Directed duties are duties that an agent owes to some party – a party who would be wronged if the duty were violated. A ‘direction problem’ asks what it is about a duty in virtue of which it is directed towards one party, if any, rather than another. I discuss three theories of moral direction: control, demand and interest theories. Although none of these theories can be rejected out of hand, all three face serious difficulties.

How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking (...) about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong. (shrink)

Journal of Political Philosophy, EarlyView.

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)

Questions about the relative priorities of mind and language suffer from a double obscurity. First, it is often not clear which mental and linguistic facts are in question: we can ask about the relationship between any of the semantic or syntactic properties of public languages and the judgments, intentions, beliefs, or other propositional attitudes of speakers of those languages. Second, there is an obscurity about what 'priority' comes to here.We can approach the first problem by way of the second. Often, (...) talk about one class of facts being prior to another is glossed in terms of the claim that we can give an account of the latter in terms of the former. This gloss might seem to be a small advance, since it is .. (shrink)

Argues that, in acting for a reason, one takes that reason to explain one's action, not to justify it: reasons for acting need not be seen "under the guise of the good". The argument turns on the need to explain the place of "practical knowledge" - knowing what one is doing - in intentional action. A revised and expanded version of this material appears in Part One of "Reasons without Rationalism" (Princeton, 2007).

Any complete theory of “what we owe to each other” must be able to adequately accommodate directed or bipolar obligations, that is, those obligations that are owed to a particular individual and in virtue of which another individual stands to be wronged. Bipolar obligations receive their moral importance from their intimate connection to a particular form of recognition respect that we owe to each other: respect of another as a source of valid claims to whom in particular we owe certain (...) treatment and, at the very least, an apology if we fail to accord that treatment. While some of the most prominent accounts of interpersonal morality fail to adequately accommodate bipolar obligations, I here investigate a recent proposal that explicitly seeks to improve on these accounts—Stephen Darwall’s second-personal theory of morality. Ultimately, I object to Darwall’s theory on the grounds that his second-personal theory normatively ties bipolar obligations too closely to non-directed moral obligations or those that we are under, period. The problem for Darwall’s account is that any obligations that at first appear to be bipolar and owed to someone in particular turn out to be instances of non-directed moral obligations period that have their normative source in the representative authority of the moral community. Adequately accommodating bipolar obligations requires taking seriously a novel second-personal approach, according to which we locate the normative sources of our interpersonal obligations in the claims and demands particular persons and deliberate from what I call the pairwise or bipolar standpoint. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Claiming rights against one another is a perfectly familiar phenomenon. We express the elementary thought you cannot do that to me in a variety of ways. And yet, in spite of the perfect familiarity of this phenomenon, the two standard philosophical theories of rights face notorious difficulties in accounting for it. My aim in this paper is to introduce a distinctive, second-personal account of rights. I will call this the independence theory of rights, the view that rights are specifications of (...) a basic right to independence against another. And I will argue that by taking as basic the second-personal thought you cannot do that to me the independence theory best illuminates the basic phenomenon of having rights against one another. (shrink)

Explains how a contractualist moral theory can explain the moral phenomena commonly called rights, although it does not appeal to the notion of a right as a basic element of moral thinking, or explain the difference between rights violations and wrongs of other kinds. Argues that the latter failure is not an important fault.

This article evaluates what Scanlon has written on contractualism from the perspective of the theory of rights. It asks: where are the rights within contractualism? And: where is contractualism within the space of rights? Scanlon’s discussions and omissions show the urgency of aligning contractualism with an adequate analysis of rights. Topics include what rights are, how to tell who has them, and the importance of thinking about the power to change them.

ABSTRACTTo whom is a duty owed? Contractualism answers with an interest theory of direction. As such, it faces three challenges. The Conceptual Challenge requires acknowledgment that a duty is conceptually distinct from an interest. The Extensional Challenge requires an account of cases in which one who is owed a duty does not take an interest in the duty, or does not take as much of an interest as someone who is not owed the duty. The Positivist Challenge requires explanation of (...) the great flexibility of law and other social practices in positing duties that do not reflect the landscape of moral interests. Contractualism can be shown to meet these challenges once we acknowledge the centrality of the idea of a generic interest. Focusing on generic interests also illuminates the distinctive form of respect involved in directedness. (shrink)