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)

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 permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals. It has been shown that moral codes should be compared at a lower than 100% level of social acceptance. This leads to the counter-culture challenge. The problem is that the cultural background of (...) the individuals who have not internalized the majority code affects the consequences of the codes and furthermore there does not seem to be a non-arbitrary way of choosing the minority cultures. This chapter first surveys and critically evaluates different responses to this challenge. It then outlines a version of ‘Real World Contractualism’, which offers the best response to the counter-culture challenge. (shrink)

Most contractualist ethical theories have a subjunctivist structure. This means that they attempt to make sense of right and wrong in terms of a set of principles which would be accepted in some idealized, non-actual circumstances. This makes these views vulnerable to the so-called conditional fallacy objection. The moral principles that are appropriate for the idealized circumstances fail to give a correct account of what is right and wrong in the ordinary situations. This chapter uses two versions of contractualism (...) to illustrate this problem: Nicholas Southwood’s and a standard contractualist theory inspired by T.M. Scanlon’s contractualism. It then develops a version of Scanlon’s view that can avoid the problem. This solution is based on the idea that we also need to compare different inculcation elements of moral codes in the contractualist framework. This idea also provides a new solution to the problem of at what level of social acceptance should principles be compared. (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)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this (...) version of Scanlonian contractualism to bear on the question of whether the death penalty, life imprisonment, long sentences, or shorter sentences can be justified, given that there is a non-negligible rate of erroneous conviction. Contractualism holds that a permissible act must be justifiable to everyone affected by it. Yet, given the non-negligible rate of erroneous conviction, it is unjustifiable to mete out the death penalty, because such a punishment is not justifiable to innocent murder convicts. It is further argued that life imprisonment will probably not be justified (unless lowering the sentence to a long sentence will drastically increase the murder rate). However, whether this line of argument could be further extended would depend on the impact of lowering sentences on communal security. (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)

A number of theorists have argued that Scanlon's contractualist theory both "gets around" and "solves" the non-identity problem. They argue that it gets around the problem because hypothetical deliberation on general moral principles excludes the considerations that lead to the problem. They argue that it solves the problem because violating a contractualist moral principle in one's treatment of another wrongs that particular other, grounding a person-affecting moral claim. In this paper, I agree with the first claim but note that (...) all it shows is that the act is impersonally wrong. I then dispute the second claim. On Scanlon's contractualist view, one wrongs a particular other if one treats the other in a way that is unjustifiable to that other on reasons she could not reasonably reject. We should think of person-affecting wronging in terms of the reasons had by the actual agent and the actual person affected by the agent's action. In non-identity cases, interpersonal justifiability is therefore shaped both by the reason to reject the treatment provided by the bad suffered and the reason to affirm the treatment provided by the goods had as a result of existing. I argue it would be reasonable for the actual person to find the treatment justifiable, and so I conclude that Scanlon's contractualist metaethics does not provide a narrow person-affecting solution to the non-identity problem on its own terms. I conclude that the two claims represent a tension within Scanlon's contractualist theory itself. (shrink)

The Complaint Model is an interpretation of Scanlon’s contractualism which holds that (1) an individual can reasonably reject a distribution of well-being when her complaint against that distribution is larger than any other person’s complaint against any other distribution. The Complaint Model further holds that (2) the size of an individual’s complaint against a distribution is a function of (2a) her absolute level of well-being under that distribution, with the size of her complaint increasing as her absolute level of (...) well-being decreases, and (2b) the size of her loss in well-being under that distribution relative to the level of well-being she could have enjoyed under the distribution most favourable to her, with the size of her complaint increasing as her loss increases. In this paper, I argue that the Complaint Model should be rejected, because the way in which it takes individuals’ losses into account leads to strongly counterintuitive results. In particular, I show that the Complaint Model may sacrifice the well-being associated with the least-well-off, secondleast-well-off, etc. positions for the sake of minimizing the largest complaint. I also argue that revisions to element (1) to allow for the aggregation of complaints must either leave the Complaint Model vulnerable to this objection or lead it to collapse into prioritarianism. The failure of the Complaint Model may lead us to search for an alternative way of taking losses into account. I conclude by arguing that the attractiveness of the Anonymous Pareto principle poses a challenge to any such alternative. (shrink)

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 under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (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)

I develop an account of the property in virtue of which actions are wrong that retains the notion of unreasonableness but rejects Scanlon's contractualist framework. Specifically, I maintain (roughly) that the property of treating another unreasonably better explains what makes an act wrong than does the property of it being prohibited by principles that contractors with an ideal motivation could not reasonably reject. One advantage of my alternative is a more straightforward way to capture duties towards animals.

