Taurek cases focus a choice between two views of permissible action, Can Save One and Must Save Many . It is argued that Taurek cases do illustrate the rationale for Can Save One , but existing views do not highlight the fact that this is because they are examples of claims grounded on non-comparative justice. To act to save the many solely because they form a group is to discriminate against the one for an irrelevant reason. That is a canonical (...) form of non-comparative injustice. The error lies in taking a contingency of some presentations of some Taurek cases, namely, that they involve distribution, to introduce the claims of comparative as opposed to non-comparative justice. But cases of non-comparative justice can, contingently, also involve distribution. In order to settle which form of justice applies it is necessary to examine the nature of the distribution involved and the nature of “classes” to which individuals can be assigned. (shrink)

Six people are in trouble. We can save five of them or just the sixth. What should we do? John Taurek (1977) defends a radical view: We are not required to save the greater number. Taurek's paper has persuaded some. But even the unpersuaded agree that Taurek poses a deep and important challenge: From where does the priority of the many derive? It seems difficult, or even impossible, to convince someone who denies the importance of the numbers... to care about (...) the numbers. That’s what this paper aims to do. It will argue that the priority of the many follows, with minimal other assumptions, from something all should accept: the modest premise that if we can improve one person's chance of survival—without affecting anyone else—we should. (shrink)

After 50 years of debate, the ethics of aggregation has reached a curious stalemate, with both sides arguing that only their theory treats people as equals. I argue that, on the issue of equality, both sides are wrong. From the premise that “each counts for one,” we cannot derive the conclusion that “more count for more” or its negation. The familiar arguments from equality to aggregation presuppose more than equality: the Kamm/Scanlon “Balancing Argument” rests on what social choice theorists call (...) “(Positive) Responsiveness,” Kamm’s “Aggregation Argument” assumes that “equal” lives are fungible, and Hsieh et al. have it that spreading goods broadly best approximates equality. In each case, the crucial premise is not equality itself but a further idea that Taurek, I argue, can safely reject. I conclude with a conjecture: there is no theory-neutral argument that settles the question of whether the numbers count. (shrink)

This paper has two aims. The first is to present and defend a new argument for rights contributionism – the view that the notion of a moral claim-right is a contributory (or pro tanto) rather than overall normative notion. The argument is an inference to the best explanation: it is argued that (i) there are contributory moral factors that contrast with standard moral reasons by way of having a number of formal properties that are characteristic of rights, even though they (...) can be overridden, and (ii) that this is best explained by a view that takes these factors to correlate with rights. The second aim is to show that the truth of rights contributionism matters for normative ethics. More specifically, it is argued that rights contributionism clears the way for deontologists to justify the pre-theoretically plausible verdict that we have a duty to save the greater number in so-called Taurek scenarios – scenarios in which we have to choose between saving either a greater or a smaller number of different people. The chapter offers a novel and distinctively deontological explanation of this verdict that is based on the assumption that everyone has a pro tanto right to be saved in a Taurek scenario. (shrink)

Limited aggregation holds that we are only sometimes, not always, permitted to aggregate. Aggregation is permissible only when the harms and benefits are relevant to one another. But how should limited aggregation be extended to cases in which we are uncertain about what will happen? In this article, I provide a challenge to ex post limited aggregation. I reconstruct a precise version of ex post limited aggregation that relies on the notion of ex post claims. However, building a theory of (...) limited aggregation based on ex post claims leads to a dilemma. This shows that ex post limited aggregation is currently far away from being a well-defined alternative, strengthening the case for ex ante limited aggregation. (shrink)

In this article, I critique a moral argument developed in Frances Kamm’s Intricate Ethics: Rights, Responsibilities, and Permissible Harm. The argument, which I label the Best Outcome Argument, aims to criticize the Taurekian idea that it is not worse if more people die than if fewer do in conflict situations, where it is hard to distinguish individuals from one another solely by reference to the relative strength of their claims. I argue that the Best Outcome Argument is flawed for three (...) reasons: the symmetry feature defined by the impartiality principle holds only in a limited class of conflict situations; individuals should be treated in a consistent way throughout the whole process of reasoning; comparative evaluations gained in different contexts, at least in some cases, cannot be used in one and the same argument. (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)

