In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in (...) patient-focused terms. Consequentialism and contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

T. M. Scanlon's magisterial book What We Owe to Each Other is surely one of the most sophisticated and important works of moral philosophy to have appeared for many years. It raises fundamental questions about all the main aspects of the subject, and I hope and expect that it will have a decisive influence on the shape and direction of moral philosophy in the years to come. In this essay I shall focus on four sets of issues raised by (...) Scanlon's systematic argument, with the aim of clarifying some of Scanlon's central assumptions and presenting alternatives at several key points. The perspective from which I offer these comments is that of a reader who is sympathetic to Scanlon's general approach but not yet convinced on various points of detail. (shrink)

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 of contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

The central idea of T. M. Scanlon’s “contractualism” has been well known to ethical theorists since Scanlon 1982. In What We Owe to Each Other it has grown into a comprehensive and impressively developed theory of the nature of right and wrong—or at least of what Scanlon regards as the most important of the “normative kinds” that go under the names of ‘right’ and ‘wrong’. Rejecting aggregative consequentialism, Scanlon aims to articulate principles of right and wrong for individual action (...) in such a way that the interests of each affected person are taken fairly into account. (shrink)

Part of T. M. Scanlon’s project in What We Owe to Each Other (1998) is to explain the importance and priority of moral reasons. But Scanlon also argues that this priority of moral reasons is compatible with the pursuit of other things we value, such as friendship. To this end, Scanlon claims that contractualist moral reasons internally accommodate our interests in such values. In this paper, I argue that Scanlon is unsuccessful in showing the compatibility of morality and the pursuit (...) of our other values. The contractualist may not be able to be a good friend. (shrink)

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 raised to it – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

Decisions to use antibiotics require that patient interests are balanced against the public good, that is, control of antibiotic resistance. Patients carry the risks of suboptimal antibiotic treatment and many physicians are reluctant to impose even small avoidable risks on patients. At the same time, antibiotics are overused and antibiotic-resistant microbes are contributing an increasing burden of adverse patient outcomes. It is the criteria that we can use to reject the use of antibiotics that is the focus of this paper. (...) Scanlon's contractualism explains why antibiotics should not be used to gain small benefits, even when the direct costs of antibiotics are low. We know that some individuals now (and probably more in the future will) carry a burden of irretrievable harm as a consequence of treatment- (antibiotic-) resistant infection. If we accept that the dominant justification for use of antibiotics is to prevent irretrievable harm to an individual or contact, then the use of antibiotics for self-limiting conditions, or for the treatment of individuals with conditions for which antibiotics do not substantially impact on outcomes (eg, in the latter stages of terminal illness), or for access based on preference or willingness to pay (internet or over-the-counter access), or the use of antibiotics as animal growth promoters can be rejected. Scanlon's approach also suggests that, with few new antibiotics in the pipeline and an increasing burden of disease attributable to resistant microbes, control of the spread of antibiotic-resistant microbes should be given increasing priority. (shrink)

My dissertation investigates the requirements of procreative justice. The procreative justice problem is that parents' interest in procreation conflicts with children's interest in optimal birth conditions. Intergenerational reciprocity is the principle that adjudicates this conflict: reciprocity dictates that children demand no more of their parents' procreative practices than they themselves are willing to abide by as adults and dig parents only procreate in accordance with principles dig they would have wanted their own parents to have followed. I develop a Rawlsian (...) Contractualist theory, grounded in the view of justice as the principles that would result from self-interested rational choice under fair bargaining conditions, i.e. unbiased rational prudence over the course of a lifetime by agents who know that they will be born children and grow into adults who may want to procreate. ;This deliberation yields three principles: The Obvious Principle bans procreation that undermines the interests of both prospective parents and prospective children or involves risking/sustaining a major burden for the sake of a minor benefit. The Balance Principle permits procreation only when it would not be irrational for the prospective parent to accept for herself the very same risk her procreation imposes on her prospective child, in exchange for permission to procreate under these circumstances. The Motivation Restriction requires that procreation be at least partially, yet still prominently, motivated by a desire to raise, nurture, love, and care for one's future child once it is born. These principles are defended against rival principles and applied to a wide variety of cases. ;Stymied by metaphysical paradoxes and confusion about persons and existence, contemporary ethicists have struggled to formulate a sound theory of procreative justice that provides more than bare-bones consideration of children's interests. I argue that these efforts have failed. Whereas procreative liberty principles, including Feinberg's Birth Rights and Parfit's Non-Identity Problem principles, neglect children's interests, strictly paternalistic principles, e.g. Benatar's Asymmetry principle, neglect parental interests. My theory of procreative justice provides a much needed middle-ground position which promotes and protects the interests of prospective parents and children. (shrink)

