RESUMEN En la ética y la filosofía política contemporáneas es común apelar a alguna forma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición "contractualismo" y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo "el dilema (...) contractualista": cuando hay una situación de desacuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del "dilema contractualista", el contractualismo no debe ser entendido como un método de justificación normativa. ABSTRACT It is common practice in contemporary ethics and political philosophy to appeal to some sort of hypothetical consensus to justify normative contents. In this article, I call that position "contractualism" and argue for three thesis in that respect. First, the common objection to contractualism is correct, namely, that stipulating a hypothetical consensus in an ideal situation of deliberation adds nothing to the justification of the normative content at stake. Secondly, this objection gives rise to what I have called "the contractualist dilemma": in a situation of disagreement between two agents over whether a normative content x is correct, resorting to a hypothetical agreement in ideal deliberation conditions as a means to justify x amounts to falling into petitio principii or to establishing a triviality. Third, in view of "the contractualist dilemma", contractualism should not be understood as a method of normative justification. (shrink)

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)

Moral contractualism holds that addressing our minds to the morality of right and wrong involves identifying principles for the mutual regulation of behavior that could be the object of reasonable agreement among persons if they were appropriately motivated and fully informed. A common criticism of the theory is that the test of reasonable agreement it endorses is indeterminate. To be more specific, it is claimed that the notion of reasonableness is too vague or ill-defined to be of use in guiding (...) our decisions in situations where it is necessary to balance the complaints of different people against each other, so that we may derive an all things considered conclusion regarding what we ought, morally, to do. In this article, I propose a novel interpretation of the contractualist method of reasoning that overcomes the indeterminacy objection, building on a broadly Aristotelian conception of practical deliberation about ends. I demonstrate that this criticism is based on a misunderstanding of the nature of contractualist moral reasoning. The key is to recognize that deliberation about what others could not reasonably reject is not a matter of applying a fixed criterion of reasonableness in order to arbitrate conflicts between the interests of different individuals, as it is commonly assumed. Rather, it is a process in which the ideal of justifiability to others and people’s moral claims are specified together through holistic deliberation. The goal of this process is to construct a coherent conception of both our particular moral claims and the general aim of reasonable agreement that is reasonably acceptable to each person. On this view, contrary to what critics assert, the contractualist method of reasoning, properly understood, will almost always have a determinate answer. (shrink)

In this paper, I argue that accounts of the normative basis of morality face the following puzzle, drawing on a case found in Susan Wolf’s influential discussion of conflicts between the moral and personal points of view. On the one hand, morality appears to constitute an independent point of view that can intelligibly conflict with, and can conceivably be overruled by, the verdicts of other points of view. On the other hand, moral demands appear to carry a distinctive sort of (...) authority; moral reasons normally seem to take priority over other kinds of considerations, and the verdicts of morality seem to possess a distinctive place in our deliberations, in that they appear to represent standards that we are open to legitimate complaint for failing to honor. After clarifying the nature of the problem, I argue that a contractualist theory of morality can resolve the puzzle by offering a compelling vindication of the independence of the moral perspective, the normal priority of moral reasons, and the deliberative significance of moral verdicts, within a unified theoretical framework. Furthermore, I claim that this contractualist analysis can help account for the sense of deep conflict that is characteristic of the sort of troubling moral choices that Wolf calls to our attention. (shrink)

In the research ethics literature, there is strong disagreement about the ethical acceptability of placebo-controlled trials, particularly when a tested therapy aims to alleviate a condition for which standard treatment exists. Recently, this disagreement has given rise to debate over the moral appropriateness of the principle of clinical equipoise for medical research. Underlying these debates are two fundamentally different visions of the moral obligations that investigators owe their subjects.Some commentators and ethics documents claim that physicians, whether acting as care givers (...) or researchers, have the same duty of beneficence towards their patients and subjects: namely, that they must provide optimal medical care. In discussing placebo surgery in research on refractory Parkinson's disease, Peter Clark succinctly states this view: “The researcher has an ethical responsibility to act in the best interest of subjects.”. (shrink)

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that we must make occasional donations to (...) charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril. (shrink)

