which other rational creatures could not reasonably reject’. This is then used to explain what makes actions right, at least within his central moral area. Such actions will be right because they are permitted by principles that cannot reasonably be rejected. In this essay, I question both whether Scanlon succeeds in identifying a proper part of the moral terrain as a subject for his account and also what, if any, is the contractualist content of that account. I argue that he equivocates between two distinct and incompatible conceptions of the justifiability of principles. According to the first, justifiability is a relation between principles and people, whilst according to the second, for a principle to be justifiable is for it to be justified. For his explanation of morality to have any contractualist force, justifiability needs to be understood as a relation, but for that explanation to have any plausibility, justifiability must be understood nonrelationally. Because of this, the account is unstable and fails to describe any part of the moral landscape. (shrink)

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

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...) will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)

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 basis in practical (...) reason. This account is contrasted with human conceptions of moral motivation, which are argued to be incapable of accounting for the stringency of moral reasons and obligations. (shrink)