The concept of rationality, predominantly in the guise of rational choice theory, plays a key role in the social sciences. Yet, whilst rational choice theory is usually understood as part of positive political science, it is also widely employed within normative political theories. In this paper, we examine how allegedly positive rational choice arguments can find application within normative political theories. To this effect, we distinguish between two interpretations of rationality ascriptions, one empirical, the other normative. Since, as we demonstrate, (...) empirical readings of the rationality assumption cannot convincingly explain the role of rational choice arguments in normative theories, we argue that the rationality assumption should be given a normative interpretation. We conclude by considering what this result implies for the use of rational choice arguments in normative and positive political science. (shrink)

Michael Moehler’s Minimal Morality: A Multilevel Social Contract Theory makes important contributions to the social contract tradition, particularly in exploring how social contract theories can address challenges that arise from deep moral pluralism. Fundamentally, the work provides a multilevel account of morality, though simplified for presentation as a two-level view of morality. These two levels of morality differ significantly in their form and in their contexts of applicability. One level is that of ‘traditional morality’, involving a rich set of practices, (...) motivations and shared values common to many mainstream moral theories. For instance, John Rawls provides a version of traditional morality in the form of principles of justice grounded in a shared conception of society as a system of cooperation between free and equal citizens motivated by a sense of justice. The second level is that of ‘minimal morality’, for which the book is named. Minimal morality is grounded in purely prudential and instrumental reasoning, and thus does not rely upon any special moral commitments or motivations. This latter level of morality, Moehler argues, is particularly important for societies possessing extremely deep moral pluralism rather than the moral consensus necessary for traditional moral. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

In Book 1 of Plato’s Republic, Thrasymachus contends two major claims: (1) justice is the advantage of the stronger, and (2) justice is the good of the other, while injustice is to one’s own profit and advantage. In the beginning of Book II, Glaucon self-proclaims that he will be representing Thrasymachus’ claims in a better way, and provides a story of how justice has originated from a state of nature situation. However, Glaucon’s story of the origin of justice has an (...) implication that justice is the advantage of the weak rather than the stronger. This is inconsistent with Thrasymachus’ first claim which states that justice is the advantage of the stronger. This is a problem for Glaucon since Glaucon is supposed to be representing Thrasymachus’ original claims in a better way. In this paper, I provide two solutions to this puzzle with the help of elementary game theory. (shrink)

Can genealogical explanations affect the space of reasons? Those who think so commonly face two objections. The first objection maintains that attempts to derive reasons from claims about the genesis of something commit the genetic fallacy—they conflate genesis and justification. One way for genealogies to side-step this objection is to focus on the functional origins of practices—to show that, given certain facts about us and our environment, certain conceptual practices are rational because apt responses. But this invites a second objection, (...) which maintains that attempts to derive current from original function suffer from continuity failure—the conditions in response to which something originated no longer obtain. This paper shows how normatively ambitious genealogies can steer clear of both problems. It first maps out various ways in which genealogies can involve non-fallacious genetic arguments before arguing that some genealogies do not invite the charge of the genetic fallacy if they are interpreted as revealing the original functions of conceptual practices. However, they then incur the burden of showing that the conditions relative to which practices function continuously obtain. Taking its cue from the genealogies of E. J. Craig, Bernard Williams, and Miranda Fricker, the paper shows how model-based genealogies can avoid continuity failures by identifying bases of continuity in the demands we face. (shrink)

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 deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of harm. (...) In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost–benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. (shrink)

The chapter reviews recent theoretical and empirical developments concerning the theory of team reasoning in game theoretic interactions.

