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  1. John Rawls: Two Concepts of Rules.Leslie Allan - manuscript
    In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.
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  2. Numbers, Fairness and Charity.Adam Hosein - manuscript
    This paper discusses the "numbers problem," the problem of explaining why you should save more people rather than fewer when forced to choose. Existing non-consequentialist approaches to the problem appeal to fairness to explain why. I argue that this is a mistake and that we can give a more satisfying answer by appealing to requirements of charity or beneficence.
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  3. Contractualism, Contemporary Approaches.Fred D’Agostino - forthcoming - Stanford Encyclopedia of Philosophy.
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  4. New Approaches to Social Contract Theory: Liberty, Equality, Diversity, and the Open Society (Under Contract).Michael Moehler & John Thrasher (eds.) - forthcoming - Oxford: Oxford University Press.
    This volume features new approaches to social contract theory. Whereas traditional social contract theories and their adaptations in the 20th century were developed for fairly homogeneous societies, societies in the 21st century often are characterized by conflicting first-order directives that stem from deep moral, political, religious, and cultural diversity. To address such diversity and the complexities of contemporary societies, new approaches (including formal approaches) to social contract theory have emerged that re-envision the social contract for a fragmented and sometimes polarized, (...)
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  5. Specifying Contractualism: How to Reason About What We Owe to Each Other.Ken Oshitani - forthcoming - Journal of Value Inquiry:1-18.
    Moral contractualism holds that addressing our minds to the morality of right and wrong involves identifying principles for the mutual regulation of behavior that could be the object of reasonable agreement among persons if they were appropriately motivated and fully informed. A common criticism of the theory is that the test of reasonable agreement it endorses is indeterminate. To be more specific, it is claimed that the notion of reasonableness is too vague or ill-defined to be of use in guiding (...)
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  6. Moral Obligation: Relational or Second-Personal?Janis David Schaab - forthcoming - Ergo: An Open Access Journal of Philosophy.
    The Problem of Obligation is the problem of how to explain the features of moral obligations that distinguish them from other normative phenomena. Two recent accounts, the Second-Personal Account and the Relational Account, propose superficially similar solutions to this problem. Both regard obligations as based on the claims or legitimate demands that persons as such have on one another. However, unlike the Second-Personal Account, the Relational Account does not regard these claims as based in persons’ authority to address them. Advocates (...)
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  7. Other People.Kieran Setiya - forthcoming - In Sarah Buss & Nandi Theunissen (eds.), Rethinking the Value of Humanity.
    Argues for the role of personal acquaintance in both love and concern for individuals, as such. The challenge is to say what personal acquaintance is and why it matters in the way it does. These questions are addressed through the work of Emmanuel Levinas. Topics include: the ethics of aggregation, the basis of moral standing, and the value of human life.
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  8. Contractualism.Jussi Suikkanen - forthcoming - In Michael Hemmingsen (ed.), Ethical Theory in Global Perspective. New York, NY, USA: SUNY Press.
    This is a chapter on contractualism for Ethical Theory in Global Perspective, edited by Michael Hemmingsen (SUNY Press). The chapter (i) outlines contractualism as an ethical theory, (ii) explains how it differs from classical utilitarianism, (iii) explores the differences between ex post and ex ante contractualism, and (iv) finally looks at two traditional objections to the view.
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  9. Private Property and the Possibility of Consent. Immanuel Kant and Social Contract Theory.Alice Pinheiro Walla - forthcoming - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. University of Wales Press.
  10. Policing.Luke William Hunt - 2023 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy.
    This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.
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  11. J. Suikkanen, Contractualism.Yoann Della Croce - 2022 - Journal of Moral Philosophy 19 (2):213-216.
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  12. Contractualism and the Moral Point of View.Ken Oshitani - 2022 - Ethical Theory and Moral Practice 25 (4):667-684.
    In this paper, I argue that accounts of the normative basis of morality face the following puzzle, drawing on a case found in Susan Wolf’s influential discussion of conflicts between the moral and personal points of view. On the one hand, morality appears to constitute an independent point of view that can intelligibly conflict with, and can conceivably be overruled by, the verdicts of other points of view. On the other hand, moral demands appear to carry a distinctive sort of (...)
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  13. Hooker's Rule‐Consequentialism and Scanlon's Contractualism—A Re‐Evaluation.Jussi Suikkanen - 2022 - Ratio 35 (4):261-274.
    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 (...)
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  14. Constructivist Contractualism and Future Generations.Emil Andersson & Gustaf Arrhenius - 2021 - In Stephen M. Gardiner (ed.), The Oxford Handbook of Intergenerational Ethics. Oxford:
    In constructivist contractualist theories, such as Rawls’, principles of justice should mirror beliefs that we all, in some sense, share. One would then arrive at principles that everybody could, in that sense, accept. These principles should specify, among other things, to whom to distribute the relevant benefits and burdens and to whom to assign responsibility for the distribution. In addition to this classical assignment problem, however, constructivist contractualism must also deal with a new, and quite different, assignment problem sincewhat to (...)
