Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. (...) Without the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

Yitzhak Benbaji and Daniel Statman present a new theory on the ethics of war which shows that wars can be morally justified at both the ad bellum level and the in bello level.

One of the most noteworthy features of David Gauthier's rational choice, contractarian theory of morality is its appeal to self-interested rationality. This appeal, however, will undoubtedly be the source of much controversy and criticism. For while self-interestedness is characteristic of much human behavior, it is not characteristic of all such behavior, much less of that which is most admirable. Yet contractarian ethics appears to assume that humans are entirely self-interested. It is not usually thought a virtue of (...) a theory that its assumptions are literally false. What may be said on behalf of the contractarian? (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as (...) stakeholder management and virtue based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

Abstract:Social contract is rapidly becoming one of the significant alternatives for analyzing ethical issues in business. Contractarian approaches emphasizing consent as a means of justifying principles can provide needed context for rendering normative judgements concerning economic behaviors. Current research issues include developing tests of consent for both hypothetical and extant social contracts, and empirically testing the assumptions of the major contractarian approaches. Open questions include exploring the relationship between contractarian business ethics and other approaches, such as (...) stakeholder management and virtue based ethics; and analysis of the intersection of contractarian approaches with the findings and assumptions of the field of moral psychology. Finally, the managerial utility of social contract based approaches needs to be explored with emphasis on identifying “translator” concepts. (shrink)

This chapter discusses two major approaches to business ethics which rest on the foundation of social contract theory: the contractualist position of Integrative Social Contracts Theory (ISCT) and the contractarian position of Order Ethics. Both are summarized and analyzed critically. It turns out that Order Ethics might remedy some defects of ISCT.

The topic of Chief Executive Officer (CEO) compensation has been a focus of interest for many years. The purpose of this article is to explore the ethical dimensions of various generally accepted theories of CEO renumeration. We argue that a contractarian approach, based on the Kantian ethical framework, can be used to augment the existing contingent pay models.While the neoclassical economic model of the firm views the maximization of the shareholders'' wealth as the sole responsibility of top management, a (...) contractarian approach regards the balancing of various stakeholders'' interests as the primary task of top management. Ethical problems emerge when there are divergent, yet equally justifiable interests which compete in order to channel organizational resources to meet their own needs. In this situation, given the inherent ambiguities and ever present possibilities of multiple perspectives, it may not always be feasible to provide a categorical answer to the question of whether the CEO''s decisions are ethical. We suggest that a broad interpretation of the neoclassical theory of the firm, one that is grounded in Kantian and contractarian ethics, can serve as a basis for a reconciliation of different theories of executive compensation. (shrink)

How are we meant to behave? And how are we to defend whatever answer we give? Morals and Consent grounds our notion of morality in natural evolution, and from that basis, Malcolm Murray shows why contractarianism is a far more viable moral theory than is widely believed. The scope of Morals and Consent has two main parts: theory and application. In his discussion of theory, Murray defends contractarianism by appealing to evolutionary game theory and metaethical analyses. His main argument is (...) that we are not going to find morality as an objective fact in the world, and that instead, we can understand morality as a reciprocal cooperative trait. From this minimal moral architecture, Murray derives his innovative consent principle. The application of the theory, detailing what contractarians can – or ought to – say about moral matters, takes up the greater portion of the work. Murray offers a trenchant examination of what moral constraints we can claim concerning death, sex, beneficence, and liberty. By focusing on evolutionary contractarianism and the epistemic justification of our moral claims – or lack thereof – Malcolm Murray’s Morals and Consent is a serious advance in the field of applied ethics and fills an important void. (shrink)

