After 50 years of debate, the ethics of aggregation has reached a curious stalemate, with both sides arguing that only their theory treats people as equals. I argue that, on the issue of equality, both sides are wrong. From the premise that “each counts for one,” we cannot derive the conclusion that “more count for more”—or its negation. The familiar arguments from equality to aggregation presuppose more than equality: the Kamm/Scanlon “Balancing Argument” rests on what social choice theorists call “(Positive) (...) Responsiveness,” Kamm’s “Aggregation Argument” assumes that “equal” lives are fungible, and Hsieh et al. have it that spreading goods broadly best approximates equality. In each case, the crucial premise is not equality itself but a further idea that Taurek, I argue, can safely reject. I conclude with a conjecture: there is no theory-neutral argument that settles the question of whether the numbers count. (shrink)

Suppose you can save only one of two groups of people from harm, with one person in one group, and five persons in the other group. Are you obligated to save the greater number? While common sense seems to say ‘yes’, the numbers skeptic says ‘no’. Numbers Skepticism has been partly motivated by the anti-consequentialist thought that the goods, harms and well-being of individual people do not aggregate in any morally significant way. However, even many non-consequentialists think that Numbers Skepticism (...) goes too far in rejecting the claim that you ought to save the greater number. Besides the prima facie implausibility of Numbers Skepticism, Michael Otsuka has developed an intriguing argument against this position. Otsuka argues that Numbers Skepticism, in conjunction with an independently plausible moral principle, leads to inconsistent choices regarding what ought to be done in certain circumstances. This inconsistency in turn provides us with a good reason to reject Numbers Skepticism. Kirsten Meyer offers a notable challenge to Otsuka’s argument. I argue that Meyer’s challenge can be met, and then offer my own reasons for rejecting Otsuka’s argument. In light of these criticisms, I then develop an improved, yet structurally similar argument to Otsuka’s argument. I argue for the slightly different conclusion that the view proposed by John Taurek that ‘the numbers don’t count’ leads to inconsistent choices, which in turn provides us with a good reason to reject Taurek’s position. (shrink)

In this article, I critique a moral argument developed in Frances Kamm’s Intricate Ethics: Rights, Responsibilities, and Permissible Harm. The argument, which I label the Best Outcome Argument, aims to criticize the Taurekian idea that it is not worse if more people die than if fewer do in conflict situations, where it is hard to distinguish individuals from one another solely by reference to the relative strength of their claims. I argue that the Best Outcome Argument is flawed for three (...) reasons: the symmetry feature defined by the impartiality principle holds only in a limited class of conflict situations; individuals should be treated in a consistent way throughout the whole process of reasoning; comparative evaluations gained in different contexts, at least in some cases, cannot be used in one and the same argument. (shrink)

Taurek cases focus a choice between two views of permissible action, Can Save One and Must Save Many . It is argued that Taurek cases do illustrate the rationale for Can Save One , but existing views do not highlight the fact that this is because they are examples of claims grounded on non-comparative justice. To act to save the many solely because they form a group is to discriminate against the one for an irrelevant reason. That is a canonical (...) form of non-comparative injustice. The error lies in taking a contingency of some presentations of some Taurek cases, namely, that they involve distribution, to introduce the claims of comparative as opposed to non-comparative justice. But cases of non-comparative justice can, contingently, also involve distribution. In order to settle which form of justice applies it is necessary to examine the nature of the distribution involved and the nature of “classes” to which individuals can be assigned. (shrink)

Most non-consequentialists “let the numbers count” when one can save either a lesser or greater number from equal or similar harm. But they are wary of doing so when one can save either a small number from grave harm or instead a very large number from minor harm. Limited aggregation is an approach that reconciles these two commitments. It is motivated by a powerful idea: our decision whom to save should respect each person who has a claim to our help, (...) including those whom we fail to save. However, it has recently been argued that it is open to decisive objections. I develop a new limitedly aggregative view:Hybrid Balance Relevant Claims. This view is well grounded in the reasons we have to be skeptical of aggregation and resolves all recent challenges by paying careful attention to the rationale for limited aggregation. (shrink)