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  15. Just Social Risk Imposition and the Demand for Fair Risk Sharing.Yunmeng Cai - 2021 - Journal of Moral Philosophy 19 (3):254-279.
    Existing accounts of social insurance tend to treat social risks as given and ask whether it is justified for the state to deal with these risks for its citizens. They ignore that many common risks are in fact imposed on citizens as a byproduct of the institutional choices of the society, which call for justification in the first place. In this paper, I use the Scanlonian contractualist framework to develop an account of just social risk imposition which implies a demand (...)
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  16. Contractualism and Absolutism.Victor Mardellat - 2021 - Journal of Value Inquiry 55 (4):745-764.
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  17. Contractualism, Complaints, and Risk.Bastian Steuwer - 2021 - Journal of Ethics and Social Philosophy 19 (2).
    How should contractualists assess the permissibility of risky actions? Both main views on the question, ex ante and ex post, fail to distinguish between different kinds of risk. In this article, I argue that this overlooks a third alternative that I call “objective ex ante contractualism”. Objective ex ante substitutes discounting complaints by epistemic risk in favor of discounting by objective risk. I further argue in favor of this new view. Objective ex ante contractualism provides the best model of justifiability (...)
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  18. Ethical Theories as Methods of Ethics.Jussi Suikkanen - 2021 - Oxford Studies in Normative Ethics 11:247-269.
    This chapter presents a new argument for thinking of traditional ethical theories as methods that can be used in first-order ethics - as a kind of deliberation procedures rather than as criteria of right and wrong. It begins from outlining how ethical theories, such as consequentialism and contractualism, are flexible frameworks in which different versions of these theories can be formulated to correspond to different first-order ethical views. The chapter then argues that, as a result, the traditional ethical theories cannot (...)
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  19. Rawls’s Justification Model for Ethics: What Exactly Justifies the Model?Necip Fikri Alican - 2020 - Dialogue and Universalism 30 (1):171–190.
    This is a defense of Rawls against recent criticism, ironically my own, though it is also a critique insofar as it addresses a problem that Rawls never does. As a defense, it is not a retraction of the original charges. As a critique, it is not more of the same op-position. In either capacity, it is not an afterthought. The charges were conceived from the outset with a specific solution in mind, which would have been too distracting to pursue in (...)
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  20. One-by-One: Moral Theory for Separate Persons.Bastian Steuwer - 2020 - Dissertation, London School of Economics
    You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...)
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  21. Contractualism.Jussi Suikkanen - 2020 - Cambridge: Cambridge University Press.
    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 (...)
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  22. Why Should I Respect You? A Critique and a Suggestion for the Justification of Mutual Respect in Contractualism.Baldwin Wong - 2020 - Philosophical Forum 51 (3):261-278.
    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 (...)
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  23. Contratualismo ex post e ex ante: como evitar a agregação.Gustavo Oliva de Oliveira - 2019 - In Eduardo Alves, Gregory Gaboardi, Claiton Silva da Costa & David Fraga (eds.), XIX Semana Acadêmica do PPG em Filosofia da PUCRS - Volume 1. Porto Alegre, RS, Brasil: pp. 131-139.
    Contractualism has obtained relative success in moral theory for being able to deal with cases in which consequentialist theories of morality fail, specially those that involve problems with aggregation. Aggregation is, simply put, the ideia that we should measure the value of an action not by considering how it affects each individual, but by adding the good its consequences produce, looking for the best "balance" of good. Philosophers like John Rawls and T. M. Scanlon pointed out that aggregation seems to (...)
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  24. The Moral Limits of Open‐Mindedness.Matt A. Ferkany - 2019 - Educational Theory 69 (4):403-419.
    Epistemologists have long worried that the willingness of open-minded people to reconsider their beliefs in light of new evidence is both a condition of improving their beliefs and a risk factor for losing their grip on what they already know. In this paper I introduce and attempt to resolve a moral variation of this puzzle: A willingness to engage people having strange or (to us) repugnant moral ideals looks like a condition of broadening our moral horizons, but also a risk (...)
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  25. Diversity, Stability, and Social Contract Theory.Michael Moehler - 2019 - Philosophical Studies 176 (12):3285-3301.
    The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...)
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  26. Replies to Gaus, Van Schoelandt and Cooper: Prudence, Morality and the Social Contract.Michael Moehler - 2019 - Analysis 79 (1):140-153.
    Abstract. In Minimal Morality (2018), I develop a multilevel social contract theory that accommodates deep moral pluralism. In this article, I reply to comments by Gaus, Van Schoelandt and Cooper concerning the three core projects of the book that aim to (i) revive orthodox rational choice contractarianism as a viable approach to the social contract, (ii) integrate this approach into a comprehensive social contract theory and (iii) show the applicability of the theory to the real world. My replies clarify some (...)