Abuse of authority is an unsolved problem in the new institutional theory of the firm. This paper attempts a double attack to this problem by developing a contractarian view of corporate codes of ethics. From the ex-ante standpoint the paper elaborates on the idea of a Social Contract based on Co-operative Bargaining Games and deduces from it the fair/efficient 'Constitution' of the firm endorsed by means of a well-devised corporate code of ethics. From the ex-post standpoint, codes (...) of ethics are proved to be self-enforcing norms, by showing how they put at work the mechanism of a Repeated Game of Reputation within hierarchical transactions (firms) characterised by incomplete contracts and unforeseen events. To accomplish this task a theory of rationality in the face of unforeseen contingencies is sketched by working out the idea that the domain of a principle of ethics defines a fuzzy event, i.e. an event to which also the ex-ante unforeseen, unimaginable states of the world belong to a certain degree. (shrink)

This article assesses the quality of Integrative Social Contracts Theory (ISCT) as a social contract argument. For this purpose, it embarks on a comparative analysis of the use of the social contract model as a theory of political authority and as a theory of social justice. Building on this comparison, it then develops four criteria for any future contractarian theory of business ethics (CBE). To apply the social contract model properly to the domain of business ethics, it (...) should be: (1) self-disciplined, i.e., not aspire results beyond what the contract model can realistically establish; (2) argumentative, i.e., it should seek to provide principles that are demonstrative results of the contractarian method; (3) task-directed, i.e., it should be clear what the social contract thought-experiment is intended to model; and (4) domain-specific, i.e., the contractarian choice situation should be tailored to the defining problems of business ethics. (shrink)

We defend, from a contractarian perspective, that the fair price of an insurance policy is the amount that the contracting parties agree when they are both equally uncertain about the insured event. Drawing on the approach developed by R. Sugden in _The Community of Advantage_, we answer two standard objections raised against contractarianism in the actuarial sciences: (1) people are not wise enough to assess their actuarial risks; (2) they are not rational enough to decide which insurance policy suits (...) them better. We show under which circumstances people can make fair actuarial agreements, without presupposing any objective risk or rationality benchmarks. (shrink)

The fight for emancipation takes place on different levels, and one of them is the level of contemporary financial capitalism as debt-economy. Debt can be a major tool of control and exploitation in that it produces subordinate subjects situated in exchange relations of debt and credit. Recent work on financial debt and the debt-economy has, however, not taken gender adequately into account in philosophical definitions of indebted subjects. Gender analysis discloses how the debtor–creditor relationship is based on a contractarian (...) idea of the indebted subject as an autonomous moral agent, and on a masculine, that is, a-relational understanding of what counts as debt and what does not in the contemporary debt-economy. In contrast to atomistic notions of the subject in liberal, contractarian theories, relational notions of the subject as advanced in care ethics are a better point of departure for capturing the interdependence of subjects within a debt-economy as a core feature of a nonsustainable monetary system. On the basis of such analysis, care ethics also offers means for imagining ways of emancipation from private and public problem credit in order to make financial systems more sustainable and more just. (shrink)

What makes public history more than just another hill to fight over in culture war politics? In this paper I propose a novel way of understanding the political significance of how public history creates and shapes identities: a contractarian one. I argue that public history can be sensibly understood as representing groups as a society’s contracting parties. One particular value of the contractarian approach is that it helps to elucidate the phenomenon of “signing on,” where a marginalized or (...) oppressed group is offered membership in a society without the social order being meaningfully changed. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian (...) approaches in business ethics. Autonomy is too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

There is a gap between health economic evaluation methods and the value judgments of coverage decision makers, at least in Germany. Measuring preference satisfaction has been claimed to be inappropriate for allocating health care resources, e.g. because it disregards medical need. The existing methods oriented at medical need have been claimed to disregard non-consequentialist fairness concerns. The aim of this article is to propose a new, contractarian argument for justifying needs-based economic evaluation. It is based on consent rather than (...) maximization of some impersonal unit of value to accommodate the fairness concerns. This conceptual paper draws upon contractarian ethics and constitution economics to show how economic evaluation can be viewed as an institution to overcome societal conflicts in the allocation of scarce health care resources. For this, the problem of allocating scarce health care resources in a society is reconstructed as a social dilemma. Both disadvantaged patients and affluent healthy individuals can be argued to share interests in a societal contract to provide technologies which ameliorate medical need, based on progressive funding. The use of needs-based economic evaluation methods for coverage determination can be interpreted as institutions for conflict resolution as far as they use consented criteria to ensure the social contract’s sustainability and avoid implicit rationing or unaffordable contribution rates. This justifies the use of needs-based evaluation methods by Pareto-superiority and consent. The view of economic evaluation presented here may help account for fairness concerns in the further development of evaluation methods. This is because it directs the attention away from determining some unit of value to be maximized towards determining those persons who are most likely not to consent and meeting their concerns. Following this direction in methods development is likely to increase the acceptability of health economic evaluation by decision makers. (shrink)

