Ex ante contractualism holds that in situations involving risk we ought to act in accordance with principles that license the action that satisfies the strongest individual claim, where those claims are a function of the expected value that a given policy gives each person ex ante. I here challenge ex ante contractualism on contractualist grounds. I argue that adopting ex ante contractualism would have far reaching implications that contractualists, or many nonconsequentialist in general, (...) would find very hard to accept. I conclude that to block these implications, contractualists should adopt an ex post approach to deal with decisions under risk. (shrink)

Kuyumcuoglu argues that defenders of sweatshop regulations should reject consequentialism and accept an ex ante interpretation of contractualism instead. In this Commentary I show that Kuyumcuoglu’s argument doesn’t succeed. Defenders of sweatshops shouldn’t become ex ante contractualists because its advantages on this issue are more apparent than real.

최근 일군의 철학자들은 스캔런의 계약주의가 이른바 사후적인 도덕이론이 아니라 사전적인 것으로 해석되어야 한다고 주장한다. 사전적 계약주의는 어떤 원칙이 개인에게 부과하는 이득이나 해악의 기대값의 관점에서 해당 원칙을 정당화하는 구조를 지닌다. 이런 최근의 경향은, 사후적이 아닌 사전적 계약주의가 위태롭게 하는 행위의 허용 가능성에 대해 최선의 설명을 제공해줄 수 있다는 인식에서 비롯되었다. 본고의 주된 목표는 사전적 계약주의를 옹호하는 기존 시도들의 한계를 극복할 수 있는 새로운 관점을 제시하는 것이다. 필자는 기존 연구에서 큰 관심을 받지 못한 예방조치라는 개념을 강조하며 그것이 사전적 계약주의의 체계 내에 정합적으로 (...) 안착될 수 있음을 보인다. 궁극적으로 필자는 예방조치라는 개념 없이는 위태롭게 하는 행위의 허용 가능성을 제대로 설명할 수 없다고 주장한다. (shrink)

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

This is a chapter on contractualism for Ethical Theory in Global Perspective, edited by Michael Hemmingsen (SUNY Press). The chapter (i) outlines contractualism as an ethical theory, (ii) explains how it differs from classical utilitarianism, (iii) explores the differences between ex post and ex ante contractualism, and (iv) finally looks at two traditional objections to the view.

Kates argues that ex ante contractualism fails to defend interference with sweatshops on moral grounds. In this commentary, I argue that Kates does not apply this approach correctly. Ex ante contractualism, indeed, successfully defends interference and thus should still be considered an appealing alternative to other moral approaches for evaluating when and how to interfere in sweatshop conditions to help workers.

How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism (...) provides the best model of justifiability to each. (shrink)

Activists and progressive governments sometimes interfere in the working conditions of sweatshops. Their methods may include boycotts of the products produced in these facilities, bans on the import of these products or tariffs imposed by the home country, and enforcing the host country’s laws that aim at regulating sweatshops. Some argue that such interference in sweatshop conditions is morally wrong since it may actually harm workers. The reason is that the enterprise that runs the sweatshop may choose to lay off (...) some workers as the result of effective interference in order to maintain their profit at the desired level. If successful, this argument would prohibit any interference in sweatshop conditions on moral grounds. In this article, I argue in dissent and build a contractualist argument in favor of the moral permissibility of interference in sweatshops. I base my argument on an ex ante interpretation of T.M. Scanlon’s contractualism. (shrink)

Geoffrey Rose’s prevention paradox points to a tension between two prima facie plausible moral principles: that we should save the greater number and that weshould save the most at risk. This paper argues that a novel moral theory, ex-ante contractualism, captures our intuitions in many prevention paradox cases, regardless of our interpretation of probability claims. However, it goes on to show that it might be impossible to square ex-ante contractualism with all of our moral intuitions. It (...) concludes that even if ex-ante contractualism cannot furnish an entire ethics of risk, it does identify important considerations for any such theory. (shrink)

Geoffrey Rose’s prevention paradox points to a tension between two prima facie plausible moral principles: that we should save the greater number and that weshould save the most at risk. This paper argues that a novel moral theory, ex-ante contractualism, captures our intuitions in many prevention paradox cases, regardless of our interpretation of probability claims. However, it goes on to show that it might be impossible to square ex-ante contractualism with all of our moral intuitions. It (...) concludes that even if ex-ante contractualism cannot furnish an entire ethics of risk, it does identify important considerations for any such theory. (shrink)

