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Contractualism and Utilitarianism

In James Rachels (ed.), Ethical Theory 2: Theories About How We Should Live. Oxford University Press UK (1998)

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  1. Rawls on Kantian Constructivism.Nathaniel Jezzi - 2016 - Journal for the History of Analytical Philosophy 4 (8).
    John Rawls’s 1980 Dewey Lectures are widely acknowledged to represent the locus classicus for contemporary discussions of moral constructivism. Nevertheless, few published works have engaged with the significant interpretive challenges one finds in these lectures, and those that have fail to offer a satisfactory reading of the view that Rawls presents there or the place the lectures occupy in the development of Rawls's thinking. Indeed, there is a surprising lack of consensus about how best to interpret the constructivism of these (...)
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  • Slavery, Carbon, and Moral Progress.Dale Jamieson - 2017 - Ethical Theory and Moral Practice 20 (1):169-183.
    My goal in this paper is to shed light on how moral progress actually occurs. I begin by restating a conception of moral progress that I set out in previous work, the “Naïve Conception,” and explain how it comports with various normative and metaethical views. I go on to develop an index of moral progress and show how judgments about moral progress can be made. I then discuss an example of moral progress from the past—the British abolition of the Atlantic (...)
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  • Morality is necessary for happiness.Paul Bloomfield - 2017 - Philosophical Studies 174 (10):2613-2628.
    An argument for the eponymous conclusion is given through a series of hypothetical syllogisms, the most basic of which is as follows: morality is necessary for self-respect; self-respect is necessary for happiness; therefore, morality is necessary for happiness. Some of the most obvious objections are entertained and rejected.
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  • Hypothetical Consent and Justification.Cynthia Stark - 2000 - Journal of Philosophy 97 (6):313.
    Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.
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  • Probability in ethics.David McCarthy - 2016 - In Alan Hájek & Christopher Hitchcock (eds.), The Oxford Handbook of Probability and Philosophy. Oxford: Oxford University Press. pp. 705–737.
    The article is a plea for ethicists to regard probability as one of their most important concerns. It outlines a series of topics of central importance in ethical theory in which probability is implicated, often in a surprisingly deep way, and lists a number of open problems. Topics covered include: interpretations of probability in ethical contexts; the evaluative and normative significance of risk or uncertainty; uses and abuses of expected utility theory; veils of ignorance; Harsanyi’s aggregation theorem; population size problems; (...)
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  • Is value content a component of conventional implicature?Stephen J. Barker - 2000 - Analysis 60 (3):268-279.
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  • Utilitarianism and accomplishment.Roger Crisp - 2000 - Analysis 60 (3):264-268.
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  • On the Incoherence Objection to Rule-Utilitarianism.Alex Rajczi - 2016 - Ethical Theory and Moral Practice 19 (4):857-876.
    For a long time many philosophers felt the incoherence objection was a decisive objection to rule-consequentialism, but that position has recently become less secure, because Brad Hooker has offered a clever new way for rule-consequentialists to avoid the incoherence objection. Hooker’s response defeats traditional forms of the incoherence objection, but this paper argues that another version of the problem remains. Several possible solutions fail. One other does not, but it introduces other problems into the theory. I conclude that the new (...)
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  • Metaethics After Moore.Terry Horgan & Mark Timmons (eds.) - 2006 - Oxford, GB: Oxford University Press UK.
    Metaethics, understood as a distinct branch of ethics, is often traced to G. E. Moore's 1903 classic, Principia Ethica. Whereas normative ethics is concerned to answer first order moral questions about what is good and bad, right and wrong, metaethics is concerned to answer second order non-moral questions about the semantics, metaphysics, and epistemology of moral thought and discourse. Moore has continued to exert a powerful influence, and the sixteen essays here represent the most up-to-date work in metaethics after, and (...)
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  • Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...)
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  • Just War and Robots’ Killings.Thomas W. Simpson & Vincent C. Müller - 2016 - Philosophical Quarterly 66 (263):302-22.
    May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that the (...)
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  • Oversight in the Canon: The Animals Issue Rekindled.Juliette Helene Christie - 1996 - Dissertation, University of California, Santa Barbara
    I take issue with an argument to the effect that because contractualism proves--both practically and theoretically--the philosophically superior moral theory, we have the result that nonhuman animals can have no, nor ought be extended any, moral standing. The combined argument belongs to Peter Carruthers, and appears in his The Animals Issue. My response involves demonstration that on careful analysis contractualism fares even less well than the two theories against which Carruthers compares it--rights and utilitarian. Furthermore, I offer a sketch of (...)