This article examines the way that for-profit businesses should take into account the interests of the citizens in the liberal democratic societies in which they operate. I will show how a contractualist version of stakeholder theory identifies the relevant moral interests of both shareholders and citizen stakeholders, and provides a method for giving their interests appropriate consideration. These include (1) the interests that individuals have with respect to private property, (2) the interests citizens have in receiving equitable consideration in the (...) political process, and (3) citizens' interests which give them the collective right to determine the legal and economic structure of their societies. Using this contractualist analysis, I argue that corporations should consciously take into account the interests of citizen stakeholders when there is no other social mechanism for protecting their interests as citizens. (shrink)

In Citizens United v. Federal Election Commission , the US Supreme Court sharply curtailed the ability of the state to limit political speech by for-profit corporations. This new legal situation elevates the question of corporate political involvement: in what manner and to what extent is it ethical for for-profit corporations to participate in the political process in a liberal democratic society? Using Scanlon’s version of contractualism, I argue for a number of substantive and procedural constraints on the political activities of (...) businesses. Central to this contractualist analysis is an identification of the self-governance-based interests of individuals that are affected by corporate political activity and a method for judging the various assignments of social rights, duties and roles according to how they collectively meet those interests. Together, these two features make this contractualist approach distinctive and allow it to generate substantive ethical results. (shrink)

In this article I explore a kind of tragic choice that has not received due attention, one in which you have to save only one of two persons but the probability of saving is not equal (and all other things are equal). Different proposals are assessed, taking as models proposals for a much more discussed tragic choice situation: saving different numbers of persons. I hold that cases in which (only) numbers are different are structurally similar to cases in which (only) (...) probabilities are different. After a brief defense of this claim, I conclude that some version of consequentialism seems more promising for offering a plausible solution to the probability case. (shrink)

When facing a choice between saving one person and saving many, some people have argued that fairness requires us to decide without aggregating numbers; rather we should decide by coin toss or some form of lottery, or alternatively we should straightforwardly save the greater number but justify this in a non-aggregating contractualist way. This paper expands the debate beyond well-known number cases to previously under-considered probability cases, in which not (only) the numbers of people, but (also) the probabilities of success (...) for saving people vary. It is shown that, in these latter cases, both the coin toss and the lottery lead to what is called an awkward conclusion, which makes probabilities count in a problematic way. Attempts to avoid this conclusion are shown to lead into difficulties as well. Finally, it is shown that while the greater number method cannot be justified on contractualist grounds for probability cases, it may be replaced by another decision method which is so justified. This decision method is extensionally equivalent to maximising expected value and seems to be the least problematic way of dealing with probability cases in a non-aggregating manner. (shrink)

Philosophy & Public Affairs, 34 (2006): 109-35.

John Taurek argues that, in a choice between saving the many or the few, the numbers should not count. Some object that this view clashes with the transitivity of ‘better than’; others insist the clash can be avoided. I defend a middle ground: Taurek cannot have transitivity, but that doesn’t doom his view, given a suitable conception of value. I then formalize and explore two conceptions: one context-sensitive, one multidimensional.

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

Scanlonian contractualism rejects the consequentialist assumptions about morality, value, and rationality in virtue of which deontological constraints appear paradoxical. And yet, Jeffrey Brand-Ballard and Robert Shaver have claimed that it cannot succeed in defending the said restrictions. That is because they see Scanlon’s tie-breaking argument as threatening to justify aggregation in paradox of deontology cases. I argue that this claim rests upon a failure to appreciate contractualism’s relational character. Once we take this feature of the view into account, it becomes (...) clear that the tie-breaking argument is ruled out in cases where the only way for us to prevent several killings would be to commit one ourselves. To show this, I provide a contractualist explanation of why our duty not to harm persons is stricter than our duty to help them when they are threatened with harm. I conclude by distinguishing two ways in which this defense of deontological restrictions might bring contractualism objectionably close to absolutism. (shrink)

In recent years, many non-consequentialists such as Frances Kamm and Thomas Scanlon have been puzzling over what has come to be known as the Number Problem, which is how to show that the greater number in a rescue situation should be saved without aggregating the claims of the many, a typical kind of consequentialist move that seems to violate the separateness of persons. In this article, I argue that these non-consequentialists may be making the task more difficult than necessary, because (...) allowing aggregation does not prevent one from being a non-consequentialist. I shall explain how a non-consequentialist can still respect the separateness of persons while allowing for aggregation. (shrink)