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 (...) foreseeing. The article considers two principles which might help the contractualist: the Redistribution Principle, which, while attractive, is perhaps somewhat too restrictive, and the Aim Consistency Principle, which grants ethical significance to the aims with which our actions are in principle consistent whatever our actual intentions may be. The article also considers the relative significance of ex ante and ex post perspectives from which to evaluate actions and principles. Key Words: contractualism • Doctrine of Double Effect • ethics • intention • justice • risk • T.M. Scanlon • utilitarianism. (shrink)

For states attempting to bring internal conflicts to an end prudence dictates favouring only those practices that are most likely to promote domestic stability. Typically, this requires employing a...

Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than (...) aggregative cost-benefit decision-making. Focusing on T.M. Scanlon's version, this paper develops this basic choice of interpretation and recommends the ex ante version. The paper explains how contractualism is inconsistent with John Harsanyibad aggregationgood aggregation” that is both unavoidable and fully appropriate in public life. (shrink)

I evaluate two contractualist approaches to the ethics of risk: mutual constraint and the probabilistic, ex ante approach. After explaining how these approaches address problems in earlier interpretations of contractualism, I object that they fail to respond to diverse risk preferences in populations. Some people could reasonably reject the risk thresholds associated with these approaches. A strategy for addressing this objection is considering individual risk preferences, similar to those Buchak discusses concerning expected-utility approaches to risk. I defend the (...) risk-preferences-adjusted contractualist approach, which calculates a population’s average risk preference and permits risk thresholds below that preference, only. (shrink)

Several authors have argued that contractualism faces a dilemma when it comes to justifying risks generated by socially valuable activities. At the heart of the matter is the question of whether contractualists should adopt an ex post or an ex ante perspective when assessing whether an action or policy is justifiable to each person. In this paper I argue for the modest conclusion that ex post contractualism is a live option notwithstanding recent criticisms raised by proponents of (...) the ex ante perspective. I then consider how an ex post contractualist can best respond to the problem that it seems to prohibit a range of intuitively permissible and socially valuable activities. (shrink)

Describes the author’s value of choice account of responsibility and examines a response by Stemplowska to an objection to this account, raised by Alex Voorhoeve. Argues that the problem raised by Voorhoeve’s example concerns the way in which risk is taken into account in contractualism rather than the value of choice account of responsibility. Departs from the author’s earlier work in arguing that the risk of harm should sometimes be taken into account on an ex ante rather than (...) an ex post basis. (shrink)

How cautious should regulators be? A standard answer is consequentialist: regulators should be just cautious enough to maximize expected social value. This paper charts the prospects of a nonconsequentialist - and more precautionary - alternative. More specifically, it argues that a contractualism focused on ex ante consent can motivate the following regulatory criterion: regulators should permit a socially beneficial risky activity only if no one can be expected to be made worse off by it. Broadly speaking, there are (...) two strategies regulators can use to help risky activities satisfy this criterion: regulators can mandate strict safety standards that protect those who would otherwise stand to lose, and they can require that some of the benefits of the activity be redirected to them. In developing these themes, the paper aims to provide a theoretical grounding for those who oppose using risk-cost-benefit analysis as the primary regulatory standard, and in particular, for advocates of the precautionary principle. (shrink)

According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and (...) risks; (3) anti-aggregationist principles that recommend the distribution of bad effects and the concentration of good ones. I will show that these arguments, although connected with interesting philosophical problems regarding e.g. counterfactuals, aggregation, or probability, are unconvincing. (shrink)

