In this thesis I present a rights-based theory of exploitation. I argue that successful conceptions of exploitation should begin with the ordinary language claim that exploitation involves `taking unfair advantage'. Consequently, they must combine an account of what it means to take advantage of another with an account of when transactions are unfair. Existing conceptions of exploitation fail to provide adequate accounts of both aspects of exploitation. -/- Hillel Steiner and John Roemer provide convincing accounts of the unfairness involved in (...) exploitation, but because they fail to provide restrictive `advantage taking' conditions, their theories of exploitation include cases that we would not ordinarily describe as exploitations. Ruth Sample and Robert Goodin provide accounts that place a stronger emphasis on the attitudes involved in exploitation and the processes that bring it about. Unfortunately, these theories do not properly incorporate the unfairness aspect of exploitation. Consequently, they are either self-frustrating or incomplete. -/- I provide a conception of exploitation that combines both aspects. I claim that a bilateral, strictly Pareto improving, and voluntary transaction t between A and B is exploitative just in case (1) there exists an unrectified property rights violation at some point in the history of exchanges leading to t that (2) reduces B's bargaining power by altering her status quo point, and (3) the degree to which B's preferences are satisfied in t is less than it would be had B's bargaining power not been reduced (by the alteration of her status quo point). Further, (4a) A's egoistic preferences are better satisfied in t because B's bargaining power is limited, and (4b) if the previous conditions also hold for A, then the reduction in A's bargaining power is less than the reduction in B's bargaining power. Finally, (5) A truly believes the previous conditions hold. (shrink)

This paper analyzes the political, philosophical, societal, legal, educational, biological, psychological and technological reasons why there is an urgent need for basic intercultural and interfaith ethics in the world and whether it is possible to formulate a valid code of such ethics. It is shown that universal ethics could be founded on natural law, which can be understood in both religious and secular ways. Alternatively, universal ethics could be based on a single supreme principle that is independent of worldview and (...) culture: human dignity. In accordance with these concepts, a minimalist and normative code of essential, self-evident universal ethical principles and norms is proposed. The implementation of universal ethics in society is a long-term political task that could be achieved by including universal ethics in the compulsory school curriculum of all countries and in the UNESCO agenda of Global Citizen Education. (shrink)

Much work in contemporary bioethics defends a broadly liberal view of human reproduction. I shall take this view to comprise (but not to be exhausted by) the following four claims.1 First, it is permissible both to reproduce and not to reproduce, either by traditional means or by means of assisted reproductive techniques such as IVF and genetic screening. Second, it is permissible either to reproduce or to adopt or otherwise foster an existing child to which one is not biologically related. (...) Third, it is permissible either to bring into existence a child with the greatest chance of a life of maximum human flourishing or to bring into existence a child with a life worth living but with less than the greatest chance of a life of maximum human flourishing. Fourth, it is impermissible to bring into existence a child whose life is either certain or likely to fall below some baseline of a human life minimally worth living. (shrink)

Banks have a central role and importance in all commerce and hence in all societies. This thesis investigates the ethical basis of banking practice with the aim of developing an account of the virtues appropriate to bankers and banking. One central issue concerns a conflict between the interests of banks and their customers, and how this conflict plays out in relation to the lending policies and fee structure of banks. Such lending policies can have a significant effect on banks, their (...) customers and a range of stakeholders. This research project investigated empirical evidence through qualitative interviews with senior bankers in two locations, Australia and Hong Kong, to elicit their thoughts on banking areas that involve customer interaction, namely, deposit-taking, credit cards, home mortgage loans, corporate finance, and foreign exchange. The institutions selected hold a substantial segment of banking business in their respective countries and are thus representative of bankers’ perspectives. The dissertation also entailed a case study of the causes and consequences of the American sub-prime crisis that was precipitated by the financial sector. The interviews revealed an assertion of good ethical conduct based on adherence to peer-determined codes of conduct and compliance with regulations. There was also a common predisposition to claims of corporate social responsibility and reputation preservation but these have tended to mask the powerful underlying sales thrust. A key finding of the study points to a lapse in ethical values in banks due to excessive reliance on self-interest. Although self-interest is not in itself wrong, there has been a lack of moderation vis-à-vis the interests of less powerful customers. A related finding is a prevailing resistance to regulation that is necessary to curtail selfish and irresponsible behaviour by banks. The interview subjects prefer industry self-regulation to government supervision. However, the banks in Australia and Hong Kong, which have been subjected to tighter regulation, have survived the global financial crisis better than their American counterparts despite complaints about the severity of their regulatory climate. There is a strong case to ascribe ethical failure to American practices that triggered the sub-prime calamities, which have devastated homeowners and the global economy. American banks and regulators both operated on the erroneous supposition that the quest after extreme profits would be restrained by free market forces. The conclusions allude to virtues that are necessary for banks to espouse moral conduct. These virtues can be embedded through leadership and cultural change. (shrink)