Recent rapid advances in Artificial Intelligence (AI) and Machine Learning have raised many questions about the regulatory and governance mechanisms for autonomous machines. Many commentators, scholars, and policy-makers now call for ensuring that algorithms governing our lives are transparent, fair, and accountable. Here, I propose a conceptual framework for the regulation of AI and algorithmic systems. I argue that we need tools to program, debug and maintain an algorithmic social contract, a pact between various human stakeholders, mediated by machines. To (...) achieve this, we can adapt the concept of human-in-the-loop (HITL) from the fields of modeling and simulation, and interactive machine learning. In particular, I propose an agenda I call society-in-the-loop (SITL), which combines the HITL control paradigm with mechanisms for negotiating the values of various stakeholders affected by AI systems, and monitoring compliance with the agreement. In short, ‘SITL = HITL + Social Contract.’. (shrink)

This essay is part of an attempt to reconcile two extreme views in economics: the (neglected) subjective, apriorist approach and the (standard) objective, scientific (i.e., falsifiable) approach. The Austrian subjective view of value, building on Carl Menger’s theory of value, was developed into a theory of economics as being entirely an a priori theory of action. This probably finds its most extreme statement in Ludwig von Mises’ Human Action (1949). In contrast, the standard economic view has developed into making falsifiable (...) predictions about economic phenomena whereby the truth of the assumptions, especially about economic agents, is relatively unimportant: predictive fecundity is all. This finds an extreme statement in Milton Friedman’s introductory essay in his Essays in Positive Economics (1953). However, many economists fall somewhere between the two extremes, such as McKenzie and Tullock (1978). (shrink)

Eudaemonism is the common structure of the family of theories in which the central moral conception is eudaemonia , understood as "living well" or "having a good life." In its best form, the virtues are understood as constitutive and therefore essential means to achieving or having such a life. What I seek to do is to lay the groundwork for an approach to eudaemonism grounded in practical reason, and especially in instrumental reasoning, rather than in natural teleology. In the first (...) chapter, I argue that an approach based in natural teleology will not work. In the second, the claims of decision theory to be an adequate formal representation of instrumental reasoning are examined and found wanting. In the third, I develop an account of ordinary instrumental reasoning. In the fourth, I discuss the structure of eudaemonism, with the aim of showing that there is an intelligible and attractive doctrine that can be disentangled from the natural teleology. In the fifth, I sketch an argument showing that instrumental reasoning, as explicated in the third chapter, can bear on the selection of final and ultimate ends, and that it is plausible that the instrumental approach to moral theory that I am urging yields conclusions with a eudaemonistic structure. I also indicate directions for further development and exploration. (shrink)

Many have argued that a rational agent's attitude towards a proposition may be better represented by a probability range than by a single number. I show that in such cases an agent will have unstable betting behaviour, and so will behave in an unpredictable way. I use this point to argue against a range of responses to the ‘two bets’ argument for sharp probabilities.

Unlike mainstream Cyrenaics, the Annicereans deny that friendship is chosen only because of its usefulness. Instead, the wise person cares for her friend and endures pains for him because of her goodwill and love. Nonetheless, the Annicereans maintain that your own pleasure is the telos and that a friend’s happiness isn’t intrinsically choiceworthy. Their position appears internally inconsistent or to attribute doublethink to the wise person. But we can avoid these problems. We have good textual grounds to attribute to the (...) Annicereans a doctrine of “non-hedonic habits,” which allows them to abandon psychological hedonism while still maintaining hedonism regarding well-being. (shrink)

We are agents: we can deliberate about what to do, and then act on the basis of that deliberation. We are also capable of normative self-governance: we can identify and respond to reasons as reasons. Many theorists believe that these two capacities are intimately connected. On the basis of this connection they conclude that practical reasoning must be carried out under the guise of a justification. This paper explores two strategies for avoiding that conclusion. The first, which just denies the (...) connection between agency and normative self-governance, is rejected as too costly, since it leaves the normative significance of agency unexplained. The second, which suggests that we can respond to a consideration as a reason without representing it as a reason, seems more promising, but it requires a reductive account of reasons for action. The upshot is that metaethics and action theory are entwined in ways that few have recognized. (shrink)

The following thesis starts from the question «why be moral?» and adresses an action-theoretic strategy for answering this question in the positive by reference to the constitutive natur of actions. In these debates, the epistemology of action has turned into a central issue. The thesis adresses these debates and develops a novel account of the epistemology: an account that may well turn out to provide a ground for the aforementioned constitutivist strategies.