In pluralistic societies with conflicting conceptions of the good, purely procedural justice looms as particularly attractive. Moreover, the social contract device, in at least some of its conceptual adaptations, appears capable of yielding purely procedural outcomes. Based on an assessment of the respective contractarian arguments of Hobbes and Rawls, the author asserts that contractarian proceduralism is either purely procedural but not just, or else just but only derivatively procedural. Finally, after proposing that Habermas' discourse ethics and proceduralist (...) paradigm of law can be regarded as the perfection and culmination of contractarianism, the author concludes that it also ultimately fails to produce purely procedural justice. (shrink)

Part I: WHAT IS ETHICS? Plato: Socratic Morality: Crito. Suggestions for Further Reading. Part II: ETHICAL RELATIVISM VERSUS ETHICAL OBJECTIVISM. Herodotus: Custom is King. Thomas Aquinas: Objectivism: Natural Law. Ruth Benedict: A Defense of Ethical Relativism. Louis Pojman: A Critique of Ethical Relativism. Gilbert Harman: Moral Relativism Defended. Alan Gewirth: The Objective Status of Human Rights. Suggestions for Further Reading. Part III: MORALITY, SELF-INTEREST AND FUTURE SELVES. Plato: Why Be Moral? Richard Taylor: On the Socratic Dilemma. David Gauthier: Morality (...) and Advantage. Gregory Kavka: A Reconciliation Project. Derek Parfit: Later Selves and Moral Principles. Bernard Williams: Persons, Character, and Morality. Suggestions for Further Reading. Part IV: VALUE. Jeremy Bentham: Classical Hedonism. Robert Nozick: The Experience Machine. Richard Taylor: Value and the Origin of Right and Wrong. Friedrich Nietzsche: The Transvaluation of Values. Derek Parfit: What Makes Someone’s Life Go Best? Thomas Nagel: Value: The View from Nowhere. Suggestions for Further Reading. Part V: UTILITARIANISM AND CONSEQUENTIALISM. John Stuart Mill: Utilitarianism. J.J.C. Smart: Extreme and Restricted Utilitarianism. Kai Nielsen: Against Moral Conservatism. Bernard Williams: Against Utilitarianism. John Hospers: Rule-Utilitarianism. Robert Nozick: Side Constraints. Peter Singer: Famine, Affluence and Morality. Suggestions for Further Reading. Part VI: KANTIAN AND DEONTOLOGICAL SYSTEMS. Immanuel Kant: Foundation for the Metaphysic of Morals. W. D. Ross: What Makes Right Acts Right? Onora O’Neill: Kantian Formula of the End in Itself and World Hunger. Thomas Nagel: Moral Luck. Philippa Foot: Morality as a System of Hypothetical Imperatives. Judith Jarvis Thomson: Killing, Letting Die, and the Trolley Problem. Suggestions for Further Reading. Part VII: CONTRACTARIAN ETHICAL SYSTEMS. Thomas Hobbes: The Leviathan. David Gauthier: Why Contractarianism? John Rawls: Contractualism: Justice as Fairness. T.M. Scanlon: Contractualism and Utilitarianism. Suggestions for Further Reading. Part VIII: VIRTUE-BASED ETHICAL SYSTEMS. Aristotle: The Ethics of Virtue. Bernard Mayo: Virtue and the Moral Life. William Frankena: A Critique of Virtue-Based Ethics. Walter Schaller: Are Virtues No More than Dispositions to Obey Moral Rules? Alasdair MacIntyre: The Nature of the Virtues. Susan Wolf: Moral Saints. Louis P. Pojman: In Defense of Moral Saints. Suggestions for Further Reading. Part IX: THE FACT/VALUE PROBLEM: METAETHICS IN THE TWENTIETH CENTURY. David Hume: On Reason and the Emotions: The Fact/Value Distinction. G. E. Moore: Non-Naturalism. A. J. Ayer: Emotivism. R. M. Hare: Prescriptivism: The Structure of Ethics and Morals. Geoffrey Warnock: The Object of Morality. Suggestions for Further Reading. Part X: MORAL REALISM AND THE CHALLENGE OF SKEPTICISM. J.L. Mackie: The Subjectivity of Values. Jonathan Harrison: A Critique of Mackie’s Error Theory. Gilbert Harman: Moral Nihilism. Nicholas Sturgeon: Moral Explanations. Bernard Williams: Ethics and the Limits of Philosophy. Bruce Russell: Two Forms of Ethical Skepticism. Michael Smith: A Defense of Moral Realism. Suggestions for Further Reading. Part XI: RELIGION AND ETHICS. Plato: Morality and Religion. Immanuel Kant: God and Immortality as Necessary Postulates of Morality. George Mavrodes: Religious and the Queerness of Morality. Kai Nielson: Ethics Without God. Suggestions for Further Reading. Part XII: CONTEMPORARY CHALLENGES TO CLASSICAL ETHICAL THEORY. Part A. Sociobiology and the Question of Moral Responsibility. Charles Darwin: Ethics and the Descent of Man. E.O.Wilson: Sociobiology and Ethics. Michael Ruse: Evolution and Ethics: The Sociobiological Approach. Elliot Sober: Prospects for an Evolutionary Ethics. J.L. Mackie: The Law of the Jungle, Evolution and Morality. Suggestions for Further Readingon Sociobiology. Part B. The Challenge of Determinism to Moral Responsibility and Desert. Galen Strawson: The Impossibility of Moral Responsibility. Louis Pojman: Free Will, Determinism, and Moral Responsibility:A Response to Galen Strawson. Richard Taylor: A Libertarian Defense of Free Will and Responsibility. Suggestions for Further Reading on Moral Responsibility. Glossary of Ethical Terms. (shrink)