It is often claimed that irreducibly normative truths would have unacceptable metaphysical implications, and are incompatible with a scientific view of the world. The book argues, on the basis of a general account of the relevance of ontological questions, that this claim is mistaken. It is also a mistake to think that interpreting normative judgments as beliefs would make it impossible to explain their connection with action. An agent’s acceptance of a normative judgment can explain that agent’s subsequent action (...) because it is part of being a rational agent that such an agent’s beliefs about reasons normally, but not invariably, make a difference to the agent’s subsequent behavior. Because facts about reasons are not entities existing apart from us, there is no epistemological problem of how we can “be in touch with” such facts. There are serious worries about normative knowledge, but the problems involved are internal to the normative domain itself. The best solution to these problems would be an overall account of the domain of reasons in normative terms, supported by an argument from reflective equilibrium. But no existing account, constructivist, or based on desires or on an idea of rationality, is plausible, and no alternative is likely to succeed. Conclusions about reasons for action must rest on more piecemeal applications of the method of reflective equilibrium. (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)

Derek Parfit argues that everyone ought to follow the principles whose universal acceptance would make things go best. I present a counterexample: a world in which no one's moral beliefs have any motivating force. I explain how Parfit's metaethical commitments imply that such a world is possible, and why this possibility is a problem for Parfit's project of reconciling Kantianism, contractualism, and consequentialism. I consider two of Parfit's responses to my counterexample.

One of the central debates within contemporary Anglo-American political philosophy concerns how to formulate an egalitarian theory of distributive justice which gives coherent expression to egalitarian convictions and withstands the most powerful anti-egalitarian objections. This book brings together many of the key contributions to that debate by some of the world’s leading political philosophers: Richard Arneson, G.A. Cohen, Ronald Dworkin, Thomas Nagel, Derek Parfit, John Rawls, T.M. Scanlon, and Larry Temkin.

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 to the _expected effects on her. This assumption, I suggest, leads to counterintuitive results in cases where, although we do not know who will be affected, we do know that _someone will be. I then consider two proposals to supplement the complaint model with a direct appeal to aggregation. I argue that both are open to serious objections. (shrink)

Metaethics is often dominated by both realist views according to which moral claims are made true by either non-natural or natural properties and by non-cognitivist views according to which these claims express desire-like attitudes. It is sometimes suggested that constructivism is a fourth alternative, but it has remained opaque just how it differs from the other views. To solve this problem, this article first describes a clear constructivist theory based on Crispin Wright’s anti-realism. It then outlines an argumentative strategy that (...) can be used to argue against constructivist views about practical reasons. The rest of the article explains how the outlined constructivist metaethical framework, reasons, and contractualism in normative ethics can still be used to create a new viable metaethical constructivist position about right and wrong. (shrink)

§1. Introduction. With Hrushovski's proof of the function field Mordell-Lang conjecture [16] the relevance of geometric stability theory to diophantine geometry first came to light. A gulf between logicians and number theorists allowed for contradictory reactions. It has been asserted that Hrushovski's proof was simply an algebraic argument masked in the language of model theory. Another camp held that this theorem was merely a clever one-off. Still others regarded the argument as magical and asked whether such sorcery could unlock the (...) secrets of a wide coterie of number theoretic problems.In the intervening years each of these prejudices has been revealed as false though such attitudes are still common. The methods pioneered in [16] have been extended and applied to a number of other problems. At their best, these methods have been integrated into the general methods for solving diophantine problems. Moreover, the newer work suggests limits to the application of model theory to diophantine geometry. For example, all such known applications are connected with commutative algebraic groups. This need not be an intrinsic restriction, but its removal requires serious advances in the model theory of fields. (shrink)