John Taurek famously argued that, in ‘conflict cases’, where we are confronted with a smaller and a larger group of individuals, and can choose which group to save from harm, we should toss a coin, rather than saving the larger group. This is primarily because coin-tossing is fairer: it ensures that each individual, regardless of the group to which he or she belongs, has an equal chance of being saved. This article provides a new response to Taurek’s argument. It proposes (...) that there are two possible types of unfairness that have to be avoided in conflict cases, as far as possible: ‘selection unfairness’, which is the unfairness of not giving individuals an equal chance of being saved; and ‘outcome unfairness’, which is the unfairness of not actually saving them, when others are saved. Since saving the greater number generates less outcome unfa-irness than coin-tossing, it is argued that, in many conflict cases, fairness demands that we save the greater number. (shrink)

In the literature on the so-called numbers problem, some authors have recently argued that the individualist lottery (IL) avoids the flaws of the proportional lottery. This article first presents two recent defenses of the IL, and then argues that both are implausible if we focus, as we should, strictly on their non-consequentialist aspects. This conclusion holds even if we take account of the fact that the IL is arguably that solution to the numbers problem which best meets the marginal difference (...) criterion. The upshot is that non-consequentialists should toss a coin rather than spin a wheel in conflict cases (if and when they must do either). (shrink)

In this article, we defend pairwise comparison as a method to resolve conflicting claims from different people that cannot be jointly satisfied because of a scarcity of resources. We consider Michael Otsuka's recent challenge that pairwise comparison leads to intransitive choices for the (someone who believes the numbers should not count in forced choices among lives) and Frances Kamm's responses to Otsuka's challenge. We argue that Kamm's responses do not succeed, but that the threat they are designed to meet is (...) illusory. Once the method of pairwise comparison is understood in a manner consistent with its proposed use, the challenge disappears. In making this argument, we examine questions about the interpretation of pairwise comparison and maintain that it must be understood as a method for ensuring that decisions are justifiable from the perspective of each affected individual. (shrink)

Faced with a choice between saving one stranger and saving a group of strangers, some people endorse weighted lotteries, which give a strictly greater chance of being saved to the group of strangers than the single stranger. In this paper I attempt to criticize this view. I first consider a particular version of the weighted lotteries, Frances Kamm's procedure of proportional chances, and point out two implausible implications of her proposal. Then, I consider weighted lotteries in general, and claim (1) (...) that the correct thing to distribute is not the chance of being saved but the good of being saved, (2) that assigning some chance to the single stranger is not the only way to give a positive (and equal) respect to the people concerned, and (3) that the weighted lottery appears to be deceptive since it would show the respect to the single stranger in a negligible way. (shrink)

Deontic constraints prohibit an agent performing acts of a certain type even when doing so will prevent more instances of that act being performed by others. In this article I show how deontic constraints can be interpreted as either maximizing or non-maximizing rules. I then argue that they should be interpreted as maximizing rules because interpreting them as non-maximizing rules results in a problem with moral advice. Given this conclusion, a strong case can be made that consequentialism provides the best (...) account of deontic constraints. (shrink)

We shall focus on moral theories that are solely concerned with promoting the benefits (e.g., wellbeing) of individuals and explore the possibility of such theories ascribing some priority to benefits to those who are worse off—without this priority being absolute. Utilitarianism (which evaluates alternatives on the basis of total or average benefits) ascribes no priority to the worse off, and leximin (which evaluates alternatives by giving lexical priority to the worst off, and then the second worst off, and so on) (...) ascribes absolute priority to the worse off (i.e., favors even a very small benefit to a worse off person over very large benefits to large numbers of better off people). Neither extreme view, we assume, is plausible. (shrink)

Common-sense morality seems to tell us that a rescuer who can save either one individual or five other individuals from death has a duty to save the greater number. But contractualism, a moral theory on which principles must be justifiable to individuals, seems to imply that it is permissible to save the one. This is because a commitment to individual justification blocks the possibility of appealing to the aggregate amount of lives saved. Does contractualism really have this implication? If so, (...) should we side with the common-sense approach, or is there any reason to side with the contractualist? In this paper, I first examine a new argument from Jay Wallace which claims to reconcile contractualism with a duty to save the greater number. I find the argument to be unsuccessful. I then suggest that common-sense morality doesn't support a duty to save the greater number as straightforwardly as it might initially seem as it might initially seem. I introduce two mundane cases in which the permissibility of saving either the lesser or greater number is intuitively plausible, and I offer some reasons to think that the permissibility of saving the lesser number coheres with our value judgements more generally. (shrink)