Jimmy expresses sympathy for Scanlon’s contractualism but wonders whether it might be better developed in the context of a Humean expressivism. Jimmy presses this point, in part, by observing that much of what Scanlon wants to say about moral and normative discourse, such as their logical discipline and apparent truth-aptitude, can be accommodated by the expressivist. If all that Scanlon wants to say about moral and normative discourse can be accommodated by the expressivist then what content can be given (...) to his denial of expressivism, to his commitment to a cognitive understanding of moral judgment and judgments of reasons? The appearance of a genuine dispute between Scanlon and the expressivist can seem to slip quietly out of view. In this reply I will focus in detail on one strand of Scanlon’s thought that raises difficulties for the expressivist model that Jimmy favors. The point is to emphasize that there is indeed a genuine dispute between Scanlon and the expressivist and to suggest, tentatively, that Scanlon’s contractualism might require its present cognitive development. (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)

The rule of rescue holds that special weight should be given to protecting the lives of assignable individuals in need, implying that less weight is given to considerations of cost-effectiveness. This is sometimes invoked as an argument for funding or reimbursing life-saving treatment in public healthcare even if the costs of such treatment are extreme. At first sight one might assume that an individualist approach to ethics—such as Scanlon’s contractualism—would offer a promising route to justification of the rule of (...) rescue. In this chapter I argue that contractualism cannot endorse the rule of rescue, whereas a collectivist approach that appeals to group solidarity would offer support for rescue cases. The argument, however, has its limitations, and though solidarity is of central concern in shaping public healthcare, there are good reasons for not endorsing the rule of rescue as a moral basis for allocating scarce resources in clinical care. (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent (...) has the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (shrink)

T. M. Scanlon suggests that the binding nature of promises itself plays a role in allowing a promisee rationally to expect follow through even while that binding nature itself depends on the promisee’s rational expectation of follow through. Kolodny and Wallace object that this makes the account viciously circular. The chapter defends Scanlon’s theory from this objection. It argues that the basic complaint is a form of wrong kinds of reason objection. The thought is that the promisee’s reason to expect (...) compliance are undermined if the promise is binding only when the promisee forms that very expectation. The chapter suggests that other uncontroversially rational processes of multi-person coordination involve beliefs with the very same feature. Focal point reasoning in the theory of games is one example. In coordination situations it can be rational to believe that another person will do something precisely because that person expects you to believe what one does about what they’ll do. An examination of the reasoning in such cases motivates a group reflection principle that vindicates the reasoning employed in Scanlon’s account. -/- . (shrink)

We often say that one reason is stronger, or weightier, than another. These are metaphors. What does normative strength or weight really consist in? Scanlon (2014) offers a novel answer to this question. His answer appeals to counterfactuals of various kinds. I argue that appealing to counterfactuals leads to deep problems for his view.

Kates argues that ex ante contractualism fails to defend interference with sweatshops on moral grounds. In this commentary, I argue that Kates does not apply this approach correctly. Ex ante contractualism, indeed, successfully defends interference and thus should still be considered an appealing alternative to other moral approaches for evaluating when and how to interfere in sweatshop conditions to help workers.

