Results for 'contractualism'

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  1. Contractualism and the Foundations of Morality.Nicholas Southwood - 2010 - Oxford University Press.
    Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. This book argues otherwise. It begins by detailing and diagnosing the shortcomings of the main existing models of contractualism, “Hobbesian” contractualism (or contractarianism) and “Kantian” contractualism. It then proposes a novel, "deliberative" model, based on an interpersonal, deliberative conception of practical reason. It argues (...)
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  2. Contractualism for Us As We Are.Nicholas Southwood - 2019 - Philosophy and Phenomenological Research 99 (3):529-547.
    A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to (...)
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  3. Contractualism and Risk Imposition.James Lenman - 2008 - Politics, Philosophy and Economics 7 (1):99-122.
    The article investigates the resources of contractualist moral theory to make sense of the ethics of risk imposition. In some ways, contractualism seems well placed to explain how it can be reasonable to accept exposure to risk of harms whose direct imposition would not be acceptable. However, there are difficulties getting clear about what directness comes to here, especially given the difficulty of adequately motivating traditional views that assign ethical significance to what the agent intends as opposed to merely (...)
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  4. Can Contractualism Save Us From Aggregation?Barbara H. Fried - 2012 - The Journal of Ethics 16 (1):39-66.
    This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...)
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  5. Contractualism and Utilitarianism.Thomas M. Scanlon - 1982 - In Amartya Kumar Sen & Bernard Arthur Owen Williams (eds.), Utilitarianism and Beyond. Cambridge University Press. pp. 103--128.
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  6.  83
    Relational Contractualism and Future Persons.Michael Gibb - 2016 - Journal of Moral Philosophy 13 (2):135-160.
    _ Source: _Volume 13, Issue 2, pp 135 - 160 A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable (...)
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  7. Contractualism and the Non-Identity Problem.Elizabeth Finneron-Burns - 2016 - Ethical Theory and Moral Practice 19 (5):1151-1163.
    This paper argues that T.M. Scanlon’s contractualism can provide a solution to the non-identity problem. It first argues that there is no reason not to include future people in the realm of those to whom we owe justification, but that merely possible people are not included. It then goes on to argue that a person could reasonably reject a principle that left them with a barely worth living life even though that principle caused them to exist, and that current (...)
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  8. Contractualism.Jussi Suikkanen - 2020 - Cambridge: Cambridge University Press.
    This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version (...)
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  9. Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An (...)
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  10. Contractualism and Social Risk.Johann Frick - 2015 - Philosophy and Public Affairs 43 (3):175-223.
  11. Utilitarianism, Contractualism and Demandingness.Alison Hills - 2010 - Philosophical Quarterly 60 (239):225-242.
    One familiar criticism of utilitarianism is that it is too demanding. It requires us to promote the happiness of others, even at the expense of our own projects, our integrity, or the welfare of our friends and family. Recently Ashford has defended utilitarianism, arguing that it provides compelling reasons for demanding duties to help the needy, and that other moral theories, notably contractualism, are committed to comparably stringent duties. In response, I argue that utilitarianism is even more demanding than (...)
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  12. Moral Contractualism.Nicholas Southwood - 2009 - Philosophy Compass 4 (6):926-937.
    This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been (...)
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  13. Contractualism and the Conditional Fallacy.Jussi Suikkanen - 2014 - Oxford Studies in Normative Ethics 4:113-137.
    Most contractualist ethical theories have a subjunctivist structure. This means that they attempt to make sense of right and wrong in terms of a set of principles which would be accepted in some idealized, non-actual circumstances. This makes these views vulnerable to the so-called conditional fallacy objection. The moral principles that are appropriate for the idealized circumstances fail to give a correct account of what is right and wrong in the ordinary situations. This chapter uses two versions of contractualism (...)
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  14.  48
    Contractualism's (Not so) Slippery Slope.Aaron James - 2012 - Legal Theory 18 (3):263-292.
    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 (...)
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  15. A Contractualist Reading of Kant's Proof of the Formula of Humanity.Adam Cureton - 2013 - Kantian Review 18 (3):363-386.
    Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy (...)
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  16.  62
    Contractualism and Deontic Restrictions.Jeffrey Brand‐Ballard - 2004 - Ethics 114 (2):269-300.
    In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. (...)
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  17.  27
    Contractualism and the paradox of deontology.Victor Mardellat - 2020 - Philosophical Studies 177 (12):3749-3774.
    Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, (...)
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  18. Contractualism on Saving the Many.R. Kumar - 2001 - Analysis 61 (2):165-170.
