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)

The aim of the consequentializing project is to show that, for every plausible ethical theory, there is a version of consequentialism that is extensionally equivalent to it. One challenge this project faces is that there are common-sense ethical theories that posit moral dilemmas. There has been some speculation about how the consequentializers should react to these theories, but so far there has not been a systematic treatment of the topic. In this article, I show that there are at least five (...) ways in which we can construct versions of consequentialism that are extensionally equivalent to the ethical theories that contain moral dilemmas. I argue that all these consequentializing strategies face a dilemma: either they must posit moral dilemmas in unintuitive cases or they must rely on unsupported assumptions about value, permissions, requirements, or options. I also consider this result's consequences for the consequentializing project. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...) permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

Morality seems important, in the sense that there are practical reasons — at least for most of us, most of the time — to be moral. A central theoretical motivation for consequentialism is that it appears clear that there are practical reasons to promote good outcomes, but mysterious why we should care about non-consequentialist moral considerations or how they could be genuine reasons to act. In this paper we argue that this theoretical motivation is mistaken, and that because many arguments (...) for consequentialism rely upon it, the mistake substantially weakens the overall case for consequentialism. We argue that there is indeed a theoretical connection between good states and reasons to act, because good states are those it is fitting to desire and there is a conceptual connection between the fittingness of a motive and reasons to perform the acts it motivates. But while some of our motives are directed at states, others are directed at acts themselves. We contend that just as the fittingness of desires for states generates reasons to promote the good, the fittingness of these act-directed motives generates reasons to do other things. Moreover, we argue that an act’s moral status consists in the fittingness of act-directed feelings of obligation to perform or avoid performing it, so the connection between fitting motives and reasons to act explains reasons to be moral whether or not morality directs us to promote the good. This, we contend, de-mystifies how there could be non-consequentialist reasons that are both moral and practical. (shrink)

Rule-consequentialists tend to argue for their normative theory by claiming that their view matches our moral convictions just as well as a pluralist set of Rossian duties. As an additional advantage, rule-consequentialism offers a unifying justification for these duties. I challenge the first part of the ruleconsequentialist argument and show that Rossian duties match our moral convictions better than the rule-consequentialist principles. I ask the rule-consequentialists a simple question. In the case that circumstances change, is the wrongness of acts determined (...) by the ideal principles for the earlier circumstances or by the ideal ones for the new circumstances? I argue that whichever answer the rule-consequentialists give the view leads to normative conclusions that conflict with our moral intuitions. Because some set of Rossian duties can avoid similar problems, rule-consequentialism fails in the reflective equilibrium test advocated by the rule-consequentialists. (shrink)

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

In a recent response to our paper on developing a philosophical framework to guide the design and delivery of a just health service, Sarela raises several objections. We feel that although Sarela makes points which are worthy of discussion, his critique does not undermine either the need for, or the worth of, our proposed model. First, the law does not negate the need for ethics in determining just healthcare policy. Reliance on legal processes can drive inappropriate focus on ensuring policies (...) avoid judicial review, as opposed to ensuring they are truly just; the law affords protection against unjust policies but does not put a commitment to avoiding them at the heart of policy-making. We defend the need for Scanlonian supplementation by emphasising the practical value of adding a step based on reasonable rejection, particularly in ensuring that the views of vulnerable stakeholders are robustly considered. We discuss the similarities and differences between the work of Daniels and Sen in considering the relationship between health and opportunity, concluding that Sen’s capability approach is both valuable and compatible with our proposed model. Finally, the practical use of our model requires consideration of what constitutes a reasonable person. Our model is explicitly intended to help develop a healthcare system which is just to all its users. With this in mind, we suggest that those involved in decision-making should meet Scanlon’s definition of reasonable: they should be motivated to justify their actions to, and seek agreement with, others. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

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