Contract-based approaches have been a focus of attention in business ethics. As one of the grand traditions in political philosophy, contractarianism is founded on the notion that we will never resolve deep moral disagreement. Classical philosophers like Hobbes and Locke, or recent ones like Rawls and Gaus, seek to solve ethical conflicts on the level of social rules and procedures. Recent authors in business ethics have sought to utilize contract-based approaches for their field and to apply it to (...) concrete business dilemmas. However, the application of contractarianism to management contexts can cause difficulties. Our article discusses this conceptual problem of contractarian business ethics and presents the idea of order ethics as an alternative. Order ethics, as we argue, can make a difference by conceptually bridging the gap between contractarianism and business ethics. (shrink)

ABSTRACT: In this article I defend the view that all feminists should be contractarians. Indeed, I argue that feminists should be Hobbesian or rational-choice contractarians at that. The argument proceeds by critically examining some of the main reasons why feminists have been resistant or even hostile to contractarian moral theory, and showing that the criticisms are misguided against Hobbesian versions of the theory. I conclude with a brief positive argument to the effect that contractarianism provides a plausible explanation of (...) what is wrong with patriarchy and so can serve as the theoretical basis for feminist ethics.RÉSUMÉ: Cet article propose que les féministes de toutes tendances se doivent d'être contractualistes de type hobbesien ou de choix rationnel. L'argument débute par une critique de quelques-unes des raisons principales pour lesquelles les féministes ont résisté ou se sont opposées à une morale contractualiste et établit que leurs critiques n'atteignent pas leur cible lorsqu'elles sont dirigées contre les versions hobbesiennes de cette doctrine. Un argument positif vient brièvement conclure le tout, en montrant que le contractualisme rend compte, fort plausiblement, des défauts du patriarcat, et qu'il est donc à même de fournir une base théorique à une éthique féministe. (shrink)

