Several authors, including Thomas Nagel and David Gauthier, have defended the view that reasons of self-interest (prudential reasons) are rationally binding. That is, there is always a reason, bearing on the rational advisability, based on one's self-interest and, as a result, a person may act irrationally by knowingly acting against such reasons regardless of the person's desires or values. Both Nagel and Gauthier argue from the rationally mandatory nature of prudential reasons to the conclusion that moral reasons can be rationally (...) mandatory, challenging the neo-Humean position that practical reasons that bear on an agent's rationality are essentially grounded on the agent's subjective, contingent, conative states. I argue, pace Nagel and Gauthier, that prudential reasons are not rationally mandatory--that the rational requirement to act in one's own interest, when it exists, is, as the neo-Humean insists, grounded on one's subjective, contingent, conative states. Prudential reasons are not reasons for every (conceivable) agent--not in the sense that bears on the rational advisability of action. (shrink)

Gauthier's version of the Lockean proviso (in Morals by Agreement) is inappropriate as the foundation for moral rights he takes it to be. This is so for a number of reasons. It lacks any proportionality test thus allowing arbitrarily severe harms to others to prevent trivial harms to oneself. It allows one to inflict any harm on another provided that if one did not do so, someone else would. And, by interpreting the notion of bettering or worsening one's position in (...) terms of subjective expected utility, it allows immoral manipulation of others and imposes unwarranted restrictions based on preferences that should carry no moral weight. (shrink)

A contractarian moral theory states that an action (practice, social structure, etc.) is morally permissible if and only if it (or rules to which if conforms) would be agreed to by the members of society under certain circumstances. What people will agree to depends on what their desires are like. Most contractarian theories - for example those of Rawls (1971) and Gauthier (1986) - specify that parties to the agreement are mutually unconcerned (take no interest in each other's interests). Contractarian (...) theorists, do not, of course, believe that this is true of real people, but they insist (with Kant) that the basic moral constraints on conduct (if there are any) apply independently of whether individuals care about each other. I shall here argue against the appropriateness of the assumption of mutual unconcern for contractarian theories, such as Gauthier's, that are supposed to ground morality solely in rationality. (shrink)

David Gauthier's impressive new book, Morals by Agreement, attempts to resuscitate something like Lockean natural rights on an essentially Hobbesian basis—a project eminently worth doing, if it can be done. Hubin and Lambeth offer some interesting criticisms of his project, and as they also raise some fundamental questions about the character and derivation of rights, it is important to see whether those criticisms hold up. I wish to comment on the one I think to be most crucial.

In his recent paper, “Justice as Fairness: Political not Metaphysical,” John Rawls makes use of a footnote to disown what to many readers must have seemed one of the most striking and original underlying ideas of his theory of justice, that it “is a part, perhaps the most significant part, of the theory of rational choice.” That Rawls should issue this disclaimer indicates, at least in my view, that he has a much clearer understanding of his theory, and its relationship (...) to rational choice than he did at the time that he wrote A Theory of Justice. As I note in Morals by Agreement, Rawls does not show that principles of justice are principles of rational choice. Hence, in appropriating the idea, I can claim diat I am undertaking a pioneering enterprise. No doubt Thomas Hobbes would have undertaken it had the resources of the theory of rational choice been at his disposal, but I do not intend to pursue counterfactuals in a search for historical antecedents. Moral theory as rational choice theory is, I claim, a new venture. (shrink)