Traditionally, T. M. Scanlon’s moral contractualism has been understood in terms of principle contractualism. In an earlier volume of this journal, however, Aaron Salomon argued that contractualists should shift their theory’s evaluative focal point away from principles in order to respond to the ideal world objection. After rejecting act contractualism as an alternative way of doing so, he suggested that contractualists should instead adopt a view he refers to as maxim contractualism. While I agree with Salomon (...) that his suggestion comes with important advantages, I argue in this discussion note that maxim contractualism cannot fully solve the problem that Salomon has raised against act contractualism. As a result, I conclude that contractualists should not be too quick in leaving principle contractualism behind. (shrink)

T. M. Scanlon’s work on the value of equality provides the resources for developing a powerful and distinctive contractualist egalitarian view. This view acknowledges a range of egalitarian concerns, of a diverse nature, and points us towards a picture of the place of equality in the normative landscape that is richer and more complex than some other alternative views. I describe the outlines of this contractualist egalitarian view, addressing questions regarding its strength and scope. I then discuss the relationship of (...) equality to other values, such as fairness and community, and examine the contrast between contractualist egalitarian and luck egalitarian views. I conclude with a sketch of some of the practical implications that might follow from further pursuit of Scanlon’s insights on the value of equality, in the hope that this may suggest an interesting direction of travel for further work. (shrink)

Derek Parfit's Reasons and Persons (1984) mounted a striking defense of Act Consequentialism against a Rawls-inspired Kantian orthodoxy in moral philosophy. On What Matters (2011) is notable for its serious engagement with Kant's ethics and for its arguments in support of the “Triple Theory,” which allies Rule Consequentialism with Kantian and Scanlonian Contractualism against Act Consequentialism as a theory of moral right. This critical notice argues that what underlies this change is a view of the deontic concept of (...) moral rightness that ties it closely to blameworthiness and accountability in a way that effectively concedes a Rawlsian publicity condition. It is also argued that Parfit's arguments that Kantian and Scanlonian Contractualism entail Rule Consequentialism can be resisted. Two elements of Parfit's metaethics are critically discussed. First, concerning Parfit's arguments against subjectivist theories of practical reason, it is argued that a form of subjectivist theory exists that is not only consistent with Parfit's claim that all reasons for acting are object rather than state given, but that can support that claim. Second, it is argued that Parfit's arguments against identifying normative with natural statements and facts do not transfer seamlessly to identifying normative with natural properties. (shrink)

T.M. Scanlon’s contractualism holds that an action is morally wrong when and because it is ruled out by any set of principles for the general regulation of behaviour that no one could reasonably reject as a basis for informed, unforced, general agreement. This Contractualist Thesis offers a powerful normative ethical theory. Yet Scanlon’s case for it also comes from its help in answering a question that is more naturally classified as metaethical: what account can we give of what wrongness (...) is that explains its reason-giving force? Scanlon initially formulated his contractualist answer to that question as a reductive property-identification: the property of wrongness just is the property of being ruled out by principles for the general regulation of behaviour that no one could reasonably reject. In later work, he abandons the property-identification, while continuing to maintain that his contractualism supplies an “account of wrongness” that best explains its distinctive reason-giving force. But once a property-reduction is ruled out, what kind of claim could a contractualist “account of wrongness” be making that could indeed explain its reason-giving force? We distinguish four candidates and point out problems with three of them. We then offer a proposal for developing the fourth into a form that can address those problems. We argue that this provides the best prospect for a contractualist view that speaks to the concerns behind Scanlon’s question. But it does not deliver everything Scanlon is after; in particular, it falls short of a vindication of the Contractualist Thesis itself. (shrink)

I did not, as James Sterba writes, claim to have explained "the asymmetry view." I claimed that, since my suggested explanation makes it impossible to solve the Paradox of Future Individuals, "we must abandon" one of its essential premises (my p. i52). Sterba's main claim is that my suggested explanation "does not so much explain or justify the [asymmetry] view as simply restate it." Is this so? My explanation assumed (W) that an act cannot be wrong if it will not (...) be bad for any of the people who ever live.' Sterba asks why we should not appeal instead to one of my Wide Principles, which are concerned with possible effects on people who might have lived. And he suggests that, since "the only ground" for preferring (W) is that it explains the asymmetry view, (W) cannot explain this view. There are other grounds for appealing to (W), such as those provided by certain theories about the nature of moral reasoning. On Scanlon's theory, for example, our fundamental moral motive is "to be able to justify one's actions to others on grounds that they could not reasonably reject.'" We may claim that, on such a theory, an act cannot be wrong unless it will affect someone in a way that cannot be justified unless there will be some complainant whose complaint cannot be answered. Similarly, Brandt suggests that, by the phrase "is morally wrong," we should mean "would be prohibited by any moral code which all fully rational persons would tend to support... for the society of the agent, if they expected to spend a lifetime in that society."> It seems likely that, on the chosen.. (shrink)

