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.

Artificial intelligence (AI) ethics is proposed as an emerging and interdisciplinary field concerned with addressing the ethical issues of AI, such as the issue of moral decision-making. The conflict between our intuitive moral judgments constitutes an inevitable obstacle to decision-making in AI ethics. This article outlines the Moral Relevance Approach, which could provide a considerable moral foundation for AI ethics. Taking moral relevance as the precondition of the consequentialist principles, the Moral Relevance Approach aims to plausibly consider individual moral claims. (...) It is not only the common ethical target shaping our moral consensus but also the inherent moral ability connecting others with us. (shrink)

Argues for the role of personal acquaintance in both love and concern for individuals, as such. The challenge is to say what personal acquaintance is and why it matters in the way it does. These questions are addressed through the work of Emmanuel Levinas. Topics include: the ethics of aggregation, the basis of moral standing, and the value of human life.

Ex-ante deontology is an attempt to combine deontological constraints on doing or intending harm with the idea that one should act in everyone’s interest if possible. I argue that ex-ante deontology has serious problems in cases where multiple decisions are to be made over time. I then argue that these problems force us to choose between commonsense deontological morality and a more consequentialist morality. I suggest that we should choose the latter.

This volume collects selected papers delivered at the 15th Conference of the International Society for Utilitarian Studies, which was held at Karlsruhe Institute of Technology in July 2018. It includes papers dealing with the past, present, and future of utilitarianism – the theory that human happiness is the fundamental moral value – as well as on its applications to animal ethics, population ethics, and the future of humanity, among other topics.

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)

Autonomous systems are machines that can alter their behavior without direct human oversight or control. How ought we to program them to behave? A plausible starting point is given by the Reduction to Acts Thesis, according to which we ought to program autonomous systems to do whatever a human agent ought to do in the same circumstances. Although the Reduction to Acts Thesis is initially appealing, we argue that it is false: it is sometimes permissible to program a machine to (...) do something that it would be wrong for a human to do. We advance two main arguments for this claim. First, the way an autonomous system will behave can be known in advance. This knowledge can indirectly affect the behavior of other agents, while the same may not be true at the time the system actually executes its programming. Second, a lack of knowledge of the identities of the victims and beneficiaries can provide a justification during the programming phase that would be unavailable to an agent at the time the autonomous system executes its programming. (shrink)

This paper develops an account of rigour in the use of thought experiments in ethics. I argue that there are two separate challenges to be faced. The first is internal validity: is the thought experiment designed in a way that allows its readers to make judgements that are confident and free of bias about the hypothesis or point of principle that it aims to test? The second is external validity: to what extent do ethical judgements that are correct of the (...) world of the thought experiment generalize to a wide variety of other contexts, including ethical decision-making in the actual world? Ensuring external validity is the harder and more important problem of rigour, yet it is one that few philosophers have even noticed, let alone begun to solve. (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...

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)

Many people hold the constraint against doing harm, the view that the reason against doing harm is stronger than the reason against merely allowing harm, everything else being equal. Mogensen and MacAskill (2021) have recently argued that when considering indirect long-term consequences of our everyday behavior, the constraint against doing harm faces a problem: it has the absurd implication that we should do as little as possible in our lives. In this paper, I explore the view that, for behavior that (...) does not increase anyone’s ex ante risk of suffering harm, the reason against doing harm is not stronger than the reason against merely allowing harm, everything else being equal. I argue that this view is plausible, show how it solves the paralysis problem, and defend it against objections. (shrink)

A growing number of decision theorists have, in recent years, defended the view that rationality is permissive under risk: Different rational agents may be more or less risk-averse or risk-inclined. This can result in them making different choices under risk even if they value outcomes in exactly the same way. One pressing question that arises once we grant such permissiveness is what attitude to risk we should implement when choosing on behalf of other people. Are we permitted to implement any (...) of the rationally permissible risk attitudes, is there some specific risk attitude that is required when choosing for others, or are we required to defer to the risk attitudes of the people on whose behalf we are choosing? This article elaborates on this question, explains its wider practical and theoretical significance, provides an overview of existing answers, and explores how to go about providing a more systematic account of how to choose on behalf of others in risky contexts. (shrink)