This thesis is about the moral reasons we have to do less than best. It consists of six chapters. Part I of the thesis proposes, extends, and defends reasons to do less than best. In Chapter One (“The Conditional Obligation”) I outline and reject two recent arguments from Joe Horton and Theron Pummer for the claim that we have a conditional obligation to bring about the most good. In Chapter Two (“Agglomeration and Agent-Relative Costs”) I argue that agent-relative costs can (...) justify permissions to less than best in a far greater range of decisions contexts than we currently believe. In Chapter Three (“Risk and Aggregation”) I discuss how anti-aggregative moral theories deal with risk, whilst proposing an argument in favour of ex-post moral theories. -/- In Part II of the thesis, I discuss longtermism, presenting a series of reasons to believe we have both significant permissions and obligations to prioritise those in the short-term. In Chapter Four (“Listening to Future People”) I criticise a recent argument presented by Andreas Mogensen for the claim we cannot have obligations grounded in the wellbeing of future people. I then show that, even permitting the existence of obligations to future people, we still have significant reasons to resist longtermism on the grounds of partiality. In Chapter Five (“The Complaints of Future People”) I argue that scepticism about aggregation is inconsistent with an obligation, or indeed even a permission, to help far future people. In Chapter Six (“Leaving the Present Behind”) I explore the moral significance of “dooming”, whilst arguing that we have a pro tanto reason of fairness to prioritise aiding those currently in existence. (shrink)

Advocates of longtermism point out that interventions which focus on improving the prospects of people in the very far future will, in expectation, bring about a significant amount of good. Indeed, in expectation, such long-term interventions bring about far more good than their short-term counterparts. As such, longtermists claim we have compelling moral reason to prefer long-term interventions. In this paper, I show that longtermism is in conflict with plausible deontic scepticism about aggregation. I do so by demonstrating that, from (...) both an ex-ante and ex-post perspective, longtermist interventions – and, in particular, those which aim to mitigate catastrophic risk – typically generate extremely weak claims of assistance from future people. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show how (...) a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (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)

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

In the research ethics literature, there is strong disagreement about the ethical acceptability of placebo-controlled trials, particularly when a tested therapy aims to alleviate a condition for which standard treatment exists. Recently, this disagreement has given rise to debate over the moral appropriateness of the principle of clinical equipoise for medical research. Underlying these debates are two fundamentally different visions of the moral obligations that investigators owe their subjects.Some commentators and ethics documents claim that physicians, whether acting as care givers (...) or researchers, have the same duty of beneficence towards their patients and subjects: namely, that they must provide optimal medical care. In discussing placebo surgery in research on refractory Parkinson's disease, Peter Clark succinctly states this view: “The researcher has an ethical responsibility to act in the best interest of subjects.”. (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 paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

This paper explores what could be wrong with the fact of human extinction. I first present four reasons why we might consider human extinction to be wrong: it would prevent millions of people from being born; it would mean the loss of rational life and civilization; it would cause existing people to suffer pain or death; it would involve various psychological traumas. I argue that looking at the question from a contractualist perspective, only reasons and are admissible. I then consider (...) what implications this limitation on reasons has for the wrongfulness of various forms of human extinction. (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)

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

We can imagine agents who would have the moral status to demand contractualist justification but still lack an especially strong claim against interference. In contrast, agents who can conceive of their lives in a temporally unified way have a distinctive, strong interest in non‐interference. This contrast helps illuminate the moral importance of self‐authorship. The upshot is that ordinary persons have a more general and less variable right against interference than is often supposed. Self‐authorship can also help appreciate the sense in (...) which the value of persons may be characterized as ‘self‐existent’. (shrink)

: The rights to liberty championed by classical liberal and libertarian theorists may be supported as products of practical reason. The foundations for these rights rest initially on the idea that the separateness of persons is embedded in the circumstances of life that make justice a meaningful concept. We can discover the duties justice imposes […].

An increasingly popular moral argument has it that the story of human evolution shows that we can explain the human disposition to make moral judgments without relying on a realm of moral facts. Such facts can thus be dispensed with. But this argument is a threat to moral realism only if there is no realist position that can explain, in the context of human evolution, the relationship between our particular moral sense and a realm of moral facts. I sketch a (...) plausible evolutionary story that illuminates this relationship. First, the sorts of adaptive pressures facing early humans would have produced more than just potent prosocial emotions, as evolutionary antirealists like to claim; it would have produced judgments—often situated within emotions—to the effect that others could reasonably disapprove of some bit of conduct, for an early human who cared deeply about how others might respond to her action enjoyed the benefits of more cooperative exchanges than those early humans who did not. Second, according to objectivist versions of moral constructivism, moral facts just are facts about how others, ideally situated, would respond to one's conduct. Thus if any objectivist moral constructivism story is true, then we can intelligibly assert that a) our capacity for moral judgment is the product of adaptive pressures acting on early humans and b) some moral judgments are objectively true. (shrink)

En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

Essays in Moral Scepticism, by JoyceRichard. Oxford: Oxford University Press, 2016. Pp. xi + 288.