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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)

In discussions of practical reason we often encounter the view that a fact is a reason for an agent to act only if the fact is capable of moving the agent to act. This view figures centrally in many philosophical controversies, and while taken for granted by some, it is vigorously disputed by others. In this essay I show that if the disputed position is correctly interpreted, it is well armored against stock objections and implied by a premise that is (...) not only plausible, but generally accepted by the position's critics. (shrink)

Rationality and reasonableness are often sharply distinguished from one another and are even held to be in conflict. On this construal, rationality consists in means-end calculation of the most efficient means to one's ends (which are usually taken to be self-interested), while reasonableness consists in equitableness whereby one respects the rights of other persons as well as oneself. To deal with this conflict, it is noted that both rationality and reasonableness are based on reason, which is analyzed as the power (...) of attaining truth, and especially necessary truth. It is then shown that, by the rationality involved in reason, the moral principle of reasonableness, the Principle of Generic Consistency (PGC), has a stringently rational justification in that to deny or violate it is to incur self-contradiction. Objections are considered bearing on relevance and motivation. It is concluded that, where reasonableness and egoistic rationality conflict, the former is rationally superior. (shrink)

In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first argue that (...) the way in which a contractarian model is labeled is determined by its conception of practical reason. Then I show that Rawls and Kantian contractarians assume different conceptions of practical reason, and therefore should be seen as belonging to two strands of thought. I further argue that, although Rawls acknowledges his intellectual affiliation with Kant, he cannot be considered a Kantian contractarian in the commonly understood way. In his Lectures on the History of Moral Philosophy, Rawls interprets Kant as endorsing a hybrid contractarian model that is similar to his. By understanding Rawls as a hybrid contractarian and not confusing his philosophical project with that of Kantian contractarians, Rawls’s contribution to the history of contractarianism can be better evaluated. (shrink)

Claims about needs are a ubiquitous feature of everyday practical discourse. It is therefore unsurprising that needs have long been a topic of interest in moral philosophy, applied ethics, and political philosophy. Philosophers have devoted much time and energy to developing theories of the nature of human needs and the like. -/- Philosophers working on needs are typically committed to the idea that there are different kinds of needs and that within the different kinds of needs is a privileged class (...) of needs that is especially normatively significant. -/- Some philosophers go further and make rather grand claims about needs. They claim that needs are central or fundamental to moral thinking and that we must have a needs-centred moral theory or a general reorientation of moral philosophy around needs. -/- In this paper I aim to do two things. First, to show how applying recent work on modal terms can help us to understand thought and talk about needs. This is the positive part. I then use these ideas to cast doubt on the more ambitious claims about needs. Put briefly, a proper understanding of claims about needs undermines the idea that the concept of needs is fundamental in moral thought or in moral philosophy. Ambitious needs theory fails. (shrink)

C'est dans leur théorie générale des modes verbaux que les grammairiens philosophes classiques ont essayé de rendre compte de ce que nous appelons aujourd'hui les « aspects illocutoires de la signification », et de formuler les principes d'une sémantique des énoncés non déclaratifs. Je voudrais montrer, dans cette étude, ce qui fait l'originalité de la position adoptée par les grammairiens philosophes dans le cadre de leur théorie « idéationnelle » du langage : tout en reconnaissant la nécessité de recourir à (...) des critères formels pour identifier un mode particulier dans une langue particulière, ils estimaient que les peuples auraient pu, s'ils l'avaient jugé utile, marquer et distinguer formellement toute la variété des types d'illocution par des flexions verbales caractéristiques. Je distingue deux approches dans la théorie générale des modes verbaux de la Grammaire Générale classique : l'une est réductionniste, parce qu'elle réduit toutes nos énonciations à des expressions de jugements ; l'autre conçoit les modes comme des marqueurs d'actes de pensée. La première rappelle les tentatives de ceux qui, comme D. Lewis et D. Davidson, cherchent à interpréter les énoncés non déclaratifs en leur assignant des conditions de vérité ; la seconde s'apparente plutôt à la Théorie des Actes de Discours ou à l'approche proposée par E. Stenius. La première partie de cette étude présente, en s'inspirant de la méthodologie de I. Lakatos, la Grammaire Générale classique comme un programme de recherche scientifique. La seconde partie présente les deux approches mentionnées et examine leurs dévelop- pements respectifs.The Grammairiens philosophes of the classical period {circa 1660-1800) tried to accommodate, in their general theory of the moods of verbs, what we call today the " illocutionary aspects of meaning ", and to set the principles of a semantics for non-declarative sentences. I would like to show in this study in what consists the distinctive character of the approach proposed by the grammairiens philosophes in the framework of their " ideational " theory of language : they accept the necessity of formal criteria to identify a particular mood in a particular language, but they also held up the following position : the nations could have, if they had found it useful, marked and distinguished formally all the variety of illocution types by the use of characteristic verbal inflexions. I distinguish two approaches in the general theory of the verbal moods of classical Universal Grammar : one of them is reductionist, because it analyses all kinds of illocution as an expression of a judgment ; the other one conceives the moods as markers of the acts of the mind. The first one recalls the approach of those who, like D. Lewis and D. Davidson, try to interprète non-declarative sentences by assigning them truth- conditions ; and the second one bears more resemblances with the Theory of Speech Acts, or with the position defended by E. Stenius. The first part of this study exposes the framework of the classical Universal Grammar as a scientific research programme, following the methodology of I. Lakatos. The second part deals with the two approaches just mentioned and examine their respective developments. (shrink)