Imagine that one must either lose all of one’s certainty about some very important topic – about the meaning of life, for example – or a small amount of certainty about each of one’s more “mundane” beliefs – beliefs about the color of one’s socks, where one’s keys are, whether it will rain, etc. One ought to take the latter loss, no matter how many mundane beliefs are at stake. Conversely, if one had to give up a tiny bit of (...) certainty about the important topic, or all of one’s certainty about most mundane topics, one ought to take the former loss. These two judgments generate what I call the “epistemic headaches-for-lives challenge,” so called because it resembles a challenge in ethics about the relative values of headaches and lives. In this paper, I argue for two things. First, our epistemic theories should accord with these types of judgments, and so must deal with the headaches-for-lives challenge. Second, this is a serious challenge for formal epistemology. (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)

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)

Limited aggregation holds that we are only sometimes, not always, permitted to aggregate. Aggregation is permissible only when the harms and benefits are relevant to one another. But how should limited aggregation be extended to cases in which we are uncertain about what will happen? In this article, I provide a challenge to ex post limited aggregation. I reconstruct a precise version of ex post limited aggregation that relies on the notion of ex post claims. However, building a theory of (...) limited aggregation based on ex post claims leads to a dilemma. This shows that ex post limited aggregation is currently far away from being a well-defined alternative, strengthening the case for ex ante limited aggregation. (shrink)

Many philosophers think that we should use a lottery to decide who gets a good to which two persons have an equal claim but which only one person can get. Some philosophers think that we should save identified persons from harm even at the expense of saving a somewhat greater number of statistical persons from the same harm. I defend a principled way of justifying both judgements, namely, by appealing to the decreasing marginal moral value of survival chances. I identify (...) four desiderata that, I contend, any such justification should satisfy, and explain how my account meets these desiderata, unlike some previous accounts. (shrink)

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)

Many goods are distributed by processes that involve randomness. In lotteries, randomness is used to promote fairness. When taking social risks, randomness is a feature of the process. The losers of such decisions ought to be given a reason why they should accept the outcome. Surprisingly, good reasons demand more than merely equalex antechances. What is also required is a true statement of the form: ‘the result could easily have gone the other way and you could have been the winner’. (...) This rules in standard lotteries but rules out many lotteries based on merely epistemic probability. (shrink)

In this article, I argue for a distinct and novel right-based account of risks and I call it the Sophisticated High-risk Thesis. I argue that there is a distinction between rights-infringing risk impositions and no-rights-infringing risk impositions. An action imposing a high risk of harm infringes rights, whereas an act imposing a low risk of harm does not. I also suggest three principles that govern the permissibility of highly risky actions. If a highly risky action meets the conditions specified by (...) any of these three principles, it can be justified. These principles are the consent principle*, the prevent disaster principle* and the reciprocity principle**. I show that the Sophisticated High-risk Thesis is, in general, better than the alternative Risk Thesis defended by McCarthy. (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)

Psychologists and philosophers who pose moral dilemmas to understand moral judgment typically specify outcomes as certain to occur in them. This contrasts with real-life moral decision-making, which is almost always infused with probabilities (e.g., the probability of a given outcome if an action is or is not taken). Seven studies examine sensitivity to the size and location of shifts in probabilities of outcomes that would result from action in moral dilemmas. We find that moral judgments differ between actions that result (...) in an equal increase in probability of harm (equal size), but have different end-states (e.g., an increase in harm probability from 25% to 50% or from 50% to 75%). This deviation from expected value is robust under separate evaluation, and increases when the comparison between shifts is made explicit under simultaneous evaluation. Consistent with the centrality of perceived harm in some models of moral judgment, perceived harm partially mediates sensitivity to location of harm probability shift. Unlike for shifts in harm probabilities, participants are insensitive to the location of shifts in probability of beneficial outcomes. They are also insensitive to the location of shifts in probability of analogous monetary losses and gains, suggesting an asymmetry between harm and benefit in moral reasoning, as well as an asymmetry between moral and monetary decision-making more broadly. Implications for normative philosophical theory and moral psychological theory, as well as practical applications, are discussed. (shrink)