In some cases where we are faced with a decision of whether to prioritize identified lives over statistical lives, we have no basis for assigning specific probabilities to possible outcomes. Is there any reason to prioritize either statistical or identified lives in such cases? The ‘uncertainty argument’ purports to show that, provided we embrace ex ante contractualism, we should prioritize saving identified lives in such cases. The argument faces two serious problems. First, it relies on the principle of (...) indifference, and as such it leads to inconsistent assignments of epistemic probability to possible outcomes. Moreover, even if the uncertainty argument can be reformulated in order to avoid reliance on the principle of indifference, the uncertainty in such cases still undermines any judgment of which course of action – saving a statistical, or rather an identified life – involves the greater burden. The indeterminacy involved in the statistical group might be thought to undermine the argument that application of the principle of indifference leads to inconsistency in this case, but the thought that it does rests on a misunderstanding of the relationship between indeterminacy and reference. (shrink)

Anna Mahtani describes a puzzle meant to show that the Ex-Ante Pareto Principle is incomplete as it stands and, since it cannot be completed in a satisfactory manner, decades of debate in welfare economics and ethics are undermined. In this paper, we provide a better solution to the puzzle which saves the Ex-Ante Pareto Principle from this challenge. We also explain how the plausibility of our solution is reinforced by its similarity to a standard solution to an analogous (...) puzzle in quantified epistemic logic. We also show that even if the puzzle were to remain unsolved, its impact on welfare economics and ethics would be limited. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the sum (...) total of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without (...) any constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

Sweatshop defenders argue that interference in sweatshop conditions through consumer activism or government regulations is morally wrong because, first, such acts harm sweatshop workers, and second, they disrespect these workers. Distinguishing the prohibitive aspects of sweatshop interference as harm on the one hand, and disrespect on the other, these sweatshop defenders build both a consequentialist and a deontological foundation for their argument, respectively. This article crafts a rejoinder to the second foundation of the defenders’ argument. In particular, the article responds (...) to the defenders against their argument that interference in sweatshop conditions might be morally impermissible because interferers disrespect workers with their activism. The ground of the defended argument is an ex ante interpretation of contractualist ethics. (shrink)

The results of empirical research show that people prefer to help identified individuals rather than unidentified ones. This preference has an important influence on many private and public decisions, for example concerning vaccination or the distribution of healthcare resources. The aim of this article is to define the terms: “identified”, “unidentified”, “statistical”, and then to analyze three philosophical arguments concerning the normative implications of this preference: 1) contractualism ex ante ; 2) fair distribution of chances and risks; 3) (...) principles regarding the concentration of good effects and the distribution of bad effects. I will demonstrate that these arguments, which are related to interesting philosophical problems, such as counterfactuals, are not convincing. (shrink)

Process reliabilism is a theory about ex post justification, the justification of a doxastic attitude one has, such as belief. It says roughly that a justified belief is a belief formed by a reliable process. It is not a theory about ex ante justification, one’s justification for having a particular attitude toward a proposition, an attitude one might lack. But many reliabilists supplement their theory such that it explains ex ante justification in terms of reliable processes. In this (...) paper I argue that the main way reliabilists supplement their theory fails. In the absence of an alternative, reliabilism does not account for ex ante justification. (shrink)

First, Mahtani argues that both in the game The Mug and in the Sleeping Beauty we should not defer to a trusted person under a particular designation if they do not self-identify under this designation. This invites a more complex Reflection Principle. I respond that there are more parsimonious ways to avoid the challenges posed to the Reflection Principle. Second, Mahtani argues that preferences create a hyperintensional context, which poses a challenge to the Ex-Ante Pareto Principle that can be (...) averted by supervaluation. I respond that such an appeal to supervaluation would block randomization as a fair allocation device. (shrink)

Frances Kamm distinguishes between changes or enhancements that are made before a child exists (ex ante changes) and those that are made once a child exists (ex post changes), and she argues that ex ante changes do not show disrespect or, as Michael Sandel would put it, lack of love, for a person, since the person does not yet exist. In this paper, I argue that it is important to distinguish between ex ante enhancements that are morally (...) neutral and those that are morally dubious, and that the latter ones are morally objectionable even if the persons do not yet exist. (shrink)

This paper is part of an attempt to clarify the relationship between explanatory reasons and justificatory reasons for actions of various kinds. It draws on a distinction between two notions of rationalization, viz., ex ante and ex post rationalization, to recast the akratic case on the one hand and to explicate an adequate sense in which an explanatory but non-justificatory reason for an action rationalizes the latter on the other hand. The explication is helped by analysis of a hypothetical (...) example, and the name "quasi-rational" is legitimated for the type of actions this example represents. Last, but not least, the paper demonstrates that an implication of the argument is the falsity of one well-known principle in Davidson's action theory, i.e., the principle claiming that the (primary) reason for an action is also its cause. (shrink)

Cushman characterizes rationalization as the inverse of rational reasoning, but this distinction is psychologically questionable. Coherence-based reasoning highlights a subtler form of bidirectionality: By distorting task attributes to make one course of action appear superior to its rivals, a patina of rationality is bestowed on the choice. This mechanism drives choice and action, rather than just following in their wake.