Opening sentences: "This paper concerns an argument which, in this author's experience, often comes up in discussions of 'Why be moral?' Although initially tempting, the argument is in error. The error warrants attention not only because it spoils the argument but because it connects to a second error which is easy to make. Both errors concern the relation between desires and (normative) practical reasons.".

Indigenous cultural possessions constitute a diverse global issue. This issue includes some culturally important, intangible tribal objects. This is evident in the Australian copyright cases viewed in this study, which provide examples of disputes over traditional Indigenous visual art. A proposal for the legal recognition of Indigenous cultural possessions in Australia is also reviewed, in terms of a new category of law. When such cultural objects are in an artistic form they constitute the tribe's self-presentation and its mechanism of cultural (...) continuity. Philosophical arguments for the legal recognition of Indigenous intellectual `property' tend to assume that the value of Indigenous intellectual property is determinable on external criteria. (shrink)

RÉSUMÉ: Une «situation de choix paradoxal» est une situation dans laquelle un agent connaîtrait davantage de succès en regard des préférences qu’il a effectivement, si ces préférences étaient différentes de ce qu’elles sont. Supposons que les agents rationnels ne choisissent pas à l’encontre de leurs préférences, que leur choix n’est déterminé que par ces préférences, et que leurs préférences intrinsèques ne changent pas de façon spontanée, automatique et directe sous l’influence de la critique rationnelle. Même dans de telles hypothèses, les (...) agents rationnels peuvent résoudre optimalement un éventail de situations de choix paradoxal au moyen de mécanismes qui les amènent à réviser leurs préférences. Dans cet article, je présente et défends un tel modèle de révision rationnelle des préférences. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

Egoism can be a descriptive or a normative position. Psychological egoism, the most famous descriptive position, claims that each person has but one ultimate aim: her own welfare. Normative forms of egoism make claims about what one ought to do, rather than describe what one does do. Ethical egoism claims that it is necessary and sufficient for an action to be morally right that it maximize one's self-interest. Rational egoism claims that it is necessary and sufficient for an action to (...) be rational that it maximize one's self-interest. (shrink)

The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...) conceived as a body of rules empowering individuals to shape their own rights and responsibilities presents an object of philosophical study. The philosophy of contract includes two broad sets of projects. One set, the focus of the first part of this entry, targets the basic structure and normative justification of the law of contracts. The aim is to subsume a salient body of contract law rules under general principles in order to clarify contract law’s conceptual categories, distinguish it from other areas of law, and specify criteria relevant to its normative appraisal. This kind of philosophical work presupposes detailed knowledge of the law in existing legal regimes, and the entry begins by outlining the common law of contracts. A second set of projects draws on resources from the philosophy of language, philosophy of action, and moral and political philosophy to address debates within contract law. Questions about the nature of meaning and interpretation, intentionality, freedom in contract, and distributive justice drive contemporary legal debates concerning contract formation, interpretation, and enforcement. Philosophical work on these topics has attracted significant commentary which serves as the focus of the second part of this entry. (shrink)

This is a comprehensive anthology of works concerning the nature of economics as a science, including classic texts and essays exploring specific branches and schools of economics. Apart from the classics, most of the selections in the third edition are new, as are the introduction and bibliography. No other anthology spans the whole field and offers a comprehensive introduction to questions about economic methodology.