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  • Moral Point of View (2nd edition).Paul Bloomfield - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Hoboken, NJ: Blackwell.
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  • Justice as a Kind of Impartiality.Kai Nielsen - 1994 - Laval Théologique et Philosophique 50 (3):511-529.
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  • Rejecting The Publicity Condition: The Inevitability of Esoteric Morality.Ben Eggleston - 2013 - Philosophical Quarterly 63 (250):29-57.
    It is often thought that some version of what is generally called the publicity condition is a reasonable requirement to impose on moral theories. In this article, after formulating and distinguishing three versions of the publicity condition, I argue that the arguments typically used to defend them are unsuccessful and, moreover, that even in its most plausible version, the publicity condition ought to be rejected as both question-begging and unreasonably demanding.
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  • The Authority of Love as Sentimental Contract.Paul Voice - 2011 - Essays in Philosophy 12 (1):7.
    This paper argues that the categorical authority of love’s imperatives is derived from a sentimental contract. The problem is defined and the paper argues against two recent attempts to explain the authority of love’s demands by Velleman and Frankfurt. An argument is then set out in which it is shown that a constructivist approach to the problem explains the sources of love’s justifications. The paper distinguishes between the moral and the romantic case but argues that the sources of authority are (...)
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  • Constructivism and the Error Theory.Hallvard Lillehammer - 2011 - In Christian Miller (ed.), Continuum Companion to Ethics. Continuum.
    This paper presents a comparative evaluation of constructivist and error theoretic accounts of moral claims. It is argued that constructivism has distinct advantages over error theory.
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  • (1 other version)Social justice: The Hayekian challenge.Steven Lukes - 1997 - Critical Review: A Journal of Politics and Society 11 (1):65-80.
    Hayek's argument that social justice is a mirage consists of six claims: that the very idea of social justice is meaningless, religious, self‐contradictory, and ideological; that realizing any degree of social justice is unfeasible; and that aiming to do so must destroy all liberty. These claims are examined in the light of contemporary theories and debates concerning social justice in order to assess whether the argument's persuasive power is due to sound reasoning, and to what extent contemporary theories of justice (...)
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  • On Practical Constructivism and Reasonableness.Thomas M. Besch - 2004 - Dissertation, University of Oxford
    The dissertation defends that the often-assumed link between constructivism and universalism builds on non-constructivist, perfectionist grounds. To this end, I argue that an exemplary form of universalist constructivism – i.e., O’Neill’s Kantian constructivism – can defend its universalist commitments against an influential particularist form of constructivism – i.e., political liberalism as advanced by Rawls, Macedo, and Larmore – only if it invokes a perfectionist view of the good. (En route, I show why political liberalism is a form of particularism and (...)
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  • The Idea of a Normative Reason.Hallvard Lillehammer - 2003 - In Peter Schaber & Rafael Hüntelmann (eds.), Grundlagen der Ethik. De Gruyter. pp. 41--65.
    Recent work in English speaking moral philosophy has seen the rise to prominence of the idea of a normative reason1. By ‘normative reasons’ I mean the reasons agents appeal to in making rational claims on each other. Normative reasons are good reasons on which agents ought to act, even if they are not actually motivated accordingly2. To this extent, normative reasons are distinguishable from the motivating reasons agents appeal to in reason explanations. Even agents who fail to act on their (...)
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  • (1 other version)Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon.R. Jay Wallace, Rahul Kumar & Samuel Freeman (eds.) - 2011 - , US: Oxford University Press.
    Reasons and Recognition brings together fourteen new papers on an array of topics from the many areas to which Scanlon has made path-breaking contributions, ...
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  • Unprincipled Ethics.Gerald Dworkin - 1995 - Midwest Studies in Philosophy 20 (1):224-239.
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  • The arc of the moral universe and other essays.Joshua Cohen - 2010 - Cambridge, Mass.: Harvard University Press.
    The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...)
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  • (1 other version)The wrong answer to an improper question?David Copp - 2010 - Canadian Journal of Philosophy, Supplementary Volume 33:pp. 97-130.
    A philosopher who asks “Why be moral?” is asking a theoretical question about the force of moral reasons or about the normative status of morality. Two questions need to be distinguished. First, assuming that there is a morally preferred way to live or to be, is there any (further) reason to be this way or to act this way? Second, if moral considerations are a source of reasons, why is this, and what is the significance of these reasons? This question (...)
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  • Of metaethics and motivation: The appeal of contractualism.Pamela Hieronymi - 2011 - In R. Jay Wallace, Rahul Kumar & Samuel Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T. M. Scanlon. , US: Oxford University Press.
    In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...)