You ought to save a larger group of people rather than a distinct smaller group of people, all else equal. A consequentialist may say that you ought to do so because this produces the most good. If a non-consequentialist rejects this explanation, what alternative can he or she give? This essay defends the following explanation, as a solution to the so-called numbers problem. Its two parts can be roughly summarised as follows. First, you are morally required to want the survival (...) of each stranger for its own sake. Secondly, you are rationally required to achieve as many of these ends as possible, if you have these ends. (shrink)

In this article I criticize the non-consequentialist Weighted Lottery (WL) solution to the choice between saving a smaller or a larger group of people. WL aims to avoid what non-consequentialists see as consequentialism's unfair aggregation by giving equal consideration to each individual's claim to be rescued. In so doing, I argue, WL runs into another common objection to consequentialism: it is excessively demanding. WL links the right action with the outcome of a fairly weighted lottery, which means that an agent (...) can only act rightly if s/he has actually run the lottery. In many actual cases, this involves epistemic demands that can be almost impossible to meet. I argue that plausible moral principles cannot make such extreme epistemic demands. (shrink)

I distinguish several arguments Kamm and Scanlon make against Taurek's claim that it is permissible to save smaller groups of people rather than larger. I then argue that none succeeds. This is a companion to my "Saving the Few.".

This article puts forward solutions to some of the ethical and legal dilemmas posed in the current discussion on how to program crash algorithms in autonomous or self-driving cars. The first part of the paper defines the scope of the problem in the criminal legal field, and the next section gives a critical analysis of the proposal to always prioritise the interest of the occupant of the vehicle in situations with conflict of interests. The principle of minimizing social damage as (...) a model for configuring self-driving cars is examined in the third section. Despite its apparent plausibility, within the framework of a liberal legal system that recognises humans as free agents who have rights and responsibilities, maximizing the function of social utility does not justify harmful interference into a person’s legal sphere. Therefore, in the fourth part, the author argues the need to program the crash algorithms of autonomous cars based on a deontological understanding of the system of justifications in criminal law. The solution to the dilemma lies in a prior analysis of the legal positions of all agents involved in the conflict, from a perspective of the principles of autonomy and solidarity as the core of the system of justifications. (shrink)

Suppose you find yourself in a situation in which you can either save both A and B or save only C. A, B and C are relevantly similar – all are strangers to you, none is more deserving of life than any other, none is responsible for being in a life-threatening situation, and so on. John Taurek argued that when deciding what to do in such a situation, you should flip a coin, thereby giving each of A, B and C (...) a 50% chance of survival . Only by doing this can we treat each person with the appropriate degree of respect. Taurek seemed to be employing the “Equal Greatest Chance” principle , according to which, when deciding whom to save, one must give each person the greatest possible chance of survival consistent with everyone else having the same chance. An obvious alternative is the “Save the Greater Number” principle . I describe an example that shows that EGC is false. I show that the example also demonstrates the falsity of other related views, including Jens Timmermann’s “Individualist Lottery Principle.” I conclude that SGN is true. And I extend the argument to other kinds of cases, showing that which person should be saved may depend on whether some additional well-being may be gained for someone in the process. (shrink)

In response to the charge that deontic ("argent-centered") restrictions are paradoxical, several recent writers suggest that such restrictions find support within T.M. Scanlon's contractualism. I suggest that this claim is only interesting if these restrictions are stronger than those supported by indirect consequentialism. I argue that contractualism cannot support restrictions any stronger than those supported by indirect consequentialism. The contractualists have mislocated the source of the paradox, which arises under any theory that defines right action in patient-focused terms. Consequentialism and (...) contractualism share this feature, so contractualism cannot support stronger deontic restrictions than consequentialism supports. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

If we can save the lives of only one of multiple groups of people, we might be inclined simply to save whichever group is largest. We may worry, though, that automatically saving the largest group fails to take each saveable individual sufficiently into account, offering some of these individuals no chance at all of being rescued. Still wanting to give larger groups higher chances of survival, we may then say that we ought to employ a proportionally weighted lottery to determine (...) which group to save. In this paper, I argue that this would be a mistake. Given the most plausible way of specifying it, the weighted-lottery view itself fails to treat each saveable individual with equal moral respect. (shrink)

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 (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (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)