John and Curran have convincingly shown that Scanlonian contractualism is a valuable resource for evaluating pandemic response policies, and that we should reject cost–benefit analysis in favour of a contractualist framework. However, they fail to consider the part of contractualism that Scanlon constructed precisely to deal with the question of when the state can restrict individuals from making choices that are harmful to themselves and others: the value of choice view. In doing so, they leave it open for (...) opponents of lockdowns to misuse contractualism to justify mistaken policies. This is because the most powerful contractualist objections to locking down are likely to be based on the VoC. When we apply the value of choice view, we see that a lockdown policy’s justifiability depends on the extent to which particular values of choice are found to be threatened by the policy in question, and what safeguards policy-makers have put in place to increase the value of choice and protect people from the harmful consequences of lockdown. Without the VoC, it is harder to explain why lockdowns, to be non-rejectable, must have certain features. With the VoC, the case for contractualism over cost benefit analysis can be made even stronger. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

In this essay, I argue that contractualism, even when it is actually used to construe our moral duties towards non-human animals, does not do so naturally. We can infer from our experiences with companion animals that we owe moral duties to them because of special relationships we are in with them. We can further abstract that we owe general moral duties to non-human animals because they are the kinds of beings that we can have relationships with, and because of (...) the capacities that make possible this relational capacity. This type of approach better explains our duties to non-human animals and other non-rational beings than does the trustee account that Scanlon leaves room for in his contractualism. (shrink)

Metaethics is often dominated by both realist views according to which moral claims are made true by either non-natural or natural properties and by non-cognitivist views according to which these claims express desire-like attitudes. It is sometimes suggested that constructivism is a fourth alternative, but it has remained opaque just how it differs from the other views. To solve this problem, this article first describes a clear constructivist theory based on Crispin Wright’s anti-realism. It then outlines an argumentative strategy that (...) can be used to argue against constructivist views about practical reasons. The rest of the article explains how the outlined constructivist metaethical framework, reasons, and contractualism in normative ethics can still be used to create a new viable metaethical constructivist position about right and wrong. (shrink)

This article explores Darwall’s second-­‐personal account of morality, which draws on Fichte’s practical philosophy, particularly Fichte’s notions of a summons and principle of right. Darwall maintains that Fichte offers a philosophically more appealing account of relations of right than Kant. Likewise, he thinks that his second-­‐personal interpretation of morality gives rise to contractualism. I reject Darwall’s criticism of Kant’s conception of right. Moreover, I try to show that Darwall’s second-­‐personal conception of morality relies on a Kantian form of (...) class='Hi'>contractualism. Instead of accepting Darwall’s claim that contractualism depends upon a second-­‐personal account of morality, I will argue that contractualism provides the foundations not only for second-­‐personal moral relations, but also for first-­‐personal moral authority. (shrink)

Contractualism is a normative theory which characterizes principles of right in terms of the idea of mutual respect. In this theory, mutual respect is regarded as having deliberative priority over other values. This essay aims to examine how contractualists can provide a satisfactory justification for prioritizing mutual respect. I will argue that the ‘value of mutual respect argument,’ which is a justification commonly adopted by contractualists, is inadequate because an unconditional priority of mutual respect cannot be grounded on the (...) desirability of a relationship of mutual respect. Then I will suggest that a ‘consistency argument’ can provide a better justification of why the idea of mutual respect should have priority. Mutual respect is of special importance, not because it is highly desirable, but rather because it is required by an a priori guiding principle of consistency. Individuals become inconsistent if they ask others to respect them as reason-assessing individuals, while at the same time refusing to respect others in the same way. (shrink)

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)

Mooreans claim that intrinsic goodness is a conceptual primitive. Fitting-attitude theorists object: they say that goodness should be defined in terms of what it is fitting for us to value. The Moorean view is often considered a relic; the fitting-attitude view is increasingly popular. I think this unfortunate. Though the fitting-attitude analysis is powerful, the Moorean view is still attractive. I dedicate myself to the influential arguments marshaled against Moore’s program, including those advanced by Scanlon, Stratton-Lake and Hooker, and Jacobson; (...) I argue that they do not succeed. (shrink)

Derek Parfit’s On What Matters endorses Kantian Contractualism, the normative theory that everyone ought to follow the rules that everyone could rationally will that everyone accept. This paper explores Parfit’s argument that Kantian Contractualism converges with Rule Consequentialism. A pivotal concept in Parfit’s argument is the concept of impartiality, which he seems to equate agent-neutrality. This paper argues that equating impartiality and agent-neutrality is insufficient, since some agent-neutral considerations are silly and some are not impartial. Perhaps more importantly, (...) there is little realistic prospect of Kantian Contractualism converging with Rule Consequentialism unless the same impartial reasons drive rule selection in the two theories. (shrink)