Most people have the intuition that, when we can save the lives of either a few people in one group or many people in another group, and all other things are equal, we ought to save the group with the most people. However, several philosophers have argued against this intuition, most famously John Taurek, in his article ‘Should the Numbers Count?’ They argue that there is no moral obligation to save the greater number, and that we are permitted to save (...) either the many or the few. I argue in this article that, even if we are almost completely persuaded by these ‘numbers sceptics’, we ought not to just save the few. If the choice is simply between saving the many or the few, we ought to save the many. (shrink)

Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...) non-aggregative moral views, which imply that the answer to both questions is ‘no’. In this paper, I review the most natural and influential ways of developing partially aggregative views and explain the main problems they face. (shrink)

How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism provides the best model of justifiability (...) to each. (shrink)

Often institutions or individuals are faced with decisions where not all claims can be satisfied. Sometimes, these claims will be of differing strength. In such cases, it must be decided whether or not weaker claims can be aggregated in order to collectively defeat stronger claims. Many are attracted to a view, which this chapter calls Limited Aggregation, where this is sometimes acceptable and sometimes not. A new version of this view, Local Relevance, has recently emerged. This chapter seeks to explore (...) and evaluate this view. In order to do so, the chapter offers a more precise interpretation of this basic approach, calling it ‘Sequential Claims-Matching’. The chapter shows how Sequential Claims-Matching avoids problems that dog other Limited Aggregation views but suffers from difficulties and ambiguities of its own. In particular, the chapter shows that it is hard to accommodate some core Limited Aggregation intuitions around tie-break cases within the Local Relevance view. (shrink)

Discussion of the “problem of numbers” in morality has focused almost exclusively on the moral significance of numbers in whom-to-rescue cases: when you can save either of two groups of people, but not both, does the number of people in each group matter morally? I suggest that insufficient attention has been paid to the moral significance of numbers in other types of case. According to common-sense morality, numbers make a difference in cases, like the famous Trolley Case, where we must (...) choose whether to kill a person (or persons) as a side effect of saving a greater number. I argue that recognition of the role of numbers in killing cases forces us to reassess purported solutions to the problem of numbers. (shrink)

I distinguish several arguments Kamm and Scanlon make against Taurek's claim that it is permissible to save smaller groups of people rather than larger. I then argue that none succeeds. This is a companion to my "Saving the Few.".

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's 'liberty condition': that, after the social contract, each 'nevertheless obeys only himself and remains as free as before'. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the 'legitimacy' of social arrangements. I (...) raise questions about each of these claims. (shrink)

Are there distinctively political values? Certain egalitarians seem to think that equality is one such value. Scheffler 's contribution to the symposium seeks to articulate a division of moral labour between norms of personal morality and the principles of justice that regulate social institutions, and using this suggests that the egalitarian critique of Rawls can be deflected. In this paper, instead, I question the status of equality as an intrinsic value. I argue that an egalitarianism which focuses on the status (...) of equality as valuable in itself embraces a theory of value with the worst elements of utilitarianism while leaving behind any of the intuitive appeal that utilitarianism has. In its place I press that we need a political conception of egalitarianism which stresses the role of equality as a political ideal without presupposing any values with which we engage beyond those found in the norms of personal morality. (shrink)

Munoz-Dardé (2009) argues that a social contract theory must meet Rousseau's ‘liberty condition’: that, after the social contract, each ‘nevertheless obeys only himself and remains as free as before’. She claims that Rousseau's social contract does not meet this condition, for reasons that suggest that no other social contract theory could. She concludes that political philosophy should turn away from social contract theory's preoccupation with authority and obedience, and focus instead on what she calls the ‘legitimacy’ of social arrangements. I (...) raise questions about each of these claims. (shrink)