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Contractualism and aggregation

Ethics 108 (2):296-311 (1998)

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  1. To be (disadvantaged) or not to be? An egalitarian guide for creating new people.Shlomi Segall - 2024 - Politics, Philosophy and Economics 23 (2):154-180.
    Derek Parfit held that in evaluating the future, we should ignore the difference between necessary persons and merely possible persons. In this article, I look at one of the most prominent alternatives to Parfit's view, namely Michael Otsuka and Larry Temkin ‘shortfall complaints’ view. In that view, we aggregate future persons’ well-being and deduct intrapersonal shortfall complaints, giving extra weight to the complaints of necessary persons. I offer here a third view. I reject Parfit's no difference view in that I (...)
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  • Each Counts for One.Daniel Muñoz - forthcoming - Philosophical Studies.
    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) (...)
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  • Other People.Kieran Setiya - 2023 - In Sarah Buss & Nandi Theunissen (eds.), Rethinking the Value of Humanity. New York, US: OUP Usa.
    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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  • 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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  • The misapplication dilemma.Daniel Webber - 2023 - Noûs.
    When policymakers craft rules for use by the general public, they must take into account the ways in which their rules are likely to be misapplied. Should contractualists and rule consequentialists do the same when they search for rules whose general acceptance would be non-rejectable or ideal? I argue that these theorists face a dilemma. If they ignore the possibility of misapplication, they end up with an unrealistic view that rejects rules designed to protect us from others’ mistakes. On the (...)
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  • How Should We Aggregate Competing Claims.Alex Voorhoeve - 2014 - Ethics 125 (1):64-87.
    Many believe that we ought to save a large number from being permanently bedridden rather than save one from death. Many also believe that we ought to save one from death rather than a multitude from a very minor harm, no matter how large this multitude. I argue that a principle I call “Aggregate Relevant Claims” satisfactorily explains these judgments. I offer a rationale for this principle and defend it against objections.
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  • The normative significance of identifiability.Tomasz Żuradzki - 2019 - Ethics and Information Technology 21 (4):295-305.
    According to psychological research, people are more eager to help identified individuals than unidentified ones. This phenomenon significantly influences many important decisions, both individual and public, regarding, for example, vaccinations or the distribution of healthcare resources. This paper aims at presenting definitions of various levels of identifiability as well as a critical analysis of the main philosophical arguments regarding the normative significance of the identifiability effect, which refer to: (1) ex ante contractualism; (2) fair distribution of chances and risks; (3) (...)
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  • The Constraint Against Doing Harm and Long-Term Consequences.Charlotte Franziska Unruh - 2023 - Journal of Moral Philosophy 20 (3-4):290-310.
    Many people hold the constraint against doing harm, the view that the reason against doing harm is stronger than the reason against merely allowing harm, everything else being equal. Mogensen and MacAskill (2021) have recently argued that when considering indirect long-term consequences of our everyday behavior, the constraint against doing harm faces a problem: it has the absurd implication that we should do as little as possible in our lives. In this paper, I explore the view that, for behavior that (...)
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  • 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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  • 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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  • Limits to Aggregation and Uncertain Rescues.Bastian Steuwer - 2022 - Utilitas 34 (1):70-83.
    Limited aggregation holds that we are only sometimes, not always, permitted to aggregate. Aggregation is permissible only when the harms and benefits are relevant to one another. But how should limited aggregation be extended to cases in which we are uncertain about what will happen? In this article, I provide a challenge to ex post limited aggregation. I reconstruct a precise version of ex post limited aggregation that relies on the notion of ex post claims. However, building a theory of (...)
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  • 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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  • Benefit versus Numbers versus Helping the Worst-off: An Alternative to the Prevalent Approach to the Just Distribution of Resources.Andrew Stark - 2008 - Utilitas 20 (3):356-382.
    A central strand in philosophical debate over the just distribution of resources attempts to juggle three competing imperatives: helping those who are worst off, helping those who will benefit the most, and then – beyond this – determining when to aggregate such ‘worst off’ and ‘benefit’ claims, and when instead to treat no such claim as greater than that which any individual by herself can exert. Yet as various philosophers have observed, ‘we have no satisfactory theoretical characterization’ as to how (...)
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  • Good reasons for losers: lottery justification and social risk.Kai Spiekermann - 2022 - Economics and Philosophy 38 (1):108-131.
    Many goods are distributed by processes that involve randomness. In lotteries, randomness is used to promote fairness. When taking social risks, randomness is a feature of the process. The losers of such decisions ought to be given a reason why they should accept the outcome. Surprisingly, good reasons demand more than merely equalex antechances. What is also required is a true statement of the form: ‘the result could easily have gone the other way and you could have been the winner’. (...)