This book collects major original essays developed from lectures given at the award of the Lauener Prize 2016 to T. M. Scanlon for his outstanding oeuvre in Analytical philosophy. In "Contractualism and Justification," Scanlon identifies some difficulties in his theory and explores possible ways to deal with them. In "Improving Scanlon’s Contractualism," D. Parfit recommends revisions and extensions of Scanlon’s theory, while R. Forst suggests in "Justification Fundamentalism" that Scanlon may want to replace reason with justification as his (...) foundational concept. T. Nagel raises fundamental questions concerning "Moral Reality and Moral Progress," and S. Mantel offers in "On How to Explain Rational Motivation" a critical discussion of Scanlon’s cognitivist theory of motivation. Z. Stemplowska does the same for Scanlon’s conception of responsibility in "Substantive Responsibility and the Causal Thesis," and S. Olsaretti suggests in "Equality of Opportunity and Justified Inequalities" an alternative to Scanlon’s arguments against economic inequalities. All contributors receive extensive replies by Scanlon. For anyone interested in Scanlon’s seminal work in moral and political philosophy, the present volume is utterly indispensable. (shrink)

The primary purpose of this essay is to offer a critique of a particular program within moral and political philosophy. This program can be stated quite succinctly. It is to account for agents' being subject to deontic restrictions on the basis of their possession of agent-relative reasons for acting in accordance with those restrictions. Needless to say, the statement of this program requires some further explication. Specifically, two claims require explanation: the reasons individuals have for or against engaging in (...) particular actions are, at least to a very significant extent, agent-relative rather than agent-neutral; and agents' conduct toward others is subject to deontic restrictions. Finally, I need to explain why an agent's possession of agent-relative reasons for performing or refraining from certain actions may be thought to explain that agent's being subject to certain deontic restrictions. (shrink)

The deontic status of tautologies and contradictions is one of the major puzzles for authors of early works on deontic logic. It is well-known that von Wright addresses this problem by adopting a Principle of Deontic Contingency, which says that tautologies are not necessarily obligatory and contradictions are not necessarily forbidden. A more radical solution is proposed by Anderson within a reductionist approach to deontic logic and consists in restricting the range of application of deontic (...) modalities to contingent propositions. Anderson’s solution has not received much attention in the literature, despite reflecting a typical feature of ordinary deontic reasoning, where non-contingent propositions are rarely, if ever, taken into account. In the present article we explore some of its formal consequences, providing a taxonomy of the properties of the Andersonian operators of obligation and permission for contingent propositions, O′ and P′, in the class of normal alethic systems. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism (...) is a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

One of the reasons why Kantian contractualism has been seen as an appealing alternative to utilitarianism is that it seems to be able to avoid utilitarianism's extreme demandingness, while retaining a fully impartial moral point of view. I argue that in the current state of the world, contractualist obligations to help those in need are not significantly less demanding than utilitarian obligations. I also argue that while a plausible version of utilitarianism would be considerably less demanding if the state (...) of the world were different, a central aspect of contractualism means that it would remain exceedingly demanding in any practically realizable state of the world. (shrink)

