This is a chapter on contractualism for Ethical Theory in Global Perspective, edited by Michael Hemmingsen (SUNY Press). The chapter (i) outlines contractualism as an ethical theory, (ii) explains how it differs from classical utilitarianism, (iii) explores the differences between ex post and ex ante contractualism, and (iv) finally looks at two traditional objections to the view.

According to contractualist theories in ethics, whether an action is wrong is determined by whether it could be justified to others on grounds no one could reasonably reject. Contractualists then think that reasonable rejectability of principles depends on the strength of the personal objections individuals can make to them. There is, however, a deep disagreement between contractualists concerning from which temporal perspective the relevant objections to different principles are to be made. Are they to be made on the basis of (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right when it is authorised by the moral principles no one could reasonably reject. This view has argued to have implausible consequences with regards to how different-sized groups, non-human animals, and cognitively limited human beings should be treated. It has also been accused of being theoretically redundant and unable to vindicate the so-called deontic distinctions. I then distinguish between the general contractualist framework and Scanlon’s version of (...) contractualism. I explain how the general framework enables us to formulate many other versions of contractualism some of which can already be found in the literature. Understanding contractualism in this new way enables us both to understand the structural similarities and differences between different versions of contractualism and also to see the different objections to contractualism as internal debates about which version of contractualism is correct. (shrink)

The agent-relative/agent-neutral distintion is widely and rightly regarded as a philosophically important one. Unfortunately, the distinction is often drawn in different and mutually incompatible ways. The agent-relative/agent-neutral distinction has historically been drawn three main ways: the ‘principle-based distinction’, the ‘reason-statement-based distinction’ and the ‘perspective-based distinction’. Each of these approaches has its own distinctive vices (Sections 1-3). However, a slightly modified version of the historically influential principle-based approach seems to avoid most if not all of these vices (Section 4). The distinction (...) so understood differs from numerous other distinctions with which it might easily be confused (Section 5). Finally, the distinction so drawn is important to normative theorizing for a variety of reasons (Section 6). (shrink)

This chapter presents a new argument for thinking of traditional ethical theories as methods that can be used in first-order ethics - as a kind of deliberation procedures rather than as criteria of right and wrong. It begins from outlining how ethical theories, such as consequentialism and contractualism, are flexible frameworks in which different versions of these theories can be formulated to correspond to different first-order ethical views. The chapter then argues that, as a result, the traditional ethical theories cannot (...) be evaluated in terms of their truth or correctness. Instead, I will suggest that these theories should be understood as providing different kind of ways of thinking about difficult moral problems. I then recommend a certain form of pragmatic pluralism - it may well be that different moral problems are better approached through different ethical theories. (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)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

Brad Hooker’s rule-consequentialism and T.M. Scanlon’s contractualism have been some of the most debated ethical theories in normative ethics during the last twenty years or so. This article suggests that these theories can be compared at two levels. Firstly, what are the deep, structural differences between the rule-consequentialist and contractualist frameworks in which Hooker and Scanlon formulate their views? Secondly, what are the more superficial differences between Hooker’s and Scanlon’s formulations of these theories? Based on exploring these questions and several (...) purported differences between Hooker’s and Scanlon’s views, this article argues that, at the structural level, the two theories are more similar than previous recognised. It suggests that there is only one candidate for a deeper difference and even it may not be that significant. This insight sheds new light on both contractualism and rule-consequentialism, and it will also help us to formulate better versions of the views. (shrink)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this alternative view, (...) what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

Ebbhinghaus, H., J. Flum, and W. Thomas. 1984. Mathematical Logic. New York, NY: Springer-Verlag. Forster, T. Typescript. The significance of Yablo’s paradox without self-reference. Available from http://www.dpmms.cam.ac.uk. Gold, M. 1965. Limiting recursion. Journal of Symbolic Logic 30: 28–47. Karp, C. 1964. Languages with Expressions of Infinite Length. Amsterdam.