  19. Contractualism and Aggregation.Sophia Reibetanz - 1998 - Ethics 108 (2):296-311.
    I argue that T.M. Scanlon's contractualist account of morality has difficulty accommodating our intuitions about the moral relevance of the number of people affected by an action. I first consider the "Complaint Model" of reasonable rejection, which restricts the grounds for an individual's rejection of a principle to its effects upon herself. I argue that it can accommodate our intuitions about numbers only if we assume that, whenever we do not know who will be affected, each individual may appeal only (...)
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  20. Contractualism and Poverty Relief.Pablo Gilabert - 2007 - Social Theory and Practice 33 (2):277-310.
  21.  44
    Risk, Contractualism, and Rose's "Prevention Paradox".S. D. John - 2014 - Social Theory and Practice 40 (1):28-50.
    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 (...)
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  22.  19
    Risk, Contractualism, and Rose's.S. D. John - 2014 - Social Theory and Practice 40 (1):28-50.
    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 (...)
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  23. Contractualism and the Counter-Culture Challenge.Jussi Suikkanen - 2017 - Oxford Studies in Normative Ethics 7:184-206.
    T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of (...)
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  24. Contractualism and Climate Change.Jussi Suikkanen - 2014 - In Marcello Di Paola & Gianfranco Pellegrino (eds.), Canned Heat: Ethics and Politics of Climate Change. Routledge. pp. 115-128.
    Climate change is ‘a complex problem raising issues across and between a large number of disciplines, including physical and life sciences, political science, economics, and psychology, to name just a few’ (Gardiner 2006: 397). It is also a moral problem. Therefore, in this chapter, I will consider what kind of a contribution an ethical theory called ‘contractualism’ can make to the climate change debates. This chapter first introduces contractualism. It then describes a simple climate change scenario. The third (...)
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  25. Contractarianism, Contractualism.Stephen L. Darwall (ed.) - 2002 - Wiley-Blackwell.
    Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.
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  26.  69
    Contractualism.Elizabeth Ashford - 2008 - Stanford Encyclopedia of Philosophy.
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  27.  2
    The Anti-Utilitarianism and Anti-Contractualism of Smithian Iurisprudence.Anti-Contractualism Of Smithian - 2013 - In Christopher J. Berry, Maria Pia Paganelli & Craig Smith (eds.), The Oxford Handbook of Adam Smith. Oxford University Press.
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  28. Contractualism and Utilitarianism.T. M. Scanlon - 1998 - In James Rachels (ed.), Ethical Theory 2: Theories About How We Should Live. Oxford University Press.
     
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  29.  49
    Contractualism and the Significance of Perspective-Taking.Peter Timmerman - 2015 - Ethical Theory and Moral Practice 18 (5):909-925.
    Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that (...)
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  30. Contractualism and Aggregation.Norcross Alastair - 2002 - Social Theory and Practice 28 (2):303-314.
  31. Contractualist Replies to the Redundancy Objections.Jussi Suikkanen - 2005 - Theoria 71 (1):38-58.
    This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons (...)
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  32.  54
    Contractualism, Politics, and Morality.Adam Hosein - 2013 - Acta Analytica 28 (4):495-508.
    Rawls developed a contractualist theory of social justice and Scanlon attempted to extend the Rawlsian framework to develop a theory of rightness, or morality more generally. I argue that there are some good reasons to adopt a contractualist theory of social justice, but that it is a mistake to adopt a contractualist theory of rightness. I begin by illustrating the major shared features of Scanlon and Rawls’ theories. I then show that the justification for these features in Rawls’ theory, the (...)
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  33.  31
    Should Contractualists Decompose?Kerah Gordon-Solmon - 2019 - Philosophy and Public Affairs 47 (3):259-287.
    Philosophy &Public Affairs, Volume 47, Issue 3, Page 259-287, Summer 2019.
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  34.  67
    Foundations and Applications for Contractualist Business Ethics.Pursey P. M. A. R. Heugens, J. & Muel Kaptein - 2006 - Journal of Business Ethics 68 (3):211-228.
    Contractualism is one of the most promising ‘centers of gravity’ in business ethics. In this guest editorial we provide a concise roadmap to the field, sketching contractualism’s historic and disciplinary antecedents, the basic argumentative structure of the contract model, and its boundary conditions. We also sketch two main dimensions along which contributions to the contractualist tradition can be positioned. The first dimension entails positive versus normative theorizing – does a given contribution analyze the world as it is or (...)
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  35.  25
    Costa, Cancer and Coronavirus: Contractualism as a Guide to the Ethics of Lockdown.Stephen David John & Emma J. Curran - forthcoming - Journal of Medical Ethics:medethics-2020-107103.
