In A Theory of Justice, John Rawls provides several arguments contractors in the original position using maximin reasoning, which leads directly to the difference principle. These arguments are inadequate to support the claim that maximin reasoning is the uniquely rational approach to choice in the original position.

Experimental results on the Ellsberg paradox typically reveal behavior that is commonly interpreted as ambiguity aversion. The experiments reported in the current paper find the objective probabilities for drawing a red ball that make subjects indifferent between various risky and uncertain Ellsberg bets. They allow us to examine the predictive power of alternative principles of choice under uncertainty, including the objective maximin and Hurwicz criteria, the sure-thing principle, and the principle of insufficient reason. Contrary to our expectations, the principle (...) of insufficient reason performed substantially better than rival theories in our experiment, with ambiguity aversion appearing only as a secondary phenomenon. (shrink)

Decision theory requires agents to assign probabilities to states of the world and utilities to the possible outcomes of different actions. When agents commit to having the probabilities and/or utilities in a decision problem defined by objective features of the world, they may find themselves unable to decide which actions maximize expected utility. Decision theory has long recognized that work-around strategies are available in special cases; this is where dominance reasoning, minimax, and maximin play a role. Here we describe (...) a different work around, wherein a rational decision about one decision problem can be reached by ‘interpolating’ information from another problem that the agent believes has already been rationally solved. (shrink)

There has been much discussion on the two-envelope paradox. Clark and Shackel (2000) have proposed a solution to the paradox, which has been refuted by Meacham and Weisberg (2003). Surprisingly, however, the literature still contains no axiomatic justification for the claim that one should be indifferent between the two envelopes before opening one of them. According to Meacham and Weisberg, "decision theory does not rank swapping against sticking [before opening any envelope]" (p. 686). To fill this gap in the literature, (...) we present a simple axiomatic justification for indifference, avoiding any expectation reasoning, which is often considered problematic in infinite cases. Although the two-envelope paradox assumes an expectation-maximizing agent, we show that analogous paradoxes arise for agents using different decision principles such as maximin and maximax, and that our justification for indifference before opening applies here too. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community interests. (...) At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (shrink)

In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...) respond to the objection that this explanation disregards the perspective of the first generation. I demonstrate that this objection ceases to be a concern when a proper account of the parties’ reasoning is developed. What is notable about the explanation I defend is that it relies on the parties adopting maximax – not maximin – as a rule for rational decision making. Having established this intermediary conclusion, I depart with Rawls and consider what savings principle the parties would choose if given more options. Ultimately, I argue that the parties would select a principle that Rawls would have undoubtedly rejected if presented to him at face value. This is because the principle of savings I argue would be selected requires continual economic growth over generations to increase upwards indefinitely – a conclusion Rawls is explicitly trying to avoid in his theory of justice. (shrink)

In this study I analyse the performance of a democratic decision-making rule: the weighted majority rule. It assigns to each voter a number of votes that is proportional to her stakes in the decision. It has been shown that, for collective decisions with two options, the weighted majority rule in combination with self-interested voters maximises the common good when the latter is understood in terms of either the sum-total or prioritarian sum of the voters’ well-being. The main result of my (...) study is that this argument for the weighted majority rule — that it maximises the common good — can be improved along the following three main lines. (1) The argument can be adapted to other criteria of the common good, such as sufficientarian, maximin, leximin or non-welfarist criteria. I propose a generic argument for the collective optimality of the weighted majority rule that works for all of these criteria. (2) The assumption of self-interested voters can be relaxed. First, common-interest voters can be accommodated. Second, even if voters are less than fully competent in judging their self-interest or the common interest, the weighted majority rule is weakly collectively optimal, that is, it almost certainly maximises the common good given large numbers of voters. Third, even for smaller groups of voters, the weighted majority rule still has some attractive features. (3) The scope of the argument can be extended to decisions with more than two options. I state the conditions under which the weighted majority rule maximises the common good even in multi-option contexts. I also analyse the possibility and the detrimental effects of strategic voting. Furthermore, I argue that self-interested voters have reason to accept the weighted majority rule. (shrink)

Rawls’s consideration not to include the choice of economic systems as part of a theory of justice is inconsistent with his comments on redistribution and the political effects of economic inequality. When Rawls’s discussion of economic systems and his discussion of economic inequalities is examined, it is apparent that the selection of economic systems is a pertinent topic for a theory of justice. The propensity for the primary social good of self-respect to be satisfied can be affected by the selection (...) of economic systems. Rawls has incorrectly determined the selection of economic systems to be unimportant if different economic systems can be more advantageous to the satisfaction of self-respect than others. When socialism and Rawls’s version of regulated capitalism are compared, socialism is a maximin solution, and accordingly will be selected by people within the original position under the veil of ignorance. (shrink)

A layered approach to the evaluation of action alternatives with continuous time for decision making under the moral doctrine of Negative Utilitarianism is presented and briefly discussed from a philosophical perspective.

Social decisions are often made under great uncertainty – in situations where political principles, and even standard subjective expected utility, do not apply smoothly. In the first section, we argue that the core of this problem lies in decision theory itself – it is about how to act when we do not have an adequate representation of the context of the action and of its possible consequences. Thus, we distinguish two criteria to complement decision theory under ignorance – Laplace’s principle (...) of insufficient reason and Wald’s maximin criterion. After that, we apply this analysis to political philosophy, by contrasting Harsanyi’s and Rawls’s theories of justice, respectively based on Laplace’s principle of insufficient reason and Wald’s maximin rule – and we end up highlighting the virtues of Rawls’s principle on practical grounds (it is intuitively attractive because of its computational simplicity, so providing a salient point for convergence) – and connect this argument to our moral intuitions and social norms requiring prudence in the case of decisions made for the sake of others. (shrink)

What is the relationship between Immodesty and Permissivism? For permissivists, epistemically rational agents are sometimes permitted to take incompatible doxastic attitudes towards P. Immodesty is a requirement governing our estimations or beliefs about our own credences and standards. If agents believe that their standards and credences are not among the most truth-conducive ones available to them, they are not immodest. Some philosophers think that Immodesty is incompatible with Intrapersonal Permissivism :41–56, 2014, J Philos 116:237–262, 2019). Others think that Immodesty can (...) be used to respond to some objections against Interpersonal Permissivism :193–218). In this paper, we argue that Immodesty neither supports nor disproves Permissivism. (shrink)

One of the points of interest of A Theory of Justice was that it tied so tightly together efficiency and equity; however, this link was entrusted to the "principle of difference" and the related maximin rule, the very point that is dropped in this book. Now society as a cooperative enterprise becomes part of the shared concept of the just society and it is no longer the reason for its justification; on this basis, however, Rawls lucidly asks the question (...) about the justification for solidarity with those suffering from such severe handicaps to prevent then from making a contribution to this cooperative enterprise. His answer is that for the problems to which justice such as equity does not give an answer there are several possibilities: one is that the idea of political justice cannot cover everything and that we should not expect it to; or the problem may be a problem of political justice, but justice as fairness does not would be the correct conception in this case, though it may be in other cases. (shrink)