Le Droit est aujourd'hui placé devant un impératif stratégique : tourner sa force vers le futur, pour faire face à des enjeux (numérique et climat) sur lesquels la loi et le contrat n'ont pas l'emprise requise, puisque trop locale ou trop peu systémique, tandis que la responsabilité ex post n'est pas adéquate face à l'irréparable. La responsabilité se saisit donc de l'avenir, le juge devenant le personnage central du monde sans qu'il l'ait voulu. Ce déplacement dans le temps peut continuer (...) à s'ancrer dans le passé, du fait d'engagements des États ou des entreprises. Mais cette responsabilité pour le futur engendrant une obligation non de réparer mais de faire peut venir plus directement encore du seul fait que l'entité visée est « en position » d'agir pour qu'autrui soit préservé. Preuves préconstituées, office ex ante du juge, devoir pour autrui mais aussi pouvoirs de l'entreprise et de l'État pour porter cette responsabilité ex ante, pilier du droit de la compliance, droit de l'avenir, sont les nouvelles règles qui se mettent en place. (shrink)

The ex ante Pareto principle has an intuitive pull, and it has been a principle of central importance since Harsanyi’s defence of utilitarianism. The principle has been used to criticize and refine a range of positions in welfare economics, including egalitarianism and prioritarianism. But this principle faces a serious problem. I have argued elsewhere :303-323 2017) that the concept of ex ante Pareto superiority is not well defined, because its application in a choice situation concerning a fixed population (...) can depend on how the members of that population are designated. I show in this paper that in almost all cases of policy choice, there will be numerous sets of rival designators for the same fixed population. I explore two ways that we might complete the definition of ex ante Pareto superiority. I call these the ‘supervaluationist’ reading and the ‘subvaluationist’ reading. I reject the subvaluationist reading as uncharitable, and argue that the supervaluationist reading is the most promising interpretation of the ex ante Pareto principle. I end by exploring some of the implications of this principle for prioritarianism and egalitarianism. (shrink)

This chapter discusses desire theory and how the temporal gap between desires and the states of affairs that satisfy them affects this theory. Satisfaction is not that important in desire theory because even if getting what we want fails to satisfy, we are better off for having got it. The rationale for rejecting hedonistic accounts of well-being in favor of desire theories is the intuition that states of affairs that are not “like” anything for us can harm and benefit us. (...) Sumner, however, suggests that even if we grant the desire theorist’s fundamental assumption that they can make a difference to our well-being, the prospective character of desire, which opens a temporal gap between desires and the states of affairs that satisfy them, undermines the account. (shrink)

It is well known that there is a conflict between three intuitive principles for the evaluation of risky prospects in distributional contexts, Ex-Post Egalitarianism, Ex-Ante Pareto and Dominance. In this paper, I return to Peter Diamond’s suggestion that we reject Dominance as a principle of rationality in distributional contexts and present a new argument in support of this position. The argument is based on an observation regarding the right way for a distributor to weigh reasons for actions. In some (...) cases, I argue, reasons for action that are grounded in the interests of one of the patients ought to be disregarded by the distributor. These cases share the following property: it is in the patient’s overall interest that the distributor disregards them. I show that Dominance does not permit distributors to disregard such reasons and use this observation to argue against the claim that Dominance is a principle of rationality in distributional contexts. (shrink)