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  27. Summary of Minimal Morality: A Multilevel Social Contract Theory.Michael Moehler - 2019 - Analysis 79 (1):103-105.
    In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...)
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  28. Kantian Constructivism : A Restatement.Janis David Schaab - 2019 - Dissertation, St. Andrews
    This thesis provides a restatement of Kantian constructivism, with the aim of avoiding some of the objections and clearing up some of the ambiguities that have haunted previous versions of the view. I restate Kantian constructivism as the view that morality’s normativity has its source in the form of second-personal reasoning, a mode of practical reasoning in which we engage when we address demands person-to-person. By advancing a position about the source of moral normativity, Kantian constructivism addresses a metaethical question, (...)
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  29. Contractualism for Us As We Are.Nicholas Southwood - 2019 - Philosophy and Phenomenological Research 99 (3):529-547.
    A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...)
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  30. Contractualism and Radical Pluralism.Nicholas Southwood - 2019 - Journal of Moral Philosophy 16 (2):225-238.
    How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different kind (...)
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  31. Ex Ante and Ex Post Contractualism: A Synthesis.Jussi Suikkanen - 2019 - The Journal of Ethics 23 (1):77-98.
    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 (...)
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  32. Linking Faith and Trust: Of Contracts and Covenants.Ionut Untea - 2019 - Teoria 39 (1):157-168.
    Trust is so intimately linked with faith that sometimes trust needs faith to unfold in a relationship. I argue that the role of this faith element in trust is to elevate the status of the one in which we trust so as to emphasize the equal dignity of all the participants in the relationship of trust. Against views that focus on a «rational» trust based on an exaggerated emphasis on the capacity of self-trust as a point of departure for the (...)
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  33. The Moral Obligation to Be Vaccinated: Utilitarianism, Contractualism, and Collective Easy Rescue.Alberto Giubilini, Thomas Douglas & Julian Savulescu - 2018 - Medicine, Health Care and Philosophy 21 (4):547-560.
    We argue that individuals who have access to vaccines and for whom vaccination is not medically contraindicated have a moral obligation to contribute to the realisation of herd immunity by being vaccinated. Contrary to what some have claimed, we argue that this individual moral obligation exists in spite of the fact that each individual vaccination does not significantly affect vaccination coverage rates and therefore does not significantly contribute to herd immunity. Establishing the existence of a moral obligation to be vaccinated (...)
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  34. Avant-propos : Contrats de partenariat public privé (2018) par Pascal Mukonde Musulay ISBN 978-2-88931-244-3.Ignace Haaz - 2018 - Globethics African Law Series No. 5.
    Le présent ouvrage fait suite aux deux précédents volumes de l’auteur : (2015) Droit des affaires en Afrique subsaharienne et économie planétaire, et (2016) : Démocratie électorale en Afrique subsaharienne Entre droit, pouvoir et argent, publiés par les Éditions Globethics. Bien que Pascal Mukonde convoque le thème du contrat du point de vue strictement juridique et dans le contexte du droit africain en RD. Congo, sur une ligne de recherche systématique (p.75), nous souhaitons mentionner comme préliminaire, la place de l’éthique (...)
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  35. Marcus Arvan, Rightness as Fairness: A Moral and Political Theory, Basingstoke, UK: Palgrave Macmillan, 2016, Xi + 271 Pp., £88.39 , ISBN 978‐1‐137‐54180‐2, eBook ISBN 978‐1‐137‐54181‐9. [REVIEW]François Jaquet - 2018 - Dialectica 72 (2):315-320.
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  36. The Rawls–Harsanyi Dispute: A Moral Point of View.Michael Moehler - 2018 - Pacific Philosophical Quarterly 99 (1):82-99.
    Central to the Rawls–Harsanyi dispute is the question of whether the core modeling device of Rawls' theory of justice, the original position, justifies Rawls' principles of justice, as Rawls suggests, or whether it justifies the average utility principle, as Harsanyi suggests. Many commentators agree with Harsanyi and consider this dispute to be primarily about the correct application of normative decision theory to Rawls' original position. I argue that, if adequately conceived, the Rawls–Harsanyi dispute is not primarily a dispute about the (...)
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  37. Wouldn't It Be Nice? Moral Rules and Distant Worlds.Abelard Podgorski - 2018 - Noûs 52 (2):279-294.
    Traditional rule consequentialism faces a problem sometimes called the ideal world objection—the worry that by looking only at the consequences in worlds where rules are universally adhered to, the theory fails to account for problems that arise because adherence to rules in the real world is inevitably imperfect. In response, recent theorists have defended sophisticated versions of rule consequentialism which are sensitive to the consequences in worlds with less utopian levels of adherence. In this paper, I argue that these attempts (...)