Judith Jarvis Thomson famously argued that abortion is permissible even if we accept that a fetus qualifies as a person and possesses a right to life. The current paper presents two arguments that undermine Thomson’s position. First, the paper sketches a contractarian argument that explores Thomson’s violinist thought experiment from behind a veil of ignorance, which suggests that if we had an equal likelihood of being an unwanted fetus and a pregnant woman, it would be rational for us to (...) oppose abortion. Second, the paper discusses the hypothetical self-aborting fetus, a thought experiment that reverses the dependence relationship between a woman and a fetus. It is argued that in this scenario, where fetuses have agency of their own, Thomson’s position would counterintuitively prohibit a woman from temporarily curtailing the freedom of her fetus even to save her own life. (shrink)

In light of the enormous suffering brought about by war, war might be justified only if the benefit it yields is significant enough, namely, a clear and durable victory over the enemy. The logic of this argument leads to a Clausewitz-style war of “annihilation.” I argue that the best way to justify the ending of war short of such annihilation is by relying on a contractarian view of jus ex bello. I conclude by exploring the implications of this view (...) to warfare in which no effective social contract is in place. (shrink)

An adequate moral theory must provide for cooperation and trust between moral agents, but a tension exists between cooperating and maximizing. This tension is prominent in utilitarianism and contractarianism . Various puzzles illustrate this tension, and both utilitarians and contractarians must solve these to present a coherent moral theory. These puzzles include new and resilient versions of classic objections to utilitarianism, such as the claims that utilitarian agents cannot be trusted to keep promises and cannot take rights seriously. They also (...) include the contractarian puzzle of why rational agents would cooperate by making and keeping impartial contracts. In solving these problems, utilitarians and contractarians alike must choose between traditional and revisionary maximizing theories. ;In light of these problems: David Gauthier urges contractarians to appeal to a revisionary theory of rationality, Donald Regan has developed a new variety of utilitarianism, and many other theorists still argue for the revisionary theory of rule utilitarianism. These people underestimate the potential of traditional theories. Although traditional theories like act utilitarianism look only to the future--while revisionary theories sometimes take prior acts such as promises, deliberations, and intentions to justify action--traditional theories are still able to solve these puzzles and furnish a satisfactory account of cooperation and trust. Surprisingly, even though these puzzles were developed as objections to the traditional theories and the revisionist theories were designed to deal with these puzzles, the traditional theories provide superior solutions. ;This defense of traditional theories has broad implications in philosophy and elsewhere, but I specifically discuss two significant implications for modern moral theory and two implications for applied ethics. I reject the criticism that act utilitarianism fails on its own terms and argue that it has previously unnoticed advantages over rule utilitarianism. I also reformulate Gauthier's moral theory using the traditional theory of rationality, thereby answering a major criticism of his theory. In addition, I apply my understanding of traditional maximizing theories to the utilitarian theory of rights and then to the strategic problems of nuclear deterrence and of threats in general. (shrink)

Benbaji and Statman’s contractarian ethics of war offers a powerful new philosophical defence of orthodox conclusions against revisionist criticism. I present a two-pronged argument in reply. First, contractarianism yields what I call ‘decent war theory,’ a theory in which war between decent states is paradigmatic. I argue, by contrast, that states should treat wars against indecent states as paradigmatic, resulting in a Rawlsian alternative that issues in an ethics closer to revisionism. The second prong argues that the (...) symmetrical international distribution of power required by contractarianism throws into doubt the viability of war as an instrument for securing just ends. But I argue that there is a very important lesson to take from Benbaji and Statman’s analysis here. Even if contractarianism is arguably weakened by its political assumptions, revisionists frequently fail to pay any attention to the vagaries of power and their effects in shaping the outcomes of different accounts of ethics. I therefore argue that just war theory in general ought to develop an ethics with sufficient versatility to respond to shifts and variations in the distribution of military power. In particular, philosophers must consider morally defensible ways in which decent states can challenge rising indecent powers. (shrink)