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  • Moral contractualism.Nicholas Southwood - 2009 - Philosophy Compass 4 (6):926-937.
    This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...)
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  • Contractualism and Restrictions.Robert Shaver - 2007 - Philosophical Studies 132 (2):293-299.
    T.M. Scanlon writes that deontological constraints on taking lives are to be defended “by considering what principles licensing others to take our lives could be reasonably rejected.” I argue that Scanlon can offer no such defence of deontological constraints.
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  • Contractualism and risk preferences.Tobey K. Scharding - 2021 - Economics and Philosophy 37 (2):260-283.
    I evaluate two contractualist approaches to the ethics of risk: mutual constraint and the probabilistic, ex ante approach. After explaining how these approaches address problems in earlier interpretations of contractualism, I object that they fail to respond to diverse risk preferences in populations. Some people could reasonably reject the risk thresholds associated with these approaches. A strategy for addressing this objection is considering individual risk preferences, similar to those Buchak discusses concerning expected-utility approaches to risk. I defend the risk-preferences-adjusted contractualist (...)
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  • The Moral Problem of Risk Impositions: A Survey of the Literature.Jonathan Wolff Madeleine Hayenhjelm - 2012 - European Journal of Philosophy 20 (S1):26-51.
    This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...)
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  • Contractualist alternatives to the veil of ignorance.Andrew Lister - 2023 - Journal of Political Philosophy 31 (2):177-197.
    Journal of Political Philosophy, EarlyView.
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  • Relevance and Non-consequentialist Aggregation.J. Paul Kelleher - 2014 - Utilitas 26 (4):385-408.
    Interpersonal aggregation involves the combining and weighing of benefits and losses to multiple individuals in the course of determining what ought to be done. Most consequentialists embrace thoroughgoing interpersonal aggregation, the view that any large benefit to each of a few people can be morally outweighed by allocating any smaller benefit to each of many others, so long as this second group is sufficiently large. This would permit letting one person die in order to cure some number of mild headaches (...)
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  • The rat race and working time regulation.Malte Jauch - 2020 - Politics, Philosophy and Economics 19 (3):293-314.
    To what extent, if at all, should a just society adopt public policies that regulate and limit the amount of time people work? Attempts to answer this question face a dilemma: Either, we can adopt a laissez-faire view, according to which governments must refrain from imposing working time policies on the labour market. But this view generates a situation in which many citizens experience deep regret about the balance between work and leisure in their lives. Or, we can endorse an (...)
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  • When Helping the Victim Matters More Than Helping a Victim.Scott M. James - 2013 - Utilitas 25 (1):32-45.
    Consequentialists insist there is no rational basis for distinguishing between determinate victims and indeterminate victims. Whether it's a child drowning at our feet or needy communities abroad, our reason to help is the same. Experimental data indicate, however, that we regularly make such distinctions. In this article, I show that there are indeed persuasive normative grounds for preserving this distinction. When potential beneficiaries are determinate, they have a special claim on us grounded in fairness. I present several cases that demonstrate (...)
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  • The Distinctive Significance of Systemic Risk.Aaron James - 2016 - Ratio Juris (4):239-258.
    This paper suggests that “systemic risk” has a distinctive kind of moral significance. Two intuitive data points need to be explained. The first is that the systematic imposition of risk can be wrongful or unjust in and of itself, even if harm never ensues. The second is that, even so, there may be no one in particular to blame. We can explain both ideas in terms of what I call responsibilities of “Collective Due Care.” Collective Due Care arguably precludes purely (...)
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  • Contractualism's (not so) slippery slope.Aaron James - 2012 - Legal Theory 18 (3):263-292.
    Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than aggregative cost-benefit decision-making. (...)
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  • Partial aggregation in ethics.Joe Horton - 2021 - Philosophy Compass 16 (3):1-12.
    Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer ‘yes’ and ‘no’, respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. These views contrast with fully aggregative moral views, which imply that the answer to both questions is ‘yes’, and with (...)
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  • Aggregation, Risk, and Reductio.Joe Horton - 2020 - Ethics 130 (4):514-529.
    Is there any number of people you should save from paralysis rather than saving one person from death? Is there any number of people you should save from a migraine rather than saving one person from death? Many people answer “yes” and “no,” respectively. The aim of partially aggregative moral views is to capture and justify combinations of intuitions like these. In this article, I develop a risk-based reductio argument that shows that there can be no adequate partially aggregative view. (...)