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  38. Why It is Disrespectful to Violate Rights: Contractualism and the Kind-Desire Theory.Janis Schaab - 2018 - Philosophical Studies 175 (1):97-116.
    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 (...)
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  39. Contractualism as Restricted Constructivism.Jussi Suikkanen - 2018 - Topoi 37 (4):571-579.
    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 (...)
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  40. Prioritarianism Without Consequentialism.Yingying Tang & Lei Zhong - 2018 - Kriterion: Journal of Philosophy 59 (141):943-956.
    According to prioritarianism, an influential theory of distributive justice, we have a stronger reason to benefit people the worse off these people are. Many authors have adopted a consequentialist version of prioritarianism. On this account, we have a consequentialist reason to benefit the worse off because the state of affairs where the worse off gains a given amount of utility is more valuable than the state of affairs where the better off gains roughly the same amount of utility. In this (...)
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  41. Responsibility Allocation and Human Rights.Anthony Reeves - 2017 - Ethical Theory and Moral Practice 20 (3):627-642.
    How does morality allocate responsibility for what it requires? I am concerned here with one fundamental part of this question, namely, how morality determines responsibility when multiple agents are capable of contributing to or completing a moral task, and special relationships capable of generating duties with respect to the task are non-existent, insufficient as a moral response, or partly indeterminate. On one view, responsibility falls to the agents who can bear it with the least burden. I show why this is (...)
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  42. Wrong-Making Reasons.Kieran Setiya - 2017 - In Simon Kirchin (ed.), Reading Parfit: On What Matters. Routledge. pp. 123-134.
    Argues that there is a problem of redundancy for Kantian Contractualism in light of plausible claims about the reason-giving force of wrong-making facts.
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  43. Contractualism and the Counter-Culture Challenge.Jussi Suikkanen - 2017 - Oxford Studies in Normative Ethics 7:184-206.
    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 (...)
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  44. Must Politics Be War? Restoring Our Trust in the Open Society.Kevin Vallier - 2017 - New York, NY, USA: Oxford University Press.
    Americans today are far less likely to trust their institutions, and each other, than in decades past. This collapse in social and political trust arguably fuels our increasingly ferocious ideological conflicts and hardened partisanship. Many believe that our previously high levels of trust and bipartisanship were a pleasant anomaly and that we now live under the historic norm. Seen this way, politics itself is nothing more than a power struggle between groups with irreconcilable aims: contemporary American politics is war because (...)
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  45. Rightness as Fairness.Marcus Arvan - 2016 - In Rightness as Fairness: A Moral and Political Theory. New York, USA: Palgrave MacMillan. pp. 153-201.
    Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to but superior to (...)
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  46. What We Owe to Hypocrites: Contractualism and the Speaker‐Relativity of Justification.Johann Frick - 2016 - Philosophy and Public Affairs 44 (4):223-265.
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  47. Relational Contractualism and Future Persons.Michael Gibb - 2016 - Journal of Moral Philosophy 13 (2):135-160.
    _ Source: _Volume 13, Issue 2, pp 135 - 160 A moral theory should tell us something about our obligations to future persons. It is therefore sometimes objected that contractualist moral theories cannot give a satisfactory account of such obligations, as there is little to motivate a contract with persons who can offer us almost nothing in return. I will argue that more recent “relational” forms of contractualism escape these objections. These forms of contractualism do, however, remain vulnerable to Derek (...)
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  48. The Structure of Accountability: An Analysis Applied to Animals.Carl Hammer - 2016 - Journal of Philosophical Research 41:151-174.
    There is a growing trend toward recognizing that moral obligation is centrally grounded in accountability. This, however, may seem to offer another argument, perhaps in the footsteps of Kant, that other animals have no moral standing. Accountability seems to be grounded in some kind of authoritative demands and, as Stephen Darwall puts it, “second-personal address.” Other animals are not competent in such practices, so they may seem to be left out of the domain of obligation. I argue that demand-accountability-based obligation (...)
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  49. Orthodox Rational Choice Contractarianism: Before and After Gauthier.Michael Moehler - 2016 - Politics, Philosophy and Economics 15 (2):113-131.
    In a recent article, Gauthier rejects orthodox rational choice contractarianism in favor of a revisionist approach to the social contract that, according to him, justifies his principle of maximin proportionate gain as a principle of distributive justice. I agree with Gauthier that his principle of maximin proportionate gain cannot be justified by orthodox rational choice contractarianism. I argue, however, that orthodox rational choice contractarianism, before and after Gauthier, is still a viable approach to the social contract, although the scope of (...)
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  50. Social Contract Theory for a Diverse World: Beyond Tolerance.Ryan Muldoon - 2016 - Routledge.
    Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...)
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