This paper offers a novel account of how complaints of unfairness arise in risky distributive cases. According to a recently proposed view in distributive ethics, the Competing Claims View, an individual has a claim to a benefit when her well-being is at stake, and the strength of this claim is determined by the expected gain to the individual’s well-being, along with how worse off the individual is compared to others. If an individual is at a lower level of well-being than (...) another, their claim to a given benefit is stronger. On this view, the strength of individuals’ claims are a function of their comparative well-being levels. In this paper, I instead argue that competing claims obtain only when a particular relationship obtains between the fates of individuals: that one individual’s gain is at the expense of another. This is a particular complaint that obtains when the fates of individuals are tied together in such a way that inequality that is to the detriment of the person who is worse off is guaranteed to obtain. I demonstrate that this complaint arises only when individuals are exposed to a particular type of risk that allows some to gain only if others lose. As such, I propose that complaints of unfairness occur less frequently than we might think if we take the Competing Claims View to be true. A purely comparative view is unable to account for this unique complaint of unfairness. I argue that this complaint is not only independently plausible, but can serve as a foundation for a more general account of competing claims complaints. (shrink)

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)

Imposing pure risks—risks that do not materialise into harm—is sometimes wrong. The Harm Account explains this wrongness by claiming that pure risks are harms. By contrast, The Autonomy Account claims that pure risks impede autonomy. We develop two objections to these influential accounts. The Separation Objection proceeds from the observation that, if it is wrong to v then it is sometimes wrong to risk v‐ing. The intuitive plausibility of this claim does not depend on any account of the facts that (...) ground moral wrongness. This suggests a close relationship between the factors that make an act wrong and the factors that make risking that act wrong, which both accounts fail to recognise. The Determinism Objection holds that both accounts fail to explain the wrongness of pure risks in a deterministic world. We then develop an alternative—The Buck‐Passing Account—that withstands both objections. (shrink)

I discuss the trilemma that consists of the following three principles being inconsistent: 1. The Common Principle: if one distribution, A, necessarily brings a higher total sum of personal value that is distributed in a more egalitarian way than another distribution, B, A is more valuable than B. 2. (Weak) ex-ante Pareto: if one uncertain distribution, A, is more valuable than another uncertain distribution, B, for each patient, A is more valuable than B. 3. Pluralism about attitudes to risk (Pluralism): (...) the personal value of a prospect is a weighted sum of the values of the prospect’s outcomes, but the weight each outcome gets might be different from the probability the prospect assigns to the outcome. (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)

When our choice affects some other person and the outcome is unknown, it has been argued that we should defer to their risk attitude, if known, or else default to use of a risk‐avoidant risk function. This, in turn, has been claimed to require the use of a risk‐avoidant risk function when making decisions that primarily affect future people, and to decrease the desirability of efforts to prevent human extinction, owing to the significant risks associated with continued human survival. I (...) raise objections to the claim that respect for others' risk attitudes requires risk‐avoidance when choosing for future generations. In particular, I argue that there is no known principle of interpersonal aggregation that yields acceptable results in variable population contexts and is consistent with a plausible ideal of respect for others' risk attitudes in fixed population cases. (shrink)

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, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (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)

As machine learning informs increasingly consequential decisions, different metrics have been proposed for measuring algorithmic bias or unfairness. Two popular “fairness measures” are calibration and equality of false positive rate. Each measure seems intuitively important, but notably, it is usually impossible to satisfy both measures. For this reason, a large literature in machine learning speaks of a “fairness tradeoff” between these two measures. This framing assumes that both measures are, in fact, capturing something important. To date, philosophers have seldom examined (...) this crucial assumption, and examined to what extent each measure actually tracks a normatively important property. This makes this inevitable statistical conflict – between calibration and false positive rate equality – an important topic for ethics. In this paper, I give an ethical framework for thinking about these measures and argue that, contrary to initial appearances, false positive rate equality is in fact morally irrelevant and does not measure fairness. (shrink)

According to the procreation asymmetry, we have strong pro tanto reason to do what prevents someone from coming into a miserable existence—an existence so bad that it would be rational to prefer having never been born—solely because it prevents them from coming into a miserable existence, but we do not have strong pro tanto reason to do what allows someone to come into a happy existence solely because it allows them to come into a happy existence. At best, the fact (...) that an act would create a happy person merely offsets the reasons we have to avoid that act—i.e., an act that would be impermissible because it brings a miserable person into existence could be rendered permissible if it also brought into existence enough happy people. In this paper, I first argue that there is an intuitive asymmetry in the offsetting weight of happy humans and the offsetting weight of happy animals: the offsetting weight of happy animal lives vis-à-vis miserable animal lives appears to be greater than the offsetting weight of happy human lives vis-à-vis miserable human lives. This is the Procreation Asymmetry Asymmetry. I then argue that there is no Procreation Asymmetry Asymmetry. The best explanation of why happy human lives have only weak offsetting weight implies that happy animal lives also have only weak offsetting weight. (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

How should deontologists approach decision-making under uncertainty, for an iterated decision problem? In this paper I explore the shortcomings of a simple expected value approach, using a novel example to raise questions about attitudes to risk, the moral significance of tiny probabilities, the independent moral reasons against imposing risks, the morality of sunk costs, and the role of agent-relativity in iterated decision problems.