ABSTRACT:Of the many developments in business ethics that Thomas Donaldson has helped pioneer, one is the application of social contract theory to address questions about the responsibilities of business actors. InCorporations and Morality, Donaldson develops one of the most sustained and comprehensive accounts that aims to justify the existence of for-profit corporations and to specify and ground their responsibilities. In order to further our understanding about the purpose and responsibilities of productive organizations, and as a contribution to the scholarship on (...) Donaldson’s thought, this paper gathers together the critical responses to Donaldson’s account along with Donaldson’s replies to his critics. The paper argues that we would do well to continue engaging with Donaldson’s account because of its distinctive and challenging conception of the purpose and responsibilities of productive organizations, but that many of the insights to be gained come from reframing the role played by social contract theory. (shrink)

This article is an attempt to defend Scanlon's contractualism against the so-called aggregation problems. Scanlon's contractualism attempts to make sense of right and wrong in terms of principles which no one could reasonably reject. These principles are a function of what kind personal objections persons can make to alternative sets of moral principles. Because of this, it has been argued that contractualism is unable to account for how groups of different sizes are to be treated. In this article, I argue (...) that contactualism, even if with its focus on personal burdens, can come to plausible conclusions in the group cases. (shrink)

This paper is a defence of T.M. Scanlon's contractualism - the view that an action is wrong if it is forbidden by the principles which no one could reasonably reject. Such theories have been argued to be redundant in two ways. They are claimed to assume antecedent moral facts to explain which principles could not be reasonably rejected, and the reasons they provide to follow the non-rejectable principles are said to be unnecessary given that we already have sufficient reasons not (...) to do the acts that are forbidden by those principles. In this paper, I try to argue that neither one of these claims is true. (shrink)

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)

Many of us think that perspective-taking is relevant to moral judgment. In this paper I claim that Scanlon’s contractualism provides an appealing and distinctive account of why this is so. Contractualism interprets our moral judgments as making claims about the reasons of individuals in various situations, reasons that we can only recognise by considering their perspectives. Contractualism thereby commits itself to the view that our capacity for moral judgment depends on our capacity for perspective-taking. I show that neither utilitarianism nor (...) Kantianism assign a similar significance to our capacity for perspective-taking. (shrink)

Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions of dignity, on the (...) other hand, treat the concept of dignity as a substantive value that justifies a deontological conception of respect for persons. A third conception of respect for the dignity of persons, the conception that I favor, focuses directly on the special value of our rational nature. According to this consequentialist conception, we respect the dignity of persons by promoting the flourishing of rational nature. (shrink)

I will begin this paper by identifying the problem within the theory of ethics, which contractualism as a moral theory is attempting to address. It is not that of solving the problem of moral motivation like the ‘arch-contractualist’, Thomas Scanlon, often claims, but rather that of describing a class of fundamental moral reasons – contractualist reasons for short. In the second section, I will defend the contractualist idea of how the nature of these moral reasons provides us with sufficient, independent (...) tools to construct the content of public moral principles. The rest of my paper is defensive. It addresses the main challenges set to the contractualist account of moral reasons. In the third section, I will discuss a frequent objection according to which the contractualist reasons are a redundant addition to the space of moral reasons. In the fourth section, I will examine the worry that acting from these reasons would not lead to morally admirable action but rather to vice. In the last section, I will investigate the criticism according to which the normative force of the contractualist reasons is insufficient for rationalising our moral actions in certain difficult circumstances. In this section, we get to the heart of the matter – what the reasons contractualism describes truly are, and how they can explain the generally overriding strength of our moral requirements. I hope to conclude that even after these serious challenges contractualism remains a philosophically viable account of morality's rationalistic appeal. (shrink)

The question “Why be moral?” is open to at least three extremely different interpretations. One way to distinguish these interpretations is by picturing the question as being asked by, respectively, Allan, who is going to act immorally unless he can be convinced to act otherwise, Beth, who is perfectly happy to do what is morally required on a certain occasion but who wants to know what is it about the act that makes it morally required, and Charles, who is trying (...) to understand why rational people act morally. An answer to the question as understood by Allan is, for some, the holy grail of moral philosophy, and it is also perhaps the default understanding of the question. The question as asked by Beth is what David Copp, in his contribution to this volume, calls the “why-think-morality-requires-this” question. The question as asked by Charles can be called the “what-rationally-justifies-moral-behaviour” question. Charles’ question, importantly, is about rational permissibility, and it is most pointed when moral behaviour requires sacrifice. (shrink)