We are moral apes, a difference between humans and our relatives that has received significant recent attention in the evolutionary literature. Evolutionary accounts of morality have often been recruited in support of error theory: moral language is truth-apt, but substantive moral claims are never true. In this article, we: locate evolutionary error theory within the broader framework of the relationship between folk conceptions of a domain and our best scientific conception of that same domain; within that broader framework, argue that (...) error theory and vindication are two ends of a continuum, and that in the light of our best science, many folk conceptual structures are neither hopelessly wrong nor fully vindicated; and argue that while there is no full vindication of morality, no seamless reduction of normative facts to natural facts, nevertheless one important strand in the evolutionary history of moral thinking does support reductive naturalism—moral facts are facts about cooperation, and the conditions and practices that support or undermine it. In making our case for, we first respond to the important error theoretic argument that the appeal to moral facts is explanatorily redundant, and second, we make a positive case that true moral beliefs are a ‘fuel for success’, a map by which we steer, flexibly, in a variety of social interactions. The vindication, we stress, is at most partial: moral cognition is a complex mosaic, with a complex genealogy, and selection for truth-tracking is only one thread in that genealogy. (shrink)

Authority figures permeate our daily lives, particularly, our political lives. What makes authority legitimate? The current debates about the legitimacy of authority are characterised by two opposing strategies. The first establish the legitimacy of authority on the basis of the content of the authority’s command. That is, if the content of the commands meet some independent normative standard then they are legitimate. However, there have been many recent criticisms of this strategy which focus on a particular shortcoming – namely, its (...) seeming inability to account for who can legitimately command whom. This is the basis of the second strategy, which attempts to characterize the normative relationship that underlies and makes possible authoritative commands. The central point of Part I is that these two strategies are, in fact, not opposed and both raise questions which a theory of legitimacy must answer. If this is the case, then we need to ask: how ought we to determine the legitimacy both of the content of commands as well as who can command whom? Part II will answer this question. Starting with the question of standing, I argue that we ought not to look for normative principles outside of the institutions in which authority is embedded. Rather, one ought to start by elaborating the ontology of institutions in which a sui generis form of normativity arises. A joint commitment account of social ontology provides the tools necessary to see how the direction obligations emerge concurrently with the formation of institutions. Similarly, the question of content can be answered by paying close attention to the social ontology of institutions. We need not look beyond the internal constitutive standards of the institution itself. The constitutive standards provide an internal criterion by which the legitimacy of commands can be established. (shrink)

So-called evolutionary error theorists, such as Michael Ruse and Richard Joyce, have argued that naturalistic accounts of the moral sentiments lead us to adopt an error theory approach to morality. Roughly, the argument is that an appreciation of the etiology of those sentiments undermines any reason to think that they track moral truth and, furthermore, undermines any reason to think that moral truth actually exists. I argue that this approach offers us a false dichotomy between error theory and some form (...) of moral realism. While accepting the presuppositions of the evolutionary error theorist, I argue that contract-based approaches to morality can be sensitive to those presuppositions while still vindicating morality. Invoking Stephen Darwall’s distinction between contractualism and contractarianism, I go on to offer an evolutionary-based contractarianism. (shrink)

We confront the philosophical literature on fair division problems with axiomatic and game-theoretic work in economics. Firstly, we show that the proportionality method advocated in Curtis is not implied by a general principle of fairness, and that the proportional rule cannot be explicated axiomatically from that very principle. Secondly, we suggest that Broome’s notion of claims is too restrictive and that game-theoretic approaches can rectify this shortcoming. More generally, we argue that axiomatic and game-theoretic work in economics is an indispensable (...) ingredient of any theorizing about fair division problems and allocative justice. (shrink)

The incompleteness problem for virtue ethics is inherited by a virtue-based theory of argumentation as developed by Daniel Cohen. A complete normative theory of argumentation should be able to provide reasons for why argumentative virtues such as open-mindedness are worthwhile, along with being able to resolve conflicts of such virtues. Adumbrating virtue-based argumentation theory with a pragmatic utilitarian approach constitutes a more complete theory that can account for why argumentative virtues are worthwhile.

