Un grand nombre de problèmes dont traite aujourd'hui la théorie de la décision reposent sur des problématiques qui appartiennent à des approches philosophiques, méthodologiques et théoriques fort différentes et dont l'auteur deChoix rationnel et vie publiquedéplore à juste titre l'absence d'unité intrinsèque. En effet, les racines de la théorie contemporaine du choix rationnel ont des ramifications dans trois traditions philosophiques qui ont été maintenues sans entretenir de contacts: théories philosophiques de l'action d'Aristote à Hume, à Kant et à la philosophie (...) analytique de l'action de Davidson; la théorie du conflit de Hobbes à David Gauthier; la théorie de la justice (d'inspiration utilitariste qui a profondément marqué la pensée économique du XXesiècle). Ces branches ont entretenu des interactions sporadiques, mais ces relations n'ont jamais été exploitées systématiquement. Le travail que présente l'auteur est une première tentative dans cette direction, du moins en langue française. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only (...) be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals’ concerns and interests—aims, desires, needs, strivings—insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions. (shrink)

The article examines whether state officials may shoot down a hijacked airplane which carries uninvolved passengers, if it is known that the plane will be used against the lives of other human beings. In its first sections, it explains the German Federal Constitutional Court’s verdict against such a permission, and it scrutinizes the crucial arguments in this ruling. The author then extends the discussion beyond the path taken by the court. She examines the defensive claims of passengers aboard the plane (...) and the protective claims of potential victims who are present at the hijackers’ target zone. In contrast to the German Federal Constitutional Court, she concludes that state officials must take the claims of both groups of potential victims equally serious, and that such conditions allow applying a consequentialist calculus because it is the only way out of a genuine dilemma. (shrink)

A number of companies including Google and BMW are currently working on the development of autonomous cars. But if fully autonomous cars are going to drive on our roads, it must be decided who is to be held responsible in case of accidents. This involves not only legal questions, but also moral ones. The first question discussed is whether we should try to design the tort liability for car manufacturers in a way that will help along the development and improvement (...) of autonomous vehicles. In particular, Patrick Lin’s concern that any security gain derived from the introduction of autonomous cars would constitute a trade-off in human lives will be addressed. The second question is whether it would be morally permissible to impose liability on the user based on a duty to pay attention to the road and traffic and to intervene when necessary to avoid accidents. Doubts about the moral legitimacy of such a scheme are based on the notion that it is a form of defamation if a person is held to blame for causing the death of another by his inattention if he never had a real chance to intervene. Therefore, the legitimacy of such an approach would depend on the user having an actual chance to do so. The last option discussed in this paper is a system in which a person using an autonomous vehicle has no duty of interfering, but is still held responsible for possible accidents. Two ways of doing so are discussed, but only one is judged morally feasible. (shrink)