Ethical analyses of the relations between managers and subordinates have traditionally focused on the employment contract. The inequality and requisite mutual trust between managers and subordinates makes the sub-disciplines of professional ethics and feminist ethics more applicable than the contractarian perspective. When professional ethics is applied to hierarchic relationships, specific obligations emerge for managers and subordinates alike. The application of feminist ethics results in the identification of an entirely different, though not contradictory, set of obligations. (...) In toto, the analysis improves on the conventional wisdom governing hierarchic relationships while at the same time remaining consistent with our moral intuitions. (shrink)

In The Idea of Justice and Frontiers of Justice, Amartya Sen and Martha Nussbaum, respectively, put forth their own ideas about justice and criticize social contractarian approaches t...

This Article aims to extend contractarianism in just war theory to the case of asymmetric war of independence. Its main thesis is that within asymmetric wars, the traditional rule of noncombatant immunity has no contractarian justification: It systematically discriminates against the weak part to the conflict, and thus it is unfair. On the other hand, a rule that allows those who take themselves to be freedom fighters to threaten civic life, yet prohibits deliberately targeting individuals, is fair and mutually (...) beneficial. The branch of the war convention I called “justice in asymmetric war” instructs militants to treat civilians as if they bear no personal responsibility for the evil that their society causes. (shrink)

I critically discuss contemporary work in African, i.e., sub-Saharan, moral philosophy that has been written in English. I begin by providing an overview of the profession, after which I consider some of the major issues in normative ethics, then discuss a few of the more noteworthy research in applied ethics, and finally take up the key issues in meta-ethics. My aim is to highlight discussions that should be of interest to an ethicist working anywhere in the world, (...) focusing on ideas characteristic of the sub-Saharan region that are under-appreciated not merely for the purpose of comparative ethics, but also for substantive ethical argumentation. In particular, I maintain that there are kinds of communitarian and vitalist approaches to morality commonly held by sub-Saharan philosophers that international scholars should take seriously as genuine rivals to utilitarian, Kantian, contractarian, and care-oriented outlooks that dominate contemporary Euro-American discussion of ethically right action. (shrink)

At two fronts I defend my 1994 article. I argue that differences between Confucian jen ethics and feminist care ethics do not preclude their shared commonalities in comparison with Kantian, utilitarian, and contractarian ethics, and that Confucians do care. I also argue that Confucianism is capable of changing its rules to reflect its renewed understanding of jen, that care ethics is feminist, and that similarities between Confucian and care ethics have significant implications.

The notion of rationality underlying contemporary business and business ethics, or the “rational actor” model of moral decision-making in business, links a roughly utilitarian notion of the good to a contractarian notion of human agency. The “C-Umodel” provides inadequate means for explaining how business people do or ought to behave or think about their behavior, because the notion of rationality upon which it relies is far too narrow a picture of business people’s character. An alternative to these assumptions (...) and to the Contractarian-Utilitarian model, is offered in an ethics of virtue. Despite the traditional apparent conflict between these divergent models, the C-U model, if founded in a notion of rationality consistent with Aristotelian ethics, is recognized as a useful instrument in business ethics and business decision-making. Hence, a reconciliation is effected between the C-U model and virtue ethics. (shrink)

The second edition of this accessible book features a new chapter on Nietzsche and an entirely new Part III that covers contemporary utilitarianism, rights-based ethical theories, contractarian ethics and virtue ethics, and recent debates between realism and anti-realism in ethics. The strengths of the first edition--its readability, historical approach, coverage of specific moral philosophers, and detailed recommended reading sections at the beginning of each chapter--combined with the new material make this an essential resource for all readers (...) interested in ethics. (shrink)