Many of the problems we face can usefully be modeled as prisoners’ dilemmas. All the standard game-theoretic solutions to prisoners’ dilemmas lead, in the real world, to assurance games. But too often some aspects of our social interaction are as much obscured by, as illuminated by, game theory. Removing some of the epistemic constraints often accepted by game theorists will enable us to distinguish between productive and destructive prisoners’ dilemmas. Doing so is an important step in understanding the nature of (...) some of our social problems. (shrink)

O presente artigo aborda o papel do indivíduo nos programas de fundamentação dos direitos humanos, bem como a encruzilhada metodológica à qual eles estão fadados ao esbarrarem na contraposição entre natureza e contrato. Se, por um lado, alguns destes programas defendem a tese dos direitos naturais e afirmam a existência de direitos que os seres humanos possuiriam em razão de sua própria natureza e independente de qualquer convenção ou artifício; por outro, esta tese é rechaçada e substituída pelo argumento do (...) contrato, a partir do qual os indivíduos negociam a adesão a cláusulas convencionadas por suas próprias vontades. Ambos os tipos de programas podem cair nas armadilhas metafísicas do fundacionalismo ao pressupor o mesmo marco metodológico, a saber, o indivíduo, seja a partir de um estado fictício de natureza, seja a partir de um momento prévio de negociação das cláusulas do contrato. Toda fundamentação de direitos humanos está equivocada na medida em que intenta dar razões e fundamentar direitos por meio do indivíduo-sujeito de direito, que é pressuposto como ser racional, livre e igual a todos os outros homens – e esse é o pressuposto tanto das doutrinas dos direitos naturais quanto do contratualismo moral. (shrink)

In "The Virtues of Sharing" I defend two central theses: that sharing is our most overarching ethical ideal, and that virtue ethics is able to serve as a comprehensive and free-standing approach to moral theory. My arguments for these theses are intertwined, because they are also designed to show how a virtue-ethical theory that treats the "Will to Share" as the basis of moral agency helps to resolve the contemporary Justice/Care Debate.

I argue that capabilities approaches are useful in formulating a political theory that takes seriously the needs of persons with severe cognitive disabilities (PSCD). I establish three adequacy criteria for theories of justice that take seriously the needs of PSCD: A) understanding PSCD as oppressed, B) positing a single standard of what is owed to PSCD abled individuals, and C) concern with flourishing as well as political liberty. I claim that conceiving valued capabilities as the end of social distribution may (...) help a political theory to meet these criteria.I posit three further adequacy criteria: D) refusing to see PSCD as less than human, E) valuing moral powers other than practical reason, and F) securing space for care and dependency relationships. I show that how well Elizabeth Anderson and Martha Nussbaum’s capabilities approaches meet these criteria depends on their divergent conceptions of what capabilities are for. I sketch another capabilities approach that might better meet the three latter criteria (inspired by Lawrence Becker and Eva Kittay’s work), that conceives capabilities as for agency and relationship. (shrink)

In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...) point about philosophical argumentation, namely, that anticipating objections to one’s claim is not the same as supporting one’s claim. In other words, defending p from objections does not amount to support or evidence for p. This, in turn, presents dialectical and pragma-dialectical approaches to argumentation with the following question: does proper argumentation require that arguers anticipate and respond to unconceived objections? (shrink)

This is a short introductory article. I focus on three questions: What is instrumental rationality? What are the principles of instrumental rationality? Could instrumental rationality be all of practical rationality?