Sometimes a series of choices do not serve one's concerns well even though each choice in the series seems perfectly well suited to serving one's concerns. In such cases, one has a dynamic choice problem. Otherwise put, one has a problem related to the fact that one's choices are spread out over time. This survey reviews some of the challenging choice situations and problematic preference structures that can prompt dynamic choice problems. It also reviews some proposed solutions, and explains how (...) some familiar but potentially puzzling phenomena — including, for example, self-destructive addictive behavior and dangerous environmental destruction — have been illuminated by dynamic choice theory. (shrink)

“Neurodiversity” is associated with the struggle for the civil rights of all those diagnosed with neurological or neurodevelopmental disorders. Two basic approaches in the struggle for what might be described as “neuro-equality” are taken up in the literature: There is a challenge to current nosology that pathologizes all of the phenotypes associated with neurological or neurodevelopmental disorders ); there is a challenge to those extant social institutions that either expressly or inadvertently model a social hierarchy where the interests or needs (...) of individuals are ranked relative to what is regarded as properly functioning cognitive capacities. In this paper, we explore some of the reasons justifying which make it an important tool for achieving greater neuro-equality, while still recognizing its limitations for achieving this goal. Particularly, we explore how an appeal to functionality and neurological diversity can support a re-seeing of at least certain forms of ASD. (shrink)

David Gauthier in his article, Maximization constrained: the rationality of cooperation, tries to defend of the joint strategy in situations which no outcome is both equilibrium and optimal. Prisoner’s Dilemma is the most familiar example of these situations. He first starts with some quotes by Hobbes in Leviathan; Hobbes, in chapter 15 discusses an objection by someone is called Foole, and then will reject his view. In response to Foole, Hobbes presents two strategies (i.e. joint and individual) and two kinds (...) of agents in such problems including Prisoner’s Dilemma – i.e. straightforward maximizer (SM) and constrained maximizer(CM). Then he considers two arguments respectively for SM and CM, and he will show that why in an ideal and transparent situation, the first argument fails and the second one would be the only valid argument. likewise, in the following part of his article, he considers more realistic situations with translucency and he concludes that under some conditions, joint strategy would be still the rational decision. (shrink)

Robert Nozick, in chapter two of the nature of rationality, proposes two famous problems in decision theory (i.e., Newcomb's problem and Prisoner Dilemma) and two main strategies toward these problems i.e. dominant strategy and dominated or cooperative one. He will try to give a formal principles to calculate the decision values in these situations. In this calculation he goes beyond the standard principle of maximizing expected utility and would try to put forth less ideal and more realistic principles that fit (...) the decision situation in the real world. (shrink)

What is morality’s scope? Should all our actions be evaluated morally? Is it necessary to be causally responsible for harm to have a responsibility to reduce it? Is there a morally relevant distinction between those consequences of our actions which we intend or do and those which we foresee but do not intend or allow but do not do? Is helping others a matter of supererogation (i.e. beyond the call of moral duty) or a matter of obligation? These are crucial (...) questions that need to be debated in normative and applied ethics. However, they were not raised seriously and independently until the last decades of the 20th century. There are several answers to these questions. This paper defends the answers of an approach which is called “moderate morality.” So, at first, it defines “moderate morality,” and pays heed to the views of its opponents, including Peter Singer, Shelly Kagan, and Peter Unger. Then, it tries to defend “moderate morality” based on “interest-based contractarianism.” Finally, it examines “its result in applied ethics” and tries to find a reasonable answer to a crucial question in the “political ethics of international relations” in our globalized era: What moral obligation, if any, do we have individually and as a society toward the people whose basic human rights are being violated not only in our country but also all over the world? (shrink)

Evolutionary explanations of altruism and human cooperation, first set forth by pioneers such as Darwin, Hamilton and Trivers, suggest that biology might be capable of offering a plausible scientific explanation of the core of human morality. According to this project, morality and human cooperation arise when resourcesare scarce; they cannot be exploited by isolated individuals; and individuals cannot maintain a long-term position of domination over others in order to advance their selfish ends. An important philosophical question that arises with respect (...) to this project has to do with the concepts of de morality and moral motivation that itpresupposes. The evolutionary project has not been clear in this respect. The article argues in favor of two theses: 1) evolutionary explanations of cooperation suggest a contractual type of morality, but they are ambiguous regarding the motivations favored by natural selection, thus reflecting, without resolving it, a traditionaldisagreement between Hobbes’s moral contractualism (selfish motivations) and that of Kant (altruistic motivations); 2) in their current form, these explanations cannot resolve that disagreement, but a reflection on the role of the capacity to interpret the motivations and character of others in the evolution of morality could provide arguments in favor of Kantian contractualism. (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?