In On What Matters Derek Parfit advocates the Kantian Contractualist Formula as one of three supreme moral principles. In important cases, this formula entails that it is wrong for an agent to act in a way that would be partially best. In contrast, Parfit’s wide value-based objective view of reasons entails that the agent often have sufficient reasons to perform such acts. It seems then that agents might have sufficient reasons to act wrongly. In this paper I will argue that (...) such reasons are a symptom of a fundamental inconsistency between the Kantian Contractualist Formula and Parfit’s view of reasons. The formula requires that we consider what everyone could rationally will, while a wide value-based objective view requires that we consider only what the agent has sufficient reasons for doing. The same inconsistency is particularly obvious in Parfit’s version of the Consent Principle, which share important features with the Kantian Contractualist Formula. Parfit accepts that moral principles might entail that we sometimes have sufficient reasons to act wrongly. However, to accept that supreme moral principles have such implications is objectionable if you, like Parfit, also hold that principles with such implications should be rejected or revised. I suggest that we could abandon the requirement that we have to consider the reasons of everyone. This would make the Kantian Contractualist Formula consistent with Parfit’s view of reasons, at least in this respect. I also argue that we can keep most implications of the Kantian Contractualist Formula that Parfit finds attractive. (shrink)

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 not to do the acts that are forbidden by those principles. In this paper, I try to argue that neither one of these claims is true. (shrink)

This essay explores the reasons for thinking that Scanlon's contractualist principle serves merely as a ?spare wheel?, an element that spins along nicely but bears no real weight, because it presupposes too much of what it should be explaning. The ambitions and scope of Scanlon's contractualism are discussed, as is Scanlon's thesis that contracualism will assess candidate moral principles individually rather than as sets. The final third of the paper critizes Scanlon's account of fairness and (...) his approach to cases where agents can save either one person or many people. (shrink)

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)

This paper provides a defense of the following thesis: When there is reasonable disagreement over the design of morally necessary collective action schemes, it would not be reasonable to reject the authority of a democratic decision procedure to settle these disputes. My first argument is a straightforward application of contractualist reasoning, and mirrors T. M. Scanlon's defense of a principle of fairness for the distribution of benefits produced by a cooperative scheme. My second argument develops and defends the intuition (...) that treating others morally requires respecting their exercise of moral judgment, or a sense of justice. I conclude by addressing the problem of disagreement over the design of the democratic decision procedure itself, and rebutting Jeremy Waldron's claim that democratic authority is incompatible with judicial review. (shrink)

Brad Hooker’s rule-consequentialism and T.M. Scanlon’s contractualism have been some of the most debated ethical theories in normative ethics during the last twenty years or so. This article suggests that these theories can be compared at two levels. Firstly, what are the deep, structural differences between the rule-consequentialist and contractualist frameworks in which Hooker and Scanlon formulate their views? Secondly, what are the more superficial differences between Hooker’s and Scanlon’s formulations of these theories? Based on exploring these questions and (...) several purported differences between Hooker’s and Scanlon’s views, this article argues that, at the structural level, the two theories are more similar than previous recognised. It suggests that there is only one candidate for a deeper difference and even it may not be that significant. This insight sheds new light on both contractualism and rule-consequentialism, and it will also help us to formulate better versions of the views. (shrink)

In this paper, I provide a defense of rule consequentialism that does not appeal to the “guiding teleological idea” according to which the final ground of moral assessment must lie in effects on well-being. My defense also avoids appeals to intuition. It is a contractualist defense. Many forms of contractualism can, with only minor tweaking, be used to defend rule consequentialism. In this paper I show how one specific form of contractualism does the job. This argument is inspired (...) by a version of contractualism briefly discussed by Tim Mulgan and by his claim that it converges with rule consequentialism, given certain restrictions. I show that Mulgan’s own argument for convergence is seriously flawed, but that a variation on his contractualism does converge with rule consequentialism, and it does it without Mulgan’s own restrictions. Though Mulgan himself does not treat convergence as an argument for rule consequentialism—his own argument is heavily intuitionistic—I claim that convergence provides significant support for rule consequentialism. (shrink)

I will begin this paper by identifying the problem within the theory of ethics, which contractualism as a moral theory is attempting to address. It is not that of solving the problem of moral motivation like the ‘arch-contractualist’, Thomas Scanlon, often claims, but rather that of describing a class of fundamental moral reasons – contractualist reasons for short. In the second section, I will defend the contractualist idea of how the nature of these moral reasons provides us with sufficient, (...) independent tools to construct the content of public moral principles. The rest of my paper is defensive. It addresses the main challenges set to the contractualist account of moral reasons. In the third section, I will discuss a frequent objection according to which the contractualist reasons are a redundant addition to the space of moral reasons. In the fourth section, I will examine the worry that acting from these reasons would not lead to morally admirable action but rather to vice. In the last section, I will investigate the criticism according to which the normative force of the contractualist reasons is insufficient for rationalising our moral actions in certain difficult circumstances. In this section, we get to the heart of the matter – what the reasons contractualism describes truly are, and how they can explain the generally overriding strength of our moral requirements. I hope to conclude that even after these serious challenges contractualism remains a philosophically viable account of morality's rationalistic appeal. (shrink)