This paper argues that practical reasoning is a mental process which leads a person from a set of existent mental states to an intention. In Section 1, I defend this view against two other proposals according to which practical reasoning either concludes in an action itself or in a normative belief. Section 2 discusses the correctness of practical reasoning and explains how the correctness of instrumental reasoning can be explained by the logical relations that hold between the contents of the (...) mental states. In Section 3, I explore the correctness of normative practical reasoning. I conclude with the sceptical view that correct practical reasoning cannot require us to intend to do what we believe we ought to do. (shrink)

This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...) benefits exceed its total costs faces the standard distributional challenges of consequentialism. Forms of contractualism have been proposed as a solution, but how exactly such theories can be formulated remains problematic, especially when confronted with the difficult cases of mass, novel, risk such as climate change. (shrink)

David Gauthier claims that it can be rational to co-operate in a prisoner's dilemma if one has adopted a disposition constraining one's self from maximizing one's individual expected utility, i.e., a constrained maximizer disposition. But I claim cooperation cannot be both voluntary and constrained. In resolving this tension I ask what constrained maximizer dispositions might be. One possibility is that they are rationally acquired, irrevocable psychological mechanisms which determine but do not rationalize cooperation. Another possibility is that they are rationally (...) acquired preference-functions rationalizing cooperation as maximizing. I argue that if they are the first thing, then their adoption fails to make co-operation rational even if, as Gauthier also claims, actions are rational if they express rational dispositions. I then suggest that taking constrained maximizer dispositions to be things of the second sort would result in them being able to make co-operation rational, and that so-taking them therefore serves the bulk and spirit of Gauthier's larger claims, which I reconstruct accordingly. (shrink)

ABSTRACT: David Braybrooke argues that the core of the natural law theory of Thomas Aquinas survived in the work of Hobbes, Locke, Hume, and Rousseau. Much to my surprise, Braybrooke argues as well that David Copp’s society-centered moral theory is a secular version of this same natural law theory. Braybrooke makes a good case that there is an important idea about morality that is shared by the great philosophers in his group and that this idea is also found in Copp’s (...) work. The idea is captured by the Functionalist Thesis, the thesis that moral propositions are made true by facts about what, given the nature of human beings and their circumstances, enables people to live together in thriving communities. I argue that Copp can accept Braybrooke’s suggestion and use it to improve his formulation of the basic idea of the society-centered theory. RÉSUMÉ : David Braybrooke soutient que l’idée centrale de la théorie du droit naturel de Thomas d’Aquin a survécu dans les œuvres de Hobbes, Locke, Hume et Rousseau. À mon grand étonnement, Braybrooke soutient aussi que la théorie morale société-centrique de David Copp est une version séculaire de cette même théorie du droit naturel. Braybrooke argumente de façon convaincante que les œuvres de ces grands philosophes partagent une idée centrale relative à la moralité et que cette idée se retrouve aussi chez Copp. Cette idée est la Thèse Fonctionnaliste, c’est-à-dire la thèse selon laquelle les faits moraux sont des faits concernant ce qui rend les membres de la société capables de vivre ensemble dans des communautés florissantes, étant donné la nature des êtres humains et les circonstances de leurs vies. Je soutiens que Copp peut reprendre à son compte les arguments de Braybrooke, et ainsi améliorer la formulation de l’idée centrale de sa théorie société-centrique. (shrink)

The Cyrenaics assert that (1) particular pleasure is the highest good, and happiness is valued not for its own sake, but only for the sake of the particular pleasures that compose it; (2) we should not forego present pleasures for the sake of obtaining greater pleasure in the future. Their anti-eudaimonism and lack of future-concern do not follow from their hedonism. So why do they assert (1) and (2)? After reviewing and criticizing the proposals put forward by Annas, Irwin and (...) Tsouna, I offer two possible reconstructions. In the first reconstruction, I explain claim (1) as follows: happiness has no value above and beyond the value of the particular pleasures that compose it. Also, there is no "structure" to happiness. The Cyrenaics are targeting the thesis that happiness involves having the activities of one's life forming an organized whole, the value of which cannot be reduced to the value of the experiences within that life. I explain claim (2) as follows: a maximally pleasant life is valuable, but the best way to achieve it is to concentrate heedlessly on the present. In the second reconstruction, the good is radically relativized to one's present preferences. The Cyrenaics assert that we desire some particular pleasure, e.g., the pleasure that results from having this drink now. Thus, our telos -- which is based upon our desires -- is this particular pleasure, not (generic) 'pleasure' or the maximization of pleasure over our lifetime. As our desires change, so does our telos. I conclude that the scanty texts we have do not allow us to decide conclusively between these reconstructions, but I give some reasons to support the second over the first. (shrink)