Conflicts can arise between energy policies pursued in the interests of present people and the needs of future people for environmental and social conditions conducive to human well-being. This paper is addressed primarily to those who believe that we have moral obligations toward people of the distant future, and who consider these obligations to affect the range of energy policies which we are morally entitled to pursue. l examine utilitarian, contractarian, and formalist ethical theories to determine which provide adequate (...) ethical bases for this moral conviction. I argue that utilitarian theories lead to bizarre prescriptions concerning energy policies that affect people of the distant future. Contractarian theories, on one interpretation, fail to support any moral concern at all for such people and, on another, exclude some relevant dimensions of moral concern, i.e., beneficence, and provide policy planners with inadequate guidance in the face of moral dilemmas. Only formalism, for example, that of W. D. Ross, supports a moral concern for people of the distant future, and yields reasonable prescriptions concerning energy policies that affect such people. (shrink)

Conflicts can arise between energy policies pursued in the interests of present people and the needs of future people for environmental and social conditions conducive to human well-being. This paper is addressed primarily to those who believe that we have moral obligations toward people of the distant future, and who consider these obligations to affect the range of energy policies which we are morally entitled to pursue. l examine utilitarian, contractarian, and formalist ethical theories to determine which provide adequate (...) ethical bases for this moral conviction. I argue that utilitarian theories lead to bizarre prescriptions concerning energy policies that affect people of the distant future. Contractarian theories, on one interpretation, fail to support any moral concern at all for such people and, on another, exclude some relevant dimensions of moral concern, i.e., beneficence, and provide policy planners with inadequate guidance in the face of moral dilemmas. Only formalism, for example, that of W. D. Ross, supports a moral concern for people of the distant future, and yields reasonable prescriptions concerning energy policies that affect such people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Organizational Ethics and Health Care: Expanding Bioethics to the Institutional Arena **Laura Jane Bishop (bio), M. Nichelle Cherry (bio), and Martina Darragh* (bio)In 1995, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) expanded its patient rights standards to include requirements for assuring that hospital business practices would be ethical. Renamed “Patient Rights and Organization Ethics,” these standards are based on the realization that a hospital’s obligation (...) to its patients is derived from two relationships: the patient-provider relationship governed by “clinical ethics,” and the customer-supplier relationship governed by “business ethics.” “[This] boundary between ‘clinical’ ethics and ‘business’ ethics is not clear and in many cases is nonexistent. While marketing and admission practices are seen as issues related to ‘business’ ethics, they can lead to unneeded admissions or demand for unneeded services, both of which can unnecessarily expose the patient to the risk of side effects or complications. Likewise, underutilization of needed services is likely to lead to less than optimal health outcomes” (I. Schyve 1996, p. 17). “These new standards arose out of well-publicized concerns about abuses in which patients were admitted to hospitals unnecessarily and were discharged or transferred only after their insurance expired” (I. Schyve 1996, pp. 15–16).These abuses also sparked eloquent protests against threats to patient well-being and to the nature of the patient-provider relationship in the bioethics literature. The fiduciary responsibility of the provider to inform and to protect the patient was fragmented by insurer business practices such as gag clauses and economic credentialing of providers (VII. Scope Note 31, 1996). The background role that the institution plays, though poorly articulated historically, has been brought sharply into focus by the explosive growth of the managed practice of medicine. The context of medical ethics is no longer limited to the resolution of individual cases, but instead encompasses the adoption of institutional structures to protect and promote patient welfare (IV. Emanuel 1995, p. 335). In this new configuration, the institution and the providers are co-fiduciaries for populations [End Page 189] of patients, and the medicine that is practiced is “appropriately economically disciplined.” The expression “My patient always comes first” is no longer “... intellectually serious or morally responsible.” But, “... to be sure, both conceptually and in practice, being an economically disciplined fiduciary professional or institution is ethically unstable.... The task is to identify the boundaries outside of which institutional policy and behavior will not count as an ethically defensible form of being... [a] fiduciary.” (IV. McCullough 1997, pp. 143–44). This process of delimiting and enforcing boundaries requires the development of “... a language for talking about the ethical values of the organization. If such a language does not exist, discussions about ethics become cumbersome and unlikely to occur” (IV. Cleveland Clinic Foundation 1998, p. 2).As with bioethics generally, the literature addressing organizational ethics is multidisciplinary. JCAHO’s compliance guide for its revised standards, Ethical Issues and Patient Rights, draws on a wealth of ideas from both clinical ethics and business ethics. This is often an awkward alliance. “Because the study of organizational ethics is in its infancy compared to other areas of healthcare ethics, discussions about it often seem like hot air with no palpable payoff” (I. Boyle 1998, p. 2). The fact that “... there is an ancient history that reflects widespread doubt about the moral probity of business” (II. Frederick 1995, p. 209) does not help. To begin, “Aristotle had rude things to say about business” (II. Jackson 1998, p. 401). A brief review of introductions to several of the business ethics textbooks cited in this bibliography reveals that a rebuttal of “business ethics as an oxymoron” is the standard opening paragraph. This stigma is unfounded, and “increased stability” has characterized the state of business ethics literature during the 1990s (II. Beauchamp and Bowie 1997, p. ix). Significant attention has been given to elaborating two often overlapping theories—stakeholder and social contractarian.Originating in the 1960s as a pun on “stockholder,” proponents of stakeholder theory claim that a corporation’s fiduciary responsibility extends beyond increasing its profitability to protecting the rights of individuals or groups affected by its actions. Popular as a strategic planning tool in the... (shrink)