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)

In this paper, the author offers a synoptic view of different theories of intergenerational justice, along two dimensions (savings/dissavings) and three modalities (prohibition, authorisation, obligation). After presenting successively the indirect reciprocity, the mutual advantage, the utilitarian and the Lockean approaches, special attention is given to the egalitarian theory of intergenerational justice. Two key differences between the egalitarian view on intergenerational justice and the sufficientarian interpretation of sustainability are highlighted.

Many questions concerning health involve values. How well is a health system performing? How should resources be allocated between the health system and other uses or among competing healthrelated uses? How should the costs of health services be distributed among members of a population? Who among those in need of transplants should receive scarce organs? What is the best way to treat particular patients? Although many kinds of expertise bear on these questions, values play a large role in answering them. (...) These values are of many kinds – judgments about how health states contribute to the well-being of individuals depend on views about what is good for a person, whereas judgments about how to share the costs of health care or about how to distribute scarce organs among those in need of transplants depend on theories of fairness. The value judgments that need to be made are not only multifaceted and heterogeneous; they are also controversial. Both the understanding of the questions and the substance of the answers may vary widely from individual to individual and among different groups within countries and across national boundaries. How are these many complicated, difficult and controversial evaluative questions to be answered? This could be a question about who should answer them as well as a question about how they should be answered. There are various possible mechanisms, and there is no reason why the same method should be employed to answer every question. Among the possible methods are (1) moral argument, (2) political deliberation and (3) eliciting preferences or judgments from some group. Included in the third method lie many different techniques of elicitation. For example, one could study attitudes by the use of deliberative (focus) groups, by permitting individual choice in some sort of market or quasi-market, by polling or by voting. These methods of answering evaluative questions are not always incompatible with one another. Moral argument can play a role within political deliberation, deliberation by focus groups, individual market choice, or voting.. (shrink)

In this paper I will examine two responses to the argument from marginal cases; the argument from kinds and the similarity argument. I will argue that these arguments are insufficient to show that all humans have moral status but no animals do. This does not prove that animals have moral status but it does shift the burden of proof onto those who want to maintain that all humans are morally considerable, but no animals are.

This is an open-access textbook designed for introduction to philosophy courses that contain a section on ethics, or for introductory courses in moral theory. In this edited work, chapter authors explore both historical and contemporary approaches to understanding and justifying moral and ethical norms. The chapters cover a wide range of topics, including moral relativism, the relationship between ethics and religion, virtue ethics in the Western and Eastern traditions, the question of self-interest and ethics, utilitarianism, Kantian deontological ethics, and recent (...) work in feminist ethics and evolutionary ethics. -/- Introduction to Philosophy: Ethics, edited by George Matthews (Plymouth State University), is one of a series of open-access textbooks for introduction to philosophy courses edited by Christina Hendricks (University of British Columbia), published with the support of The Rebus Community. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

Amartya Sen has made a major contribution to the theory of social justice, and of gender justice, by arguing that capabilities are the relevant space of comparison when justice-related issues are considered. This article supports Sen's idea, arguing that capabilities supply guidance superior to that of utility and resources (the view's familiar opponents), but also to that of the social contract tradition, and at least some accounts of human rights. But I argue that capabilities can help us to construct a (...) normative conception of social justice, with critical potential for gender issues, only if we specify a definite set of capabilities as the most important ones to protect. Sen's "perspective of freedom" is too vague. Some freedoms limit others; some freedoms are important, some trivial, some good, and some positively bad. Before the approach can offer a valuable normative gender perspective, we must make commitments about substance. (shrink)

In 1986 David Gauthier proposed an arbitration scheme for two player cardinal bargaining games based on interpersonal comparisons of players’ relative concessions. In Gauthier’s original arbitration scheme, players’ relative concessions are defined in terms of Raiffa-normalized cardinal utility gains, and so it cannot be directly applied to ordinal bargaining problems. In this paper I propose a relative benefit equilibrating bargaining solution for two and n-player ordinal and quasiconvex ordinal bargaining problems with finite sets of feasible basic agreements based on the (...) measure of players’ ordinal relative individual advantage gains. I provide an axiomatic characterization of this bargaining solution and discuss the conceptual relationship between RBEBS and ordinal egalitarian bargaining solution proposed by Conley and Wilkie. I show the relationship between the measurement procedure for ordinal relative individual advantage gains and the measurement procedure for players’ ordinal relative concessions, and argue that the proposed arbitration scheme for ordinal games can be interpreted as an ordinal version of Gauthier’s arbitration scheme. (shrink)

