G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values (...) that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time. (shrink)

What justifies our holding a person morally responsible for some past action? Why am I justified in having a special prudential concern for some future persons and not others? Why do many of us think that maximizing the good within a single life is perfectly acceptable, but maximizing the good across lives is wrong? In these and other normative questions, it looks like any answer we come up with will have to make an essential reference to personal identity. So, for (...) instance, it seems we are justified in holding X responsible for some past action only if X is identical to the person who performed that action. Further, it seems I am justified in my special concern for some future person only if he will be me. Finally, many of us think that while maximization within a life affects only one person, a metaphysical unity, maximization across lives affects many different, metaphysically distinct, persons, and so the latter is wrong insofar as it ignores this fundamental separateness of persons. (shrink)