T. M. Scanlon’s contractualist account of morality is articulated alongside and built upon groundbreaking work on moral motivation. According to Scanlon, the central challenge of providing an account of moral motivation is navigating “Prichard’s Dilemma,” which requires that an account be both helpfully explanatory and morally relevant. Scanlon’s own solution is that one has a reason to act rightly because doing so is an aspect of living with others on terms they could accept. There is much to like about this (...) account, and so, in this paper, I begin with many of Scanlon’s assumptions. I then argue that Scanlon’s own account of moral motivation fails to navigate Prichard’s Dilemma, as does another solution that I derive from his broader view. I then close by suggesting that an account of moral motivation must be “complex,” involving different reasons to satisfy the competing desiderata of Prichard’s Dilemma. (shrink)

In this paper, I defend a metaethical position described as ‘actual agreement contractualism’: the view that norms arise from actual attempts to arrive at legitimate terms for social cooperation among all those affected. I distinguish the actual agreement approach from hypothetical approaches to contractualism, and defend the former against objections from Thomas Scanlon, in particular. The attractiveness of a focus on actual agreements, I argue, is seen in the way it resolves problems internal to the hypothetical approach as (...) well as in its implications for the purpose of moral theory and for the obligation to justify our actions to others.Dans cet article, je défends une position métaéthique pouvant être désignée comme «contractualisme de l’accord réel», soit la position voulant que les normes découlent d’efforts réels pour s’entendre sur les termes légitimes de la coopération sociale entre tous ceux qui sont touchés. Je distingue cette approche des approches hypothétiques du contractualisme et je défends la première, notamment contre les objections de Thomas Scanlon. L’attrait d’une approche basée sur les accords réels se voit dans la façon dont elle permet de résoudre certains problèmes internes de l'approche hypothétique, mais aussi dans ce qu’elle implique quant à l'objet de la théorie morale et quant à l'obligation de justifier nos actions auprès des autres. (shrink)

In this paper we explore a class of belief update operators, in which the definition of the operator is compositional with respect to the sentence to be added. The goal is to provide an update operator that is intuitive, in that its definition is based on a recursive decomposition of the update sentence’s structure, and that may be reasonably implemented. In addressing update, we first provide a definition phrased in terms of the models of a knowledge base. While this operator (...) satisfies a core group of the benchmark Katsuno Mendelzon update postulates, not all of the postulates are satisfied. Other Katsuno Mendelzon postulates can be obtained by suitably restricting the syntactic form of the sentence for update, as we show. In restricting the syntactic form of the sentence for update, we also obtain a hierarchy of update operators with Winslett’s standard semantics as the most basic interesting approach captured. We subsequently give an algorithm which captures this approach; in the general case the algorithm is exponential, but with some not unreasonable assumptions we obtain an algorithm that is linear in the size of the knowledge base. Hence the resulting approach has much better complexity characteristics than other operators in some situations. We also explore other compositional belief change operators: erasure is developed as a dual operator to update; we show that a forget operator is definable in terms of update; and we give a definition of the compositional revision operator. We obtain that compositional revision, under the most natural definition, yields the Satoh revision operator. (shrink)

This paper is a short review of T.M. Scanlon's book What We Owe to Each Other. The book itself is already a philosophical classic. It defends a contractualist ethical theory but also has many interesting things to say about reasons, value, well-being, promises, relativism, and so on.