Few issues in business ethics are as polarizing as the practice of risk classification and underwrit­ ing in the insurance industry. Theorists who approach the issue from a background in economics often start from the assumption that policy-holders should be charged a rate that reflects the ex­ pected loss that they bring to the insurance scheme. Yet theorists who approach the question from a background in philosophy or civil rights law often begin with a presumption against socalled “actuarially fair” premiums (...) and in favor of “community rating,” in which everyone is charged the same price. This paper begins by examining and rejecting the three primary argu­ ments that have been given to show that actuarially fair premiums are unjust. It then considers the two primary arguments that have been offered by those who wish to defend the practice of risk classification. These arguments overshoot their target, by requiring a “freedom to under­ write” that is much greater than the level of freedom enjoyed in most other commercial transac­ tions. The paper concludes by presenting a defense of a more limited right to underwrite, one that grants the legitimacy of the central principle of risk classification, but permits specific deviations from that ideal when other important social goods are at stake. (shrink)

I develop and defend a version of what I call Disposition-Based Decision Theory (or DBDT). I point out important problems in David Gauthier’s (1985, 1986) formulation of DBDT, and carefully develop a more defensible formulation. I then compare my version of DBDT to the currently most widely accepted decision theory, Causal Decision Theory (CDT). Traditional intuition-based arguments fail to give us any strong reason to prefer either theory over the other, but I propose an alternative strategy for resolving this debate. (...) I argue that we should embrace DBDT because it does better than CDT at the work that we, as a matter of empirical fact, commonly call upon a notion of rationality to do. (shrink)

There is growing concern that decision-making informed by machine learning (ML) algorithms may unfairly discriminate based on personal demographic attributes, such as race and gender. Scholars have responded by introducing numerous mathematical definitions of fairness to test the algorithm, many of which are in conflict with one another. However, these reductionist representations of fairness often bear little resemblance to real-life fairness considerations, which in practice are highly contextual. Moreover, fairness metrics tend to be implemented in narrow and targeted toolkits that (...) are difficult to integrate into an algorithm’s broader ethical assessment. In this paper, we derive lessons from ethical philosophy and welfare economics as they relate to the contextual factors relevant for fairness. In particular we highlight the debate around acceptability of particular inequalities and the inextricable links between fairness, welfare and autonomy. We propose Key Ethics Indicators (KEIs) as a way towards providing a more holistic understanding of whether or not an algorithm is aligned to the decision-maker’s ethical values. (shrink)

David Sobel has recently argued that libertarian theories that accept full and strict self-ownership as foundational confront what he calls the conflation problem: if transgressing self-ownership is strictly and stringently forbidden, it is implied that the normative protection against one infringement is precisely as strong as against any other infringement. But this seems to be an absurd consequence. In defense of libertarianism, I argue that the conflation problem can be handled in a way that allows us to honor basic libertarian (...) commitments. It is suggested libertarianism should be characterized as presumptive libertarianism, treating self-ownership as an assumption the content of which remains to be worked out when applied, rather than as a dogma ready for application: a proposal that relies on a standard market model. Since such a proposal is likely to appear to many philosophers—libertarians in particular—as inherently flawed, a considerable part of this article defends it against possible criticisms. It is argued that presumptive libertarianism is not only a coherent and theoretically elegant notion, but a version of libertarianism that honors pre-theoretical commitments to self-ownership and liberty better than some mainstream versions of libertarianism. (shrink)

Moral error theorists argue that moral thought and discourse are systematically in error, and that nothing is, or can ever be, morally permissible, required or forbidden. I begin by discussing how error theorists arrive at this conclusion. I then argue that if we accept a moral error theory, we cannot escape a pressing problem – what should we do next, metaethically speaking? I call this problem the ‘what now?’ problem, or WNP for short. I discuss the attempts others have made (...) to respond to the WNP, and in each case I show that the responses fail to be satisfying. I then propose a new response to the WNP, which I call revolutionary relativism. I define revolutionary relativism, explain why it is preferable to the existing responses to the WNP, and defend it against the most problematic objections I anticipate that opponents might raise. I conclude that revolutionary relativism succeeds where previous WNP responses fail, and that if we accept a moral error theory, we should become revolutionary relativists. (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)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)