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  • Taking the distinction between persons seriously.Anthony Laden - 2004 - Journal of Moral Philosophy 1 (3):277-292.
    Rawls criticizes utilitarianism for not taking the distinction between persons seriously, and suggests that his own theory: justice as fairness, does. I argue that justice as fairness aims to take the distinction seriously at four levels, ranging from the content of its principles to its conception of political philosophy, and that doing so at each stage is of fundamental importance in working out the basis of a conception of justice for a democratic society. Understanding Rawls’s theory in this way points (...)
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  • Moral Objectivity and Reasonable Agreement: Can Realism Be Reconciled with Kantian Constructivism?Cristina Lafont - 2004 - Ratio Juris 17 (1):27-51.
    In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...)
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  • Contractualism, reciprocity, compensation.David Alm - 2007 - Journal of Ethics and Social Philosophy 2 (3):1-23.
    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 (...)
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  • How Kantian must Kantian constructivists be?Evan Tiffany - 2006 - Inquiry: An Interdisciplinary Journal of Philosophy 49 (6):524 – 546.
    Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...)
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  • (1 other version)Justifiability to each person.Derek Parfit - 2003 - Ratio 16 (4):368–390.
    sonable, in this sense, if we ignore, or give too little weight to, some other people's well-being or moral claims.' Some critics have suggested that, because Scanlon appeals to this sense of 'reasonable', his formula is empty. On this objection, whenever we believe that some act is wrong, we shall believe that people have moral claims not to be treated in this way. We could therefore argue that such acts are disallowed by some principle which no one could reasonably reject, (...)
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  • How to Include the Severely Disabled in a Contractarian Theory of Justice.Cynthia A. Stark - 2007 - Journal of Political Philosophy 15 (2):127-145.
    This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be fully (...)
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  • Foundationalism and practical reason.Joseph Heath - 1997 - Mind 106 (423):451-474.
    In this paper, I argue that Humean theories of moral motivation appear preferable to Kantian approaches only if one assumes a broadly foundationalist conception of rational justification. Like foundationalist approaches to justification generally, Humean psychology aims to counter the regress-of-justification argument by positing a set of ultimate regress-stoppers-in this case, unmotivated desires. If the need for regress-stoppers of this type in the realm of practical deliberation is accepted, desires do indeed appear to be the most likely candidate. But if this (...)
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  • Virtue ethics, theory, and warrant.Garrett Cullity - 1999 - Ethical Theory and Moral Practice 2 (3):277-294.
    Are there good grounds for thinking that the moral values of action are to be derived from those of character? This virtue ethical claim is sometimes thought of as a kind of normative ethical theory; sometimes as form of opposition to any such theory. However, the best case to be made for it supports neither of these claims. Rather, it leads us to a distinctive view in moral epistemology: the view that my warrant for a particular moral judgement derives from (...)
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  • On domination: toward a status-centric view.Thomas M. Besch - manuscript
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  • Nonhuman Moral Agency: A Practice-Focused Exploration of Moral Agency in Nonhuman Animals and Artificial Intelligence.Dorna Behdadi - 2023 - Dissertation, University of Gothenburg
    Can nonhuman animals and artificial intelligence (AI) entities be attributed moral agency? The general assumption in the philosophical literature is that moral agency applies exclusively to humans since they alone possess free will or capacities required for deliberate reflection. Consequently, only humans have been taken to be eligible for ascriptions of moral responsibility in terms of, for instance, blame or praise, moral criticism, or attributions of vice and virtue. Animals and machines may cause harm, but they cannot be appropriately ascribed (...)
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  • Utilitarianism and the Social Nature of Persons.Nikhil Venkatesh - 2023 - Dissertation, University College London
    This thesis defends utilitarianism: the view that as far as morality goes, one ought to choose the option which will result in the most overall well-being. Utilitarianism is widely rejected by philosophers today, largely because of a number of influential objections. In this thesis I deal with three of them. Each is found in Bernard Williams’s ‘A Critique of Utilitarianism’ (1973). The first is the Integrity Objection, an intervention that has been influential whilst being subject to a wide variety of (...)
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  • Republicanism and moralised freedom.Lars J. K. Moen - 2023 - Politics, Philosophy and Economics 22 (4):423-440.
    A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...)
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  • Contractualism and the Moral Point of View.Ken Oshitani - 2022 - Ethical Theory and Moral Practice 25 (4):667-684.
    In this paper, I argue that accounts of the normative basis of morality face the following puzzle, drawing on a case found in Susan Wolf’s influential discussion of conflicts between the moral and personal points of view. On the one hand, morality appears to constitute an independent point of view that can intelligibly conflict with, and can conceivably be overruled by, the verdicts of other points of view. On the other hand, moral demands appear to carry a distinctive sort of (...)