Users’ non-sustainable consumption behaviors are affecting the sustainability of access-based services, but ABS firms can utilize messaging strategies to persuade users to curtail their non-sustainable consumption behaviors. Through two online scenario-based experiments in China, this study determined that: Compared with rational appeal messaging, emotional appeal messaging is better able to persuade consumers to curtail non-sustainable consumption behaviors. Furthermore, loss-framed messages are more effective than gain-framed ones. Message appeal and message framing have an interactive persuasive effect on reducing such consumer behaviors. (...) Loss-framed rational appeal messages are more persuasive at reducing non-sustainable consumption behaviors than gain-framed rational appeal messages, and gain-framed emotional appeal messages persuade consumers to reduce non-sustainable consumption behaviors more than loss-framed ones. Consumers’ psychological ownership moderates the persuasive effect of messaging. Among consumers with a high level of psychological ownership of shared goods, only gain-framed emotional appeal messaging is effective at reducing non-sustainable consumption behaviors, whereas among consumers with low psychological ownership, the persuasive effect of loss-framed rational appeal messaging is more effective than gain-framed emotional appeal messaging. This study extends the research on non-sustainable consumption behavior management in ABSs and provides important inspiration for the management of ABSs consumer behavior. (shrink)

When distributing an indivisible harm or benefit between multiple individuals, all of whom have an equal claim to avoid the harm or receive the benefit, it is commonly thought that one should hold a lottery in order to give each claimant an equal chance of winning. Moreover, it is often said that, by holding a lottery, one makes the resultant outcome inequality between those who receive the harm or benefit and those who do not less unfair than it would otherwise (...) have been. The stated view – the ‘egalitarian mixed view’ – claims that the unfairness of a brute luck ex post distribution is a function of both the degree of inequality in the ex post distribution itself, and the degree of inequality in the ex ante distribution of chances from which it is derived. Versions of the view have been prominently endorsed by a number of authors, including Arneson, Broome, Diamond, Lang, Otsuka, Parfit, and Temkin. The appeal of the view is linked to its apparent promise to accommodate intuitions that have been thought to threaten views which link the fairness of an outcome either solely to the ex ante distribution or solely to the ex post distribution. I argue, to the contrary, that the egalitarian mixed view is mistaken. In particular, I argue that the distinction at the heart of the view – that between outcomes and changes to probabilities – is morally arbitrary at best and incoherent at worst. I consider possible responses to the charge and find them wanting. I note that the failure of the egalitarian mixed view has significant consequences for policy, including most importantly for how we should interpret the goal of fair equality of opportunity. (shrink)

Policy-makers must sometimes choose between an alternative which has somewhat lower expected value for each person, but which will substantially improve the outcomes of the worst off, or an alternative which has somewhat higher expected value for each person, but which will leave those who end up worst off substantially less well off. The popular ex ante Pareto principle requires the choice of the alternative with higher expected utility for each. We argue that ex ante Pareto ought to (...) be rejected because it conflicts with the requirement that, when possible, one ought to decide as one would with full information. We apply our argument in an analysis of US policy on screening for breast cancer. -/- . (shrink)

In this note, I provide an axiomatic characterization of the relative utilitarian bargaining solution to Nash bargaining problems. The solution is obtained when Nash’s independence of irrelevant alternatives axiom is replaced by the weak linearity axiom, while retaining the other three axioms. RU maximizes the sum of proportional gains, or, equivalently, minimizes the sum of proportional losses. RU is scale invariant and compared to the Nash and Kalai and Smorodinsky solutions, it is ex ante efficient when the bargaining problem (...) is considered as a lottery of future bargaining problems. (shrink)

El giro afectivo ingresó como matriz de discusión conceptual durante el pasaje entre los siglos XX y XXI y, entre muchos otros debates, argumentó a favor de la productividad de la distinción entre afecto y emoción. El objetivo de este trabajo es señalar el tipo de intervención que sobre la cuestión desarrolló la filosofía feminista antes de la irrupción de esta tradición y, en segundo lugar, establecer qué contenido se le puede dar en este marco a la idea de agencia. (...) El nodo del argumento obliga a recorrer una serie de intervenciones fundamentales de la filósofa feminista Iris Marion Young quien, de acuerdo con mi evaluación, señaló algunos de los efectos políticos problemáticos de ciertos argumentos que, hasta el día de hoy, conforman el corazón del giro afectivo en su versión más ortodoxa. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...) The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