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)

Many of the policy choices we face that have implications for the lives of future generations involve creating a risk that they will live lives that are significantly compromised. I argue that we can fruitfully make use of the resources of Scanlon’s contractualist account of moral reasoning to make sense of the intuitive idea that, in many cases, the objection to adopting a policy that puts the interest of future generations at risk is that doing so wrongs those who will (...) live in the further future. (shrink)

This paper presents a new puzzle for limited aggregation. Unlike other recent puzzles, this one arises independently of the issue of rational aversion to risk. Some possible responses are laid out and explored.

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that all (...) it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

Risk is implicit in economic development. When does a course of economic development ethically balance risk and likely benefit? This paper examines the view of risk we find in Amartya Sen’s work on development. It shows that Sen’s capabilities approach leads to a more sensitive understanding of risk than traditional utility theory. Sen’s approach also supplies the basis of an argument for risk aversion in interventions that affect economic development. Sen’s approach describes development as aiming at freedom. The paper shows (...) how this claim can be made compatible with the social and relational basis of African communitarianism. (shrink)

Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...) is a duty of fairness prohibiting line-cutting where a sufficiently just queue exists. Second, waiting time has several morally attractive features that can justify its incorporation into allocation schemes. Where candidates are in relevantly similar circumstances, allocating by waiting time is relatively efficient, maximizes distribution equality relative to other Pareto efficient distributions, and treats candidates fairly. The claim that allocation using waiting time is fair is controversial. Some have claimed that formal lotteries are a fairer way to select among equal beneficiaries. We argue that lotteries are no fairer than allocation based on waiting time when it is equiprobable how a prospective queue will be ordered. In practice, lotteries share many of the disadvantages of queues; which is fairer will depend on contingent features of the allocation scenario. The upshot is that first-come, first-served is in fact a just way to allocate resources in many of the cases where it seems pre-theoretically compelling, and waiting time has unique normative properties which frequently justify its incorporation into resource allocation schemes. (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)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...) non-aggregative moral views, which imply that the answer to both questions is ‘no’. In this paper, I review the most natural and influential ways of developing partially aggregative views and explain the main problems they face. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer “yes” and “no,” respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. In this article, I develop a risk-based reductio argument that shows that there can be no adequate partially aggregative view. (...) I then argue that the only plausible response to this reductio is to accept a fully aggregative view. (shrink)

Several philosophers have defended versions of Minimax Complaint, or MC. According to MC, other things equal, we should act in the way that minimises the strongest individual complaint. In this paper, I argue that MC must be rejected because it has implausible implications in certain cases involving risk. In these cases, we can apply MC either ex ante, by focusing on the complaints that could be made based on the prospects that an act gives to people, or ex post, by (...) focusing on the complaints that could be made based on the actual results that an act has for people. I argue that MC has implausible implications either way. I then defend a view on which, other things equal, we should act in the way that minimizes the sum of complaints. (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)

Particular persons have claims against being made worse off than they could have been. The literature, however, has focused primarily on only two-option cases; yet, these cases fail to capture all of the morally relevant factors, especially when a person’s existence is in question. This paper explores how to assess claims in multiple-option choice sets. We scrutinize the only extant proposal, offered by Michael Otsuka, which we call the Weakening View. In light of its problems, we develop an alternative: the (...) Combining View. The Weakening View holds that a person’s claim against a loss of well-being relative to one distribution is weakened by the availability of further alternatives relative to which the person gains well-being. By contrast, our view holds that a person has an overall claim for or against a certain distribution relative to the whole option set, where overall claims are second-order functions of the different pairwise claims. Finally, we defend the Combining View by exploring its implications for the impact of a person’s possible non-existence on their overall claims, and we develop a proposal for how the number of distributions relative to which a person gains or loses welfare influences the strength of their overall claims. (shrink)