This article examines the character of Scanlon’s contractualism as presented in What We Owe to Each Other . I offer a range of reasons for thinking of Scanlon’s contractualism as a species of natural rights theorizing. I argue that to affirm the principle that actions are wrongful if and only if they are disallowed by principles that people could not reasonably reject is equivalent to affirming a natural right (of an admittedly non-standard sort) against being subject to such (...) reasonably disallowed actions. I argue that Scanlon’s invocation of the value of human life can be seen as an attempted grounding for this principle that is akin to standard natural rights attempts to ground fundamental rights. Lastly, I argue that the invocation of the value of human life does not in fact well support the sort of requirement of justifiability to others that characterizes this contractualist variant on natural rights theorizing; if anything, it better supports the sort of ascriptions of rights characteristic of traditional natural rights theorizing. Key Words: contractualism • natural rights • justifiability to others • wrongfulness. (shrink)

The Complaint Model is an interpretation of Scanlon’s contractualism which holds that (1) an individual can reasonably reject a distribution of well-being when her complaint against that distribution is larger than any other person’s complaint against any other distribution. The Complaint Model further holds that (2) the size of an individual’s complaint against a distribution is a function of (2a) her absolute level of well-being under that distribution, with the size of her complaint increasing as her absolute level of (...) well-being decreases, and (2b) the size of her loss in well-being under that distribution relative to the level of well-being she could have enjoyed under the distribution most favourable to her, with the size of her complaint increasing as her loss increases. In this paper, I argue that the Complaint Model should be rejected, because the way in which it takes individuals’ losses into account leads to strongly counterintuitive results. In particular, I show that the Complaint Model may sacrifice the well-being associated with the least-well-off, secondleast-well-off, etc. positions for the sake of minimizing the largest complaint. I also argue that revisions to element (1) to allow for the aggregation of complaints must either leave the Complaint Model vulnerable to this objection or lead it to collapse into prioritarianism. The failure of the Complaint Model may lead us to search for an alternative way of taking losses into account. I conclude by arguing that the attractiveness of the Anonymous Pareto principle poses a challenge to any such alternative. (shrink)

We care not only about how people treat us, but also what they believe of us. If I believe that you’re a bad tipper given your race, I’ve wronged you. But, what if you are a bad tipper? It is commonly argued that the way racist beliefs wrong is that the racist believer either misrepresents reality, organizes facts in a misleading way that distorts the truth, or engages in fallacious reasoning. In this paper, I present a case that challenges (...) this orthodoxy: the case of the supposedly rational racist. We live in a world that has been, and continues to be, structured by racist attitudes and institutions. As a result, the evidence might be stacked in favour of racist beliefs. But, if there are racist beliefs that reflect reality and are rationally justified, what could be wrong with them? Moreover, how do I wrong you by believing what I epistemically ought believe given the evidence? To address this challenge, we must recognize that there are not only epistemic norms governing belief, but moral ones as well. This view, however, is at odds with the assumption that moral obligation requires a kind of voluntary control that we lack with regard to our beliefs. This background assumption motivates many philosophers to try to explain away the appearance that beliefs can wrong by locating the wrong elsewhere, e.g., in an agent’s actions. Further, even accounts that accept the thesis that racist beliefs can wrong restrict the class of beliefs that wrong to beliefs that are either false or the result of hot irrationality, e.g., the racist belief is a result of ill-will. In this paper I argue that although the these accounts will capture many of the wrongs associated with racist beliefs, they will be only partial explanations because they cannot explain the wrong committed by the supposedly rational racist. The challenge posed by the supposedly rational racist concerns our epistemic practices in a non-ideal world. The world is an unjust place, and there may be many morally objectionable beliefs it justifies. To address this challenge, we must seriously consider the thesis people wrong others in virtue of what they believe about them, and not just in virtue of what they do. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities (...) of businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

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 (...) these problems in a CBA frame. The second section argues that CBA fundamentally distorts the normative landscape in two ways: first, in principle, it allows very many morally trivial preferences—say, for a coffee—might outweigh morally weighty life-and-death concerns; second, it is insensitive to the core moral distinction between victims and vectors of disease. The third section sketches our non-consequentialist alternative, grounded in Thomas Scanlon’s contractualist moral theory. On this account, the ethics of self-defence implies a strong default presumption in favour of a highly restrictive, universal lockdown policy: we then ask whether there are alternatives to such a policy which are justifiable to all affected parties, paying particular attention to the complaints of those most burdened by policy. In the fourth section, we defend our contractualist approach against the charge that it is impractical or counterintuitive, noting that actual CBAs face similar, or worse, challenges. (shrink)