This article examines the extent to which Brian Barry’s contractarian political theory – justice as impartiality – is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...) non-vital, human set of beliefs included within a conception of the good. As a result, those concerned about the well-being of animals need either to go beyond contractarianism, and look for alternative theories of justice that are more amenable to the inclusion of animals, or to examine the degree to which direct duties can be owed to animals within a moral realm independently of justice. (shrink)

Dans les premières années qui ont suivi la parution de son monumentalA Theory of Justice, Rawls s'est surtout employé dans quelques articles à répondre à ses critiques, à dissiper les malentendus ainsi qu'à expliciter certains aspects de sa théorie, sans proposer de changements significatifs. À partir de la publication desDewey Lectures, sous la pression des critiques ou suivant le cours naturel de sa réflexion, Rawls a graduellement procéde à d'importantes révisions. Presque essentiellement préoccupé par la signification et la justification de (...) sa théorie, et laissant à peu prés intacts sa structure et son contenu, Rawls a successivement élaboré une conception de la personne et de la société, développé une méthodologie contextualiste et constructiviste, limité considérablement la portée de sa théorie et finalement, pour encadrer le tout, proposé une interprétation politique de la «justice en tant qu'équité». Ces changements, que d'aucuns ont perçus comme un recul ou comme un important virage, n'ont pas toujours été, selon Rawls, bien compris. Dans son dernier ouvrage,Political Liberalism, qui, est-il besoin de le dire? était depuis longtemps attendu, Rawls rassemble et raffine ses nouvelles idées, les présente de façon systématique et, somme toute, convaincante. (shrink)

Corporate Strategy has emerged as a central metaphor for private-sector enterprise. Given inherent imperfections in markets, one important question to consider is how well the practice of Corporate Strategy contributes to social welfare. An account of the implicit morality of free markets is developed as a standard against which two particular, second best solutions to market imperfections — namely, American federal antitrust policy and Corporate Strategy — are compared. Corporate Strategy is subsequently evaluated in terms of the fundamental principles of (...) Rawls' theory of justice. In both analyses, Corporate Strategy is found to depart significantly and systematically from the standards of social justice. An alternative principle, grounded in the concept of duty, is introduced as a means for reconceptualizing Corporate Strategy. (shrink)

This chapter surveys the debate between philosophers who claim that all practical rationality is procedural and philosophers who claim that some practical rationality is substantive.

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

Aristotle claims at Eudemian Ethics 1.2 that everyone who can live according to his own choice should adopt some goal for the good life, which he will keep in view in all his actions, for not to have done so is a sign of folly. This is an opinion shared by other ancients as well as some moderns. Others believe, however, that this view is false to the human condition, and provide a number of objections: (1) you can’t plan love; (...) (2) nor life’s surprises; (3) planning a whole life is of no use since the world changes too much; (4) as do our values; and (5) planning a life is something only dreary people would do. The aim of this paper is to examine these objections, as part of a broader attempt to defend the relevance of a eudaimonistic approach to the question of how to live well. (shrink)

This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can still be (...) protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

Legal positivism lacks a comprehensive theory of legal obligation. Hart's account of legal obligation, if successful, would explain only how the rule of recognition obligates officials. There is nothing in Hart's account of social obligation and social norms that would explain how the legal norms that govern citizen behavior give rise to legal obligations. However, we cannot give a theoretical explanation of the concept of legal obligation without a theoretical explanation of the concept of obligation. If legal, social and moral (...) obligations are three instances of the kind defined by “obligation,” then we cannot successfully explicate the nature of legal, social or moral obligations without a successful general conceptual theory of obligation. In what follows, I attempt to develop what I take to be the central elements of the general concept of obligation. I argue that obligations are (1) associated with mandatory prescriptions; (2) reasons for action; (3) exclusionary in the sense that certain reasons are excluded as an excuse of justification for non-performance; and (4) “binding” in the sense that they have a special normative force. At the end of the paper, I briefly argue that our shared concept of obligation is indeterminate with respect to one theoretically important case, the issue of whether the rules of a crime gang that includes some sort of rule-defining procedures for making rules governing members obligate gang members if accepted as legitimate by the members. (shrink)