    Lockdown measures in response to the COVID-19 pandemic involve placing huge burdens on some members of society for the sake of benefiting other members of society. How should we decide when these policies are permissible? Many writers propose we should address this question using cost-benefit analysis, a broadly consequentialist approach. We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising. The first section sets up key issues in the ethics of lockdown, and sketches the apparent appeal of addressing (...)
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  36. Contractualism, Reciprocity, and Egalitarian Justice.Jonathan Quong - 2007 - Politics, Philosophy and Economics 6 (1):75-105.
    Can contractualism yield a suitably egalitarian conception of social justice? G.A. Cohen has forcefully argued that it cannot - that one cannot be both a contractualist and an egalitarian. Cohen presents a number of arguments to this effect, the particular target of which is John Rawls’s version of contractualism. In this article, I show that, contra Cohen, the Rawlsian model of contractualism, and the ideal of reciprocity on which it relies, can coherently yield egalitarian principles of distributive (...)
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  37.  6
    Contractualist Age Rationing Under Outbreak Circumstances.Lasse Nielsen - 2021 - Bioethics 35 (3):229-236.
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  38.  44
    Contractualism and Global Economic Justice.Leif Wenar - 2001 - Metaphilosophy 32 (1-2):79-94.
  39. Contractualism and the Normativity of Principles.Gerald Dworkin - 2002 - Ethics 112 (3):471-482.
    This is a study of the question of whether moral principles, as justified by a contractualist scheme, such as Scanlon's, are binding on persons, i.e., give them reasons to act in accordance with such principles. I argue that for those agents who meet the motivational conditions that Scanlon lays down, i.e., those who seek to reach agreement with others on principles that are not rejectable, such principles are binding. But on those who do not meet the motivational condition the principles (...)
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  40.  45
    Reductionist Contractualism: Moral Motivation and the Expanding Self.David W. Shoemaker - 2000 - Canadian Journal of Philosophy 30 (3):343-370.
    This paper attempts to show how a reductionist approach to the metaphysics of personal identity might well be most compatible with a form of contractualism, not utilitarianism.
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  41. Contractualism, Moral Motivation, and Practical Reason.Samuel Freeman - 1991 - Journal of Philosophy 88 (6):281-303.
    A discussion of T M Scanlon's contractualism as a foundational account of the nature of morality. The article discusses how contractualism provides an account of moral truth and objectivity that is based in an idealization of moral reasoning. It then develops contractualism's account of moral motivation to show how it provides a way to understand obscure but central aspects of Kantian views: the claims that moral reasons are of a special kind, and that moral motives have a (...)
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  42. Contractualism and Animals.Mark Bernstein - 1997 - Philosophical Studies 86 (1):49-72.
  43.  75
    Contractualism and Our Duties to Nonhuman Animals.Matthew Talbert - 2006 - Environmental Ethics 28 (2):201-215.
    The influential account of contractualist moral theory offered recently by T. M. Scanlon in What We Owe to Each Other is not intended to account for all the various moral commitments that people have; it covers only a narrow—though important—range of properly moral concerns and claims. Scanlon focuses on what he calls the morality of right and wrong or, as he puts it in his title, what we owe to each other. The question arises as to whether nonhuman animals can (...)
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  44.  28
    A Contractualist Defense of Democratic Authority.David Lefkowitz - 2005 - Ratio Juris 18 (3):346-364.
  45.  58
    Contractualism and Moral Status.Phillips David - 1998 - Social Theory and Practice 24 (2):183-204.
    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.
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  46.  34
    On Ex Ante Contractualism.Korbinian Rüger - 2018 - Journal of Ethics and Social Philosophy 13 (3).
    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 (...)
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  47. Dignity, Contractualism and Consequentialism.David Cummiskey - 2008 - Utilitas 20 (4):383-408.
    Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions of dignity, on the (...)
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  48. Contractualist Proposal.Rahul Kumar - 2009 - In Gosseries Axel & Meyers L. (eds.), Intergenerational Justice. Oxford University Press. pp. 251.
     
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  49. Reductionist Contractualism: Moral Motivation and the Expanding Self.David W. Shoemaker - 2000 - Canadian Journal of Philosophy 30 (3):343-370.
    According to a popular contemporary contractualist account of moral motivation, the most plausible explanation for why those who are concerned with morality take moral reasons seriously — why these reasons strike those who are moved by them with a particular inescapability — is that they stem from, and are grounded by, a desire to be able to justify one’s actions to others on grounds they could not reasonably reject.1 My.
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  50.  14
    Contractualism and Aggregation.Alastair Norcross - 2002 - Social Theory and Practice 28 (2):303-314.
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