Many welfarists wish to assign to each possible state of the world a numerical value that measures something like its moral goodness. How are we to determine this quantity? This paper proposes a contractualist approach: a legitimate measure of moral goodness is one that could be justified to each member of the population in question. How do we justify a measure of moral goodness to each individual? Each individual recognises the measure of moral goodness must be a compromise between the (...) different levels of well-being within the population. Some compromises are more reasonable than others; and some are better justifiable to a given member of the population than others. Each member recognises that the social chooser's measure of moral goodness is going to have to deviate from the well-being function of at least some of the members of the population. But we can nonetheless justify it to each of them if it doesn't deviate more than is necessary, and if the deviations from each member are given equal weighting in whatever process we use to determine it. This paper proposes that we begin with a measure of the distance from a proposed compromise to an individual's level of well-being, and then say that the moral goodness is the candidate compromise that minimizes the sum of distances from it to the individuals' levels of well-being. I describe a range of such measures of distance and show that some give utilitarianism, others different versions of prioritarianism. (shrink)

A well-known debate in normative ethics is that between proponents of Act Consequentialism and Rule Consequentialism. Given the structural similarities between Rule Consequentialism and existing forms of Contractualism, one might expect a similar debate to arise among contractualists. However, this is not the case. Some, following T. M. Scanlon, even argue that this question is “misconceived” – that there is something deeply mistaken about considering the possibility of an act-based form of contractualism. In this paper, I challenge this (...) claim. (shrink)

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

In this paper, I offer an immanent critique of John Rawls’s theory of justice which seeks to show that Rawls’s understanding of his theory of justice as criteriological and contractarian is ultimately incompatible with his claim that the theory is grounded on the primacy of the practical. I agree with Michael Sandel’s observation that the Rawlsian theory of justice rests on substantive metaphysical and epistemological claims, in spite of Rawls’s assurances to the contrary. But while Sandel argues for even more (...) substantive metaphysical and epistemological commitments, I argue in the opposite direction. Following J. G. Fichte, I argue for a normative theory of society, not based on some particular notion of the good or on some contentious account of what all reasonable persons would agree to, but based only on the radical primacy of the practical, that is, based only on the seemingly empty premise that free beings - precisely because they are free - cannot be imagined in advance as all agreeing to any particular thing at all. (shrink)

This article reviews and criticizes Joseph Heath’s market failures approach (MFA) to business ethics. Our criticism is organized into three sections. First, we argue that, even under the ideal assumptions of perfect competition, when markets generate Pareto-efficient distributions, Heath’s approach does not rule out significant harms. Second, we show that, under nonideal conditions, the MFA is either too demanding, if efficiency is to be attained, or not sufficiently demanding, if the goal of Pareto efficiency is abandoned. Finally, we argue that (...) Heath’s appeal to regulations and specific moral requirements as a remedy for market failures is unlikely to safeguard efficiency and exposes a number of general worries regarding the moral force of the MFA. We end this article with a constructive suggestion on how to adjust the MFA to avoid these problems while preserving its contractualist and Paretian spirit. (shrink)

Although Donald Davidson is best known for his account of motivating reasons, towards the end of his life he did write about normative reasons, arguing for a novel form of realism we might call anomalous naturalism: anomalous, because it is not just non-reductive but also non-revisionary, refusing to compromise in any way on the thought that the prescriptive authority of normative reasons is objective and reaches to all possible agents; naturalism, because it still treats normative properties as perfectly ordinary causal (...) properties, and thus avoids many of the epistemological problems that bedevil realisms of the sort recently advanced by Thomas Nagel, Derek Parfit, and T. M. Scanlon. In the first section of the paper, I discuss Davidson’s understanding of objective prescriptivity and one important challenge that it faces. In the second section, I show how an answer to this challenge can be found in Davidson’s holism of the mental. As we shall see, Davidson’s holism of the mental makes the possibility of strongly prescriptive properties much easier to take seriously. In the final section of the paper, I take up various grounds for doubting that such properties could also be causal. (shrink)

