In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...) respond to the objection that this explanation disregards the perspective of the first generation. I demonstrate that this objection ceases to be a concern when a proper account of the parties’ reasoning is developed. What is notable about the explanation I defend is that it relies on the parties adopting maximax – not maximin – as a rule for rational decision making. Having established this intermediary conclusion, I depart with Rawls and consider what savings principle the parties would choose if given more options. Ultimately, I argue that the parties would select a principle that Rawls would have undoubtedly rejected if presented to him at face value. This is because the principle of savings I argue would be selected requires continual economic growth over generations to increase upwards indefinitely – a conclusion Rawls is explicitly trying to avoid in his theory of justice. (shrink)

Suppose we assume that the parties in the original position took Kahneman and Tversky's prospect theory as constituting their general knowledge of human psychology that survives through the veil of ignorance. How would this change the choice situation of the original position? In this paper, I present what I call ‘prospect utilitarianism’. Prospect utilitarianism combines the utilitarian social welfare function with individual utility functions characterized by Kahneman and Tversky's prospect theory. I will argue that, once prospect utilitarianism is on the (...) table, Rawls's original arguments in support of justice as fairness as well as his arguments against utilitarianism are, at best, inconclusive. This shows that how implausible a choice for utilitarianism in the original position is heavily depends on what one assumes to be general knowledge of human psychology that the original contracting parties know. (shrink)

The original position together with the veil of ignorance have served as one of the main methodological devices to justify principles of distributive justice. Most approaches to this topic have primarily focused on the single person decision-theoretic aspect of the original position. This paper, in contrast, will directly model the basic structure and the economic agents therein to project the economic consequences and social outcomes generated either by utilitarianism or Rawls’s two principles of justice. It will be shown that when (...) the differences in people’s productive abilities are sufficiently great, utilitarianism dominates Rawls’s two principles of justice by providing a higher level of overall well-being to every member of society. Whenever this is the case, the parties can rely on the Principle of Dominance (which is a direct implication of instrumental rationality) to choose utilitarianism over Rawls’s two principles of justice. Furthermore, when this is so, utilitarianism is free from one of its most fundamental criticisms that it ‘does not take seriously the distinction between persons’ (Rawls 1971 [1999]: 24). (shrink)

Social decisions are often made under great uncertainty – in situations where political principles, and even standard subjective expected utility, do not apply smoothly. In the first section, we argue that the core of this problem lies in decision theory itself – it is about how to act when we do not have an adequate representation of the context of the action and of its possible consequences. Thus, we distinguish two criteria to complement decision theory under ignorance – Laplace’s principle (...) of insufficient reason and Wald’s maximin criterion. After that, we apply this analysis to political philosophy, by contrasting Harsanyi’s and Rawls’s theories of justice, respectively based on Laplace’s principle of insufficient reason and Wald’s maximin rule – and we end up highlighting the virtues of Rawls’s principle on practical grounds (it is intuitively attractive because of its computational simplicity, so providing a salient point for convergence) – and connect this argument to our moral intuitions and social norms requiring prudence in the case of decisions made for the sake of others. (shrink)

One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...) worth of everybody’s basic rights and liberties. In this paper, I will argue that, under close formal examination, Rawls’s argument against utilitarianism is self-defeating. That is, I will argue that Rawls’s own reasons, assumptions, and the many theoretical devices he employs demonstrably imply that the representative parties in the original position will choose utilitarianism instead of justice as fairness. (shrink)

Social contract theorists often take the ideal contract to be the agreement or bargain individuals would make in some privileged choice situation. Recently, experimental philosophers have explored this kind of decision-making in the lab. One rather robust finding is that the exact circumstances of choice significantly affect the kinds of social arrangements experimental subjects unanimously endorse. Yet prior work has largely ignored the question of which of the many competing descriptions of the original position subjects find most compelling. This paper (...) aims to address this gap, exploring how attractive experimental subjects find various characterizations of these circumstances of choice. We find evidence suggesting that no one choice situation can fulfill the role that social contract theorists have hoped it would play. We also find that, contrary to what some prominent social contract theorists have expected, there is no robust relationship between an individual’s ranking of distributive principles and their ranking of various descriptions of the original position. In conclusion, we discuss the broader implications of these results for political philosophy. (shrink)

Jeppe von Platz has recently argued that welfare-state capitalism can be justified by a theory of democratic equality, challenging John Rawls’s critique of capitalism. Von Platz develops his argument by introducing a social democratic interpretation of democratic equality as an alternative to Rawls’s justice as fairness. Unlike justice as fairness, in which there is only one possible principle of reciprocity (the difference principle), social democracy includes four possible principles in an eligible set that could be chosen as a principle of (...) reciprocity. However, I argue that von Platz’s conception of reciprocity still fails to justify welfare-state capitalism. Of the four principles of reciprocity in social democracy’s eligible set, one of them, the principle of utility, does not express a notion of reciprocity and thus does not belong. The other three – the principle of equality, the difference principle, and the principle of equity – are not compatible with welfare-state capitalism. Thus, since capitalism cannot satisfy a principle of reciprocity in the (revised) eligible set, it is incompatible with the social democratic interpretation of democratic equality. (shrink)

John Rawls famously argued that the Difference Principle would be chosen by any rational agent in the original position. Derek Parfit and Philippe Van Parijs have claimed, contra Rawls, that it is not the Difference Principle which is implied by Rawls’ original position argument, but rather the more refined Lexical Difference Principle. In this paper, we study both principles in the context of social choice under ignorance. First, we present a general format for evaluating original position arguments in this context. (...) We argue that in this format, the Difference Principle can be specified in three conceptually distinct ways. We show that these three specifications give the same choice recommendations, and can be grounded in an original position argument in combination with the well-known maximin rule. Analogously, we argue that one can give at least four plausible specifications of the Lexical Difference Principle, which however turn out to give different recommendations in concrete choice scenarios. We prove that only one of these four specifications can be grounded in an original position argument. Moreover, this one specification seems the least appealing from the viewpoint of distributive justice. This insight points towards a general weakness of original position arguments. (shrink)

The abstract individual is a model that represents real human beings in moral and political philosophy. It occupies a central role in individualist theories such as political liberalism and mainstream Western medical ethics. This article presents two methodological standards for assessing competing models. Taken together, the standards form an objective yardstick against which different constructions of the abstract individual can be evaluated. Thereby, the article introduces a new level of abstraction, and a new set of normative principles, to individualist moral (...) and political philosophy which facilitates reliable moral judgments between different models of human beings. (shrink)

You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)