The question “Why be moral?” is open to at least three extremely different interpretations. One way to distinguish these interpretations is by picturing the question as being asked by, respectively, Allan, who is going to act immorally unless he can be convinced to act otherwise, Beth, who is perfectly happy to do what is morally required on a certain occasion but who wants to know what is it about the act that makes it morally required, and Charles, who is trying (...) to understand why rational people act morally. An answer to the question as understood by Allan is, for some, the holy grail of moral philosophy, and it is also perhaps the default understanding of the question. The question as asked by Beth is what David Copp, in his contribution to this volume, calls the “why-think-morality-requires-this” question. The question as asked by Charles can be called the “what-rationally-justifies-moral-behaviour” question. Charles’ question, importantly, is about rationalpermissibility,and it is most pointed when moral behaviour requires sacrifice. (shrink)

Nagel' s pessimistic conclusion that current welfare state arrangements approximate to the most pragmatically effective way of reconciling the demands of morality and of an egalitarian liberalism, while not removing a deep seated incoherence between these view, can be resisted. The objective/subjective dichotomy, in this case applied via the agent-neutral/agent-relative distinction, is identified as his problematic assumption: understood in Hegelian terms as the "placing" of different categories of reason, even a minimal realism makes it difficult to understand how embedding agent-relativity (...) alongside the agent-neutral can be understood as adding to the relevant values, just by moving from a more particular to a less particular conception of the world. This transition also cannot be seen as giving us insight into the intrinsicality of certain values, as that would be to renege on the idea that the subjective point of view is still a point of view on value and one that is expanded, not renounced. It is argued that the standard objection that contractualism is fatally circular is even more plausible in the case of its use as a theory of political legitimacy and Nagel's use of it is quite open about this circularity. Criticising Nagel's philosophical anthropology allows one to develop his positive arguments for egalitarianism; the development of civic virtue, from a perspective in which "the personal" acknowledges the demands of others in one's political community, leads to a political egalitarianism located in a distinct political morality independent of a moralised politics. (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)

According to T.M. Scanlon, the core idea of contractualism consists in the claim that what we are morally required to do is conceptually grounded in the value of living in “relations of mutual recognition” with others. Specifically, Scanlon's contractualist idea of “living in relations of mutual recognition with others” requires that one act only in ways that cannot be reasonably rejected by all of those affected, according to the results of a hypothetical reflection conducted within one's own mind. I claim, (...) however, that Scanlon is mistaken to rely on a single individual's hypothetical reflection (monological reflection) to determine what no one affected could reasonably reject. Instead, following Jürgen Habermas, I claim that we must engage in actual dialogue with all who stand to be affected, in order to live in relations of mutual recognition with others. (shrink)

Philosophy can serve two roles in relation to moral thinking: first, to provide a meta-ethical commentary on the nature of moral thought, as the methodology or the philosophy of science provides a commentary on the nature of scientific thought; and second, to build on the common presumptions deployed in people's moral thinking about moral issues, looking for a substantive moral theory that they might support. The present essay addresses the nature of this second role; illustrates it with substantive theories that (...) equate moral obligations respectively with requirements of nature, self-interest, benevolence, reason and justifiability; and outlines a novel competitor in which the focus is shifted to requirements of co-reasoning and respect. (shrink)

T. M. Scanlon’s contractualist account of morality is articulated alongside and built upon groundbreaking work on moral motivation. According to Scanlon, the central challenge of providing an account of moral motivation is navigating “Prichard’s Dilemma,” which requires that an account be both helpfully explanatory and morally relevant. Scanlon’s own solution is that one has a reason to act rightly because doing so is an aspect of living with others on terms they could accept. There is much to like about this (...) account, and so, in this paper, I begin with many of Scanlon’s assumptions. I then argue that Scanlon’s own account of moral motivation fails to navigate Prichard’s Dilemma, as does another solution that I derive from his broader view. I then close by suggesting that an account of moral motivation must be “complex,” involving different reasons to satisfy the competing desiderata of Prichard’s Dilemma. (shrink)