Consider a binary afterlife, wherein some people go to Heaven, others to Hell, and nobody goes to both. Would such a system be just? Theodore Sider argues: no. For, any possible criterion of determining where people go will involve treating very similar individuals very differently. Here, I argue that this point has deep and underappreciated implications for moral philosophy. The argument proceeds by analogy: many ethical theories make a sharp and practically significant distinction between persons and non-persons. Yet, just like (...) in the binary afterlife, this involves treating very similar individuals very differently. I propose two ways out. The first is to deny that such theories are strictly speaking true, but to claim that it is practically best if people adopt them. The second is to modify such theories so as to allow for continuous variation in the scope and strength of the moral obligations arising from personhood. (shrink)

T. M. Scanlon’s ‘Reasons Fundamentalism’ rejects any naturalistic reduction of normative truths and it also rejects the type of non-naturalism that invokes a ‘special metaphysical reality.’ Here I argue that this still does not commit Scanlon—as some have thought—to an extreme ‘metaethical minimalism’ according to which there are no ‘truth makers’ at all for normative truths. I emphasize that the issue here is not just about understanding Scanlon, since the actual position defended by Scanlon might, more significantly, point the way (...) toward a satisfying non-reductive position in metaethics, one that embodies the ontological modesty that disavows any appeal to a ‘special metaphysical reality’ in Scanlon’s sense. (shrink)

T.M. Scanlon’s ‘reasons fundamentalism’ is thought to face difficulties answering the normative question—that is, explaining why it’s irrational to not do what you judge yourself to have most reason to do (e.g., Dreier 2014a). I argue that this difficulty results from Scanlon’s failure to provide a theory of mind that can give substance to his account of normative judgment and its tie to motivation. A central aim of this paper is to address this deficiency. To do this, I draw on (...) broadly cognitivist theories of emotion (e.g., Nussbaum 2001, Roberts 2013). These theories are interesting because they view emotions as cognitive states from which motivation emerges. Thus, they provide a model Scanlon can use to develop a richer account of both the judgment-motivation connection and the irrationality of not doing what you judge yourself to have most reason to do. However, the success is only partial—even this more developed proposal fails to give a satisfactory answer to the normative question. (shrink)

Derek Parfit argues that everyone ought to follow the principles whose universal acceptance would make things go best. I present a counterexample: a world in which no one's moral beliefs have any motivating force. I explain how Parfit's metaethical commitments imply that such a world is possible, and why this possibility is a problem for Parfit's project of reconciling Kantianism, contractualism, and consequentialism. I consider two of Parfit's responses to my counterexample.

Rawls’s contractualist approach to justice is well known for its adoption of ideal theory. This approach starts by setting out the political goal or ideal and leaves it to non-ideal or partial compliance theory to map out how to get there. However, Rawls’s use of ideal theory has been criticized by Sen from the right and by Mouffe from the left. We critically address these concerns in the context of developing a Rawlsian approach to climate justice. While the importance of (...) non-ideal theory for climate justice is increasingly being understood, its strategic and institutional importance for a Rawlsian approach needs further elaboration. We focus on the role of the Kantian conception of the reasonable and rational powers of persons in Rawls’s work and show how this helps us to develop a partial compliance theory that focuses on the importance of institutions and strategic political action for achieving climate justice. (shrink)

Recently, some philosophers have suggested that a form of robust realism about ethics, or normativity more generally, does not face a significant explanatory burden in metaphysics. I call this view metaphysically quietist normative realism . This paper argues that while this view can appear to constitute an attractive alternative to more traditional forms of normative realism, it cannot deliver on this promise. I examine Scanlon’s attempt to defend such a quietist realism, and argue that rather than silencing metaphysical questions about (...) normative reasons, his defense at best succeeds only in shifting the focus of metaphysical enquiry. I then set aside the details of Scanlon’s view, and argue on general grounds that that the quietist realist cannot finesse a crucial metanormative task: to explain the contrast between the correct normative system and alternative putatively normative standards. (shrink)

This is a contribution to the symposium on Tim Scanlon’s Being Realistic about Reasons. We have two aims here: First, we ask for more details about Scanlon’s meta-metaphysical view, showing problems with salient clarifications. And second, we raise independent objections to the view – to its explanatory productivity, its distinctness, and the argumentative support it enjoys.