I argue that Gauthier's constrained-maximizer rationality is problematic. But standard Maximizing Rationality means one's preferences are only rational if it would not maximize on them to adopt new ones. In the Prisoner's Dilemma, it maximizes to adopt conditionally cooperative preferences. (These are detailed, with a view to avoiding problems of circularity of definition.) Morality then maximizes. I distinguish the roles played in rational choices and their bases by preferences, dispositions, moral and rational principles, the aim of rational action, and rational (...) decision rules. I argue that Maximizing Rationality necessarily structures conclusive reasons for action. Thus conations of any sort can base rational choices only if the conations are structured like a coherent preference function; rational actions maximize on such functions. Maximization-constraining dispositions cannot integrate into a coherent preference function. (shrink)

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Amartya Sen’s ethical theorizing helps feminists resolve the tensions between the claims of women’s particular perspectives and moral objectivity. His concept of ‘‘positional objectivity’’ highlights the epistemological significance of value judgments made from particular social positions, while holding that certain values may become widely shared. He shows how acknowledging positionality is consistent with affirming the universal value of democracy. This article builds on Sen’s work by proposing an analysis of democracy as a set of institutions that aims to intelligently utilize (...) positional information for shared ends. This epistemological analysis of democracy offers a way to understand the rationale for reserving political offices for women. From a political point of view, gendered positions are better thought of as an epistemological resource than as a ground of identity politics – that is, of parochial identification and solidarity. (shrink)

Intuitionism—in some form or another—is the most widely recognized and thoroughly discussed method of justification for moral theories. It rests on the claim that a moral theory must not deviate too much from our pre-theoretical moral convictions. In some form or another, this methodology goes back at least as far as Aristotle, and has been discussed, refined, and defended by such contemporary philosophers as John Rawls and Norman Daniels.There is, however, another methodology for constructing and defending moral theories. It draws (...) on premises about human nature or the nature of persons to support conclusions about the nature and structure of morality. This method—which I will call thenature to morality methodology—evaluates a moral claim or moral theory on the basis of its relation to some facts about the kind of beings we are. For brevity, I will use the term ‘nature-claims’ to refer to claims about human nature or the nature of persons, and the term ‘nature-facts’ to refer to true nature-claims. The nature-claims that have been used to support or criticize various moral theories include claims about human motivation, personal identity, the human soul, and the conceptual features of personhood or rational agency. (shrink)

The goal of this paper is to offer some remarks about how teachers, especially teachers of moral theories and arguments, should respond to insulting messages about disability that may be expressed in their courses. While there is a strong prima facie presumption for instructors to convey the truth as they see it, this is not an absolute requirement when the views they teach have a tendency to be insulting. I investigate some circumstances in which a moral view embeds and expresses (...) an insulting message about disability and I argue that affording due respect to their students requires ethics instructors to be alert to disparaging messages about disability and to send counter-messages when the views they teach give such messages. (shrink)

On many occasions, individuals are able to coordinate their actions. The first empirical evidence to this effect has been described by Schelling (1960) in an informal experiment. His results were corroborated many years later by Mehta et al. (1994a,b) and Bacharach and Bernasconi (1997). From the point of view of mainstream game theory, the success of individuals in coordinating their actions is something of a mystery. If there are two or more strict Nash equilibria, mainstream game theory has no means (...) of explaining why people tend to choose their part of one and the same equilibrium. Textbooks (see, e.g., Rasmusen, 1989 and Kreps, 1990) refer to the fact that players may use focal points (see Schelling (1960)) or social conventions (see Lewis (1969)). Both notions cannot easily be incorporated into mainstream game theory, however. The notion of social conventions has recently been extensively studied in the context of evolutionary game theory where a population of agents interacts with each other. The central focus of this paper, however, is on situations where a few players play a game only once and I study how they may coordinate their actions. (shrink)