In March 2008, the German Federal Constitutional Court (GFCC) has passed an important, even though preliminary, decision concerning data retention. The GFCC’s decision accepts the storage of data, but greatly restricts their use to serious offenses like murder and organized crime. From an ethical point of view, it is particularly interesting to look at the justification given by the GFCC, which relies heavily on the argument that the “impartiality” (Unbefangenheit) of communication will be thoroughly damaged if feelings of being watched (...) spread in a society. This argument is examined in view of two contrasting theoretical approaches: Discourse ethics and evolutionary contractarian theory. (shrink)

Joseph Mendola defends an original ethical theory in the consequentialist tradition, which also incorporates contractarian and deontological elements. He argues that this theory is required by physical reality and the correct metaethics, and focuses in particular on the moral significance of group acts, and indeterminacies of morally relevant fact.

David Gauthier is one of the most outstanding and influential philosophers working in moral theory today, and his book Morals by Agreement has established him as a preeminent defender of contractarian moral theory. This volume brings together a selection of his best essays on contractarianism, many of which have become difficult to find.

There is a problem within contractarian ethics that I wish to resolve. It concerns individual preferences. Contractarianism holds that morality, properly conceived, can satisfy individual preferences and interests better than amorality or immorality. What is unclear, however, is whether these preferences are those individuals actually hold or those that they should hold. The goal of my thesis is to investigate this question. I introduce a version of contractarian ethics that relies on individual preferences in a manner (...) more stringent than has been in the literature to date. "Occurrent contractarianism," as I have called it, is rooted in our social-psychological state. Given the characteristics we have, and given the social situation in which we are embedded, the best resolve we have of furthering our individually defined preferences is to adopt and adhere to a moral system. Occurrent contractarianism remains true to the original contractarian insight; that morality is a rational institution, capable of being designed for and adhered to even by non-tuistic rational beings following merely their own occurrent preferences. (shrink)

The original position contractarian model of ethical reasoning put forth by John Rawls has been examined as a basis for an environmental ethic on three previous occasions in this journal and in Peter Wenz’s Environmental Justice. In this article, I critically examine each of these treatments, analyzing the proposals offered and identifying their shortcomings. I find a total of seven different proposals in this literature for modifying Rawls’ theory to augment its adequacy or as a ground environmental ethics. (...) The diverse difficulties that arise in attempting to apply Rawls suggest the conclusion that Rawlsian ethics may not be a suitable foundation for an adequate long-term environmental ethics. (shrink)