In an overlooked section of his influential book What We Owe to Each Other Thomas Scanlon advances an argument against the desire-model of practical reasoning. In Scanlon’s view the model gives a distorted picture of the structure of our practical thinking. His idea is that there is an alternative to the “weighing behavior” of reasons, a particular way in which reasons can relate to each other. This phenomenon, which the paper calls “silencing”, is not something that the desire-model can accommodate, (...) or so Scanlon argues. The paper first presents and interprets Scanlon’s challenge. After this, the paper argues, through the examination of three responses, that Scanlon is right in claiming that the model cannot accommodate the phenomenon as he describes it. However, the paper further argues that there is no need to accept Scanlon’s depiction of silencing: advocates of the model can give an alternative account of what happens in cases of silencing that is just as plausible as Scanlon’s own. Scanlon’s challenge is thus, the paper concludes, illegitimate. (shrink)

In Being Realistic About Reasons,T.M. Scanlon develops a non-naturalistic realist account of normative reasons. A crucial part of that account is Scanlon’s contention that there is no deep epistemological problem for non-naturalistic realists, and that the method of reflective equilibrium suffices to explain the possibility of normative knowledge. In this critical notice we argue that this is not so: on a realist picture, normative knowledge presupposes a significant correlation between distinct entities, namely between normative beliefs and normative facts. This correlation (...) calls for an explanation. We show that Scanlon does not have the resources to offer such an explanation. (shrink)

Philosophers writing on moral responsibility inherit from P.F. Strawson a particular problem space. On one side, it is shaped by consequentialist accounts of moral criticism on which blame is justified, if at all, by its efficacy in influencing future behavior in socially desirable ways. It is by now a common criticism of such views that they suffer a "wrong kind of reason" problem. When blame is warranted in the proper way, it is natural to suppose this is because the target (...) deserves blame – thus opposing to consequentialist views of blame desert-based views. The latter, however, raise worries that blame is a form of retributive sanction whose justificatory burdens cannot be met. I evaluate T.M. Scanlon's recent attempt to maneuver this space. In doing so, I argue that although Scanlon’s relationship-impairment model of blame has clear advantages over consequentialist and desert-based alternatives, it fails: (1) to adequately appreciate the significance of person-focused emotional attitudes in constituting persons as agents subject to a nexus of normative expectations and demands, and (2) to recognize that a victim may owe nearly nothing *to* a blameworthy agent while nonetheless retaining unconditional moral obligations to act in certain ways (and forego acting in other ways) toward him. (shrink)

In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. We begin by explicating the (...) core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)

Although it is widely accepted that hypocritical blamers lack the standing to blame others who have committed similar wrongs, an account of what it is that’s lost when someone loses their standing to blame remains elusive. When moral address is inappropriate because it is or would be hypocritical, what is the precise nature of the complaint that the blamed party is entitled to raise, and that so often gets voiced as “I don’t have to take that from you”? In this (...) paper I argue that extant answers to this question fall short, and I offer a novel account that takes seriously the thought that hypocrisy somehow silences the blame of the hypocrite. To make sense of this silencing effect, I argue that we need to look closely at the role that second-personal reasons play in moral address. (shrink)

One key desideratum of a theory of blame is that it be able to explain why we typically have differing blaming responses in cases involving significant degrees of luck. T.M. Scanlon has proposed a relational account of blame, and he has argued that his account succeeds in this regard and that this success makes his view preferable to reactive attitude accounts of blame. In this paper, I aim to show that Scanlon's view is open to a different kind of (...) luck-based objection. I then offer a way of understanding moral luck cases which allows for a plausible explanation of our differential blaming responses by appealing to the salience of certain relevant features of the action in question. (shrink)