The most influential justification of individual property rights is the Propertarian Argument. It is the idea that the institution of private property renders everyone better off, and crucially, even the worst-off members of society. A recent critique of the Argument is that it relies on an anthropologically false hypothesis – the idea, following Thomas Hobbes, that life in the state of nature is one of widespread scarcity and violence to which property rights are a solution. The present article seeks to (...) reformulate this Anthropological Objection in a way that more directly addresses Hobbes’ original argument. It then shows that private property is justified to the extent that it allows anyone to reclaim their free time. (shrink)

Rather than answering the broad question, ‘What is a just income?’, in this essay I consider one component of income—economic rent—under one understanding of justice—as giving people what they deserve. As it turns out, the answer to this more focused question is ‘no’. People do not deserve their economic rents, and there is no bar of justice to their confiscation. After briefly covering the concept of desert and explaining what economic rents are, I analyze six types of rent and show (...) that each is unjustified from the point of view of desert. I conclude by drawing some political and economic lessons from the preceding analysis, and by describing how these considerations can create a more just and efficient economy. (shrink)

The Erasmus Journal for Philosophy and Economics interviewed Kagan about his formative years; his work on death, the moral status of animals, and desert; his views on changing one’s mind and convergence in philosophy; and his advice for graduate students in moral philosophy.

In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...) 1797), and some of their contemporary followers, such as Rawls (1971) and Gauthier (1986). In its simplified form, the theory combines what I call traditional first-level morality with second-level pure instrumental morality and derives, in the form of the weak principle of universalization, a principle of conflict resolution that defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. I argue that, despite its ideal nature, this theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral pluralism, is unattainable. (shrink)

One of the distinctive features of Gerald Gaus’s public justification theory is his extensive use of the empirical data from the social sciences to support his normative claims. One such claim which stands out for its importance, within the context of Gaus’s theory, is the evolution of strong reciprocity: over time, members of large societies develop a tendency to follow social rules and punish defectors. This claim, in turn, is supported by several studies in experimental economics involving mixed motive games, (...) which show how subjects are inclined to punish, even at a net cost for themselves, any perceived violation of social norms such as fairness. While critics of Gaus’s theory focused mainly on whether the use of empirical evidence in a normative theory is prima facie admissible, in this paper I address two different issues. The first concerns the accuracy of the empirical evidence used by Gaus’s theory, and whether the conclusions advanced by the social scientists on the grounds of this evidence are actually sound. The second issue, on the other hand, concerns the consistency between the empirical assumptions underlying these experiments and the claims of Gaus’s theory. I argue that both concerns are warranted. On the one hand, there is empirical evidence that the rule-following behavior observed in experiments involving mixed motive games is context dependent: the tendency of subjects to follow rules and punish defectors is strongly correlated to the epistemic constraints, such as anonymity, commonly imposed during the experiments. On the other hand, these constraints hardly reflect the circumstances of life in modern societies, which is the context assumed by Gaus’s justificatory theory. I conclude that Gaus’s account of rule-following punishers is not altogether invalidated, but the empirical evidence from experimental economics is insufficient to support it. (shrink)

I argue, contrary to the consensus of most contemporary work in ethics, that there are no (fundamentally, distinctively) prudential reasons for action. That is to say: there is no class of reasons for action that is distinctively and fundamentally about the promotion of the agent’s own well-being. Considerations to do with the agent’s well-being can supply the agent with reasons only in virtue of her well-being mattering morally or in virtue of her caring about her own well-being. In both of (...) these cases, the way that such prudential considerations supply reasons for action is a way that the well-being of others can supply reasons for action too. (shrink)