Unreasonable expectations about the nature and character of scientific knowledge support the widespread political assumption that predictive scientific assessments are a necessary precursor to environmental decision making. All too often, the practical outcome of this assumption is that scientific uncertainty becomes a ready-made dodge for what is in reality just a difficult political decision. Interdisciplinary assessments necessary to address complex environmental policy issues invariably result in findings that are inherently contestable, especially when applied in the unrestrained realm of partisan politics. (...) In this article, the authors argue that predictive scientific assessments are inherently limited in the extent to which they can guide policy development and that rigorous scientific assessments can be much more valuable in the role of ex post policy evaluation than they can in the context of ex ante policy formulation. (shrink)

In this paper, I propose and defend a distinct and novel approach to compensation for risk impositions. I call it the Risk-Pooling System of compensation. This system suggests that when X performs an action that imposes a risk of harm to Y, then X is liable to Y, and is therefore obliged to make an ex ante compensation that is roughly equivalent to the expected cost of potential harm to a social- risk pool. If and when Y suffers harm (...) as a result of the risk imposed by X, they then receive an ex post compensation roughly equivalent to the cost of actual harm suffered. This system of compensation creates a social buffer between the risk imposer – the one who has the duty to pay compensation into the pool – and the victim – the one who has the right to receive compensation from the social pool. I contend that the Risk-Pooling System is an improvement over its alternatives due to its capacity to produce the best social utilities, particularly, in terms of reducing information costs, obtaining optimal deterrence in the society and creating incentives for people to be engaged in social activities. (shrink)

We investigate the conflict between the ex ante and ex post criteria of social welfare in a new framework of individual and social decisions, which distinguishes between two sources of uncertainty, here interpreted as an objective and a subjective source respectively. This framework makes it possible to endow the individuals and society not only with ex ante and ex post preferences, as is usually done, but also with interim preferences of two kinds, and correspondingly, to introduce interim forms (...) of the Pareto principle. After characterizing the ex ante and ex post criteria, we present a first solution to their conflict that extends the former as much possible in the direction of the latter. Then, we present a second solution, which goes in the opposite direction, and is also maximally assertive. Both solutions translate the assumed Pareto conditions into weighted additive utility representations, and both attribute to the individuals common probability values on the objective source of uncertainty, and different probability values on the subjective source. We discuss these solutions in terms of two conceptual arguments, i.e., the by now classic spurious unanimity argument and a novel informational argument labelled complementary ignorance. The paper complies with the standard economic methodology of basing probability and utility representations on preference axioms, but for the sake of completeness, also considers a construal of objective uncertainty based on the assumption of an exogeneously given probability measure. JEL classification: D70; D81. (shrink)

We propose to discuss about the possession and expression of a capacity that empowers individuals to act as citizens. First, elements of Aristotelian politics are presented as arguments for civility as a capacity inherent in the social nature of human beings. Then, according a contractualist interpretations, the individual becomes a citizen to the extent that he forms an agreement with the other members of society. A first finding refers to the fact that with contractualism, the individual has lost the (...) inherence of his civic action and must define himself as a citizen if he meets the extrinsically given requirements Likewise, it is indicated that the expression of civility has been interfered with by an idea of individual freedom understood in negative terms. However, before returning to Aristotelian perspective, it is necessary to redefine the idea of freedom that guides civic interaction, advocating for a social and intrinsically motivated citizenship. Proponemos discutir sobre la posesión y expresión de una capacidad que faculta a los individuos para actuar como ciudadanos. Primero, se exponen aspectos de la política aristotélica como argumentos en favor de la civilidad como una capacidad inherente a la naturaleza social de los seres humanos. Luego, desde una interpretación contractualista, el individuo se convierte en ciudadano en la medida en que establece acuerdos con los demás miembros de la sociedad. Así, una primera constatación se refiere a que, con el contractualismo, el individuo ha perdido la inherencia de su acción cívica y es definido como ciudadano en la medida en que cumple requisitos dados extrínsecamente. Asimismo, se indica que la expresión de civilidad se ha visto interferida por una idea de libertad individual entendida en términos negativos. Sin embargo, antes de retomar una perspectiva aristotélica, es necesario redefinir la idea de libertad que guía la interacción cívica, abogando por una ciudadanía social e intrínsecamente motivada. (shrink)