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  • Solving the Ideal Worlds Problem.Caleb Perl - 2021 - Ethics 132 (1):89-126.
    I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.
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  • Contractualism, Complaints, and Risk.Bastian Steuwer - 2021 - Journal of Ethics and Social Philosophy 19 (2).
    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 (...)
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  • The Impossibility of a Bayesian Liberal?William Bosworth & Brad Taylor - forthcoming - Journal of Politics.
    Aumann’s theorem states that no individual should agree to disagree under a range of assumptions. Political liberalism appears to presuppose these assumptions with the idealized conditions of public reason. We argue Aumann’s theorem demonstrates they nevertheless cannot be simultaneously held with what is arguably political liberalism’s most central tenet. That is, the tenet of reasonable pluralism, which implies we can rationally agree to disagree over conceptions of the good. We finish by elaborating a way of relaxing one of the theorem’s (...)
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  • Contractualism.Jussi Suikkanen - 2020 - Cambridge: Cambridge University Press.
    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 (...)
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  • Utilitarianism with and without expected utility.David McCarthy, Kalle Mikkola & Joaquin Teruji Thomas - 2020 - Journal of Mathematical Economics 87:77-113.
    We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...)
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  • Rights Against High-Level Risk Impositions.Fei Song - 2019 - Ethical Theory and Moral Practice 22 (3):763-778.
    In this article, I argue for a distinct and novel right-based account of risks and I call it the Sophisticated High-risk Thesis. I argue that there is a distinction between rights-infringing risk impositions and no-rights-infringing risk impositions. An action imposing a high risk of harm infringes rights, whereas an act imposing a low risk of harm does not. I also suggest three principles that govern the permissibility of highly risky actions. If a highly risky action meets the conditions specified by (...)
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  • Democratizing Algorithmic Fairness.Pak-Hang Wong - 2020 - Philosophy and Technology 33 (2):225-244.
    Algorithms can now identify patterns and correlations in the (big) datasets, and predict outcomes based on those identified patterns and correlations with the use of machine learning techniques and big data, decisions can then be made by algorithms themselves in accordance with the predicted outcomes. Yet, algorithms can inherit questionable values from the datasets and acquire biases in the course of (machine) learning, and automated algorithmic decision-making makes it more difficult for people to see algorithms as biased. While researchers have (...)
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  • Draining the pond: why Singer’s defense of the duty to aid the world’s poor is self-defeating.Anton Markoč - 2020 - Philosophical Studies 177 (7):1953-1970.
    Peter Singer’s defense of the duty to aid the world’s poor by the pond analogy is self-defeating. It cannot be both true that you ought to save the drowning child from a pond at the expense of ruining your shoes and that you ought to aid the world’s poor if you thereby do not sacrifice anything of comparable moral importance. Taking the latter principle seriously would lead you to let the child in front of you drown whenever you could thereby (...)
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  • Ex Ante and Ex Post Contractualism: A Synthesis.Jussi Suikkanen - 2019 - The Journal of Ethics 23 (1):77-98.
    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 (...)
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  • Justice, Constructivism, and The Egalitarian Ethos.A. Faik Kurtulmus - 2010 - Dissertation, University of Oxford
    This thesis defends John Rawls’s constructivist theory of justice against three distinct challenges. -/- Part one addresses G. A. Cohen’s claim that Rawls’s constructivism is committed to a mistaken thesis about the relationship between facts and principles. It argues that Rawls’s constructivist procedure embodies substantial moral commitments, and offers an intra-normative reduction rather than a metaethical account. Rawls’s claims about the role of facts in moral theorizing in A Theory of Justice should be interpreted as suggesting that some of our (...)
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  • (1 other version)A concepção de sujeito na Teoria da Justiça como equidade.Luiz Paulo Rouanet - 2016 - Veritas – Revista de Filosofia da Pucrs 61 (1):75-88.
    O presente texto apresenta a seguinte estrutura. Na primeira parte, resumirei algumas das críticas à concepção de sujeito em John Rawls; na segunda parte, examinarei um texto de Rawls de 1963, intitulado “O senso de justiça”, e procuro mostrar, com base nesse texto, que não se pode afirmar que o ser moral rawlsiano é destituído de carne, sangue ou vida, como sugeriram alguns críticos, na esteira das críticas de Hegel a Kant; em terceiro lugar, examinarei trechos de TJ que lidam, (...)
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  • Is Rawls Really a Kantian Contractarian?Baldwin Wong - 2016 - Public Reason 8 (1-2).
    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 (...)
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