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  • Aggregation, Complaints, and Risk.Joe Horton - 2017 - Philosophy and Public Affairs 45 (1):54-81.
    Several philosophers have defended versions of Minimax Complaint, or MC. According to MC, other things equal, we should act in the way that minimises the strongest individual complaint. In this paper, I argue that MC must be rejected because it has implausible implications in certain cases involving risk. In these cases, we can apply MC either ex ante, by focusing on the complaints that could be made based on the prospects that an act gives to people, or ex post, by (...)
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  • The Luckless and the Doomed. Contractualism on Justified Risk-Imposition.Sune Holm - 2018 - Ethical Theory and Moral Practice 21 (2):231-244.
    Several authors have argued that contractualism faces a dilemma when it comes to justifying risks generated by socially valuable activities. At the heart of the matter is the question of whether contractualists should adopt an ex post or an ex ante perspective when assessing whether an action or policy is justifiable to each person. In this paper I argue for the modest conclusion that ex post contractualism is a live option notwithstanding recent criticisms raised by proponents of the ex ante (...)
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  • Setting Health-Care Priorities: What Ethical Theories Tell Us, Torbjörn Tännsjö. Oxford University Press, 2019, xii + 212 pages. [REVIEW]Anders Herlitz - 2020 - Economics and Philosophy 36 (3):460-465.
  • The Moral Problem of Risk Impositions: A Survey of the Literature.Madeleine Hayenhjelm & Jonathan Wolff - 2012 - European Journal of Philosophy 20 (S1):E1-E142.
    This paper surveys the current philosophical discussion of the ethics of risk imposition, placing it in the context of relevant work in psychology, economics and social theory. The central philosophical problem starts from the observation that it is not practically possible to assign people individual rights not to be exposed to risk, as virtually all activity imposes some risk on others. This is the ‘problem of paralysis’. However, the obvious alternative theory that exposure to risk is justified when its total (...)
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  • Can Contractualism Save Us from Aggregation.Barbara H. Fried - 2012 - The Journal of Ethics 16 (1):39-66.
    This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to rescue) others. I conclude that many of the moral principles articulated in the literature seem to reduce to aggregation by a different name. Those that do not are viable only as long as they are limited to a handful of oddball cases at the margins of social life. If extended to run-of-the-mill conduct that accounts for virtually all unintended (...)
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  • Risk Attitudes and Justifiability to Each.Pietro Cibinel - 2022 - Ethics 133 (1):106-121.
    How should we choose on behalf of people with different attitudes to risk? Simon Blessenohl has recently argued that this question poses a dilemma: it seems that sometimes we must choose either acts that everyone disprefers or else acts that are sure to turn out worse than some other act. In this article, I offer a complaints-centered account of how to take people’s attitudes to risk into consideration in our decision-making, and then I show that it provides a way out (...)
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  • 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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  • Contractualism and deontic restrictions.Jeffrey Brand-Ballard - 2004 - Ethics 114 (2):269-300.
    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 (...)
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  • Contractualism, reciprocity, compensation.David Alm - 2007 - Journal of Ethics and Social Philosophy 2 (3):1-23.
    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 (...)
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  • Respect for others’ risk attitudes and the long-run future.Andreas Mogensen - manuscript
    When our choice affects some other person and the outcome is unknown, it has been argued that we should defer to their risk attitude, if known, or else default to use of a risk avoidant risk function. This, in turn, has been claimed to require the use of a risk avoidant risk function when making decisions that primarily affect future people, and to decrease the desirability of efforts to prevent human extinction, owing to the significant risks associated with continued human (...)
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  • Doing Less Than Best.Emma J. Curran - 2023 - Dissertation, University of Cambridge
    This thesis is about the moral reasons we have to do less than best. It consists of six chapters. Part I of the thesis proposes, extends, and defends reasons to do less than best. In Chapter One (“The Conditional Obligation”) I outline and reject two recent arguments from Joe Horton and Theron Pummer for the claim that we have a conditional obligation to bring about the most good. In Chapter Two (“Agglomeration and Agent-Relative Costs”) I argue that agent-relative costs can (...)
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  • Contractualism.Elizabeth Ashford - 2008 - Stanford Encyclopedia of Philosophy.
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  • 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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  • 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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  • The Ethics of Making Risky Decisions for Others.Luc Bovens - 2019 - In Mark D. White (ed.), Oxford Handbook of Ethics and Economics. Oxford University Press. pp. 446-473.
    Utilitarianism, it has been said, is not sensitive to the distribution of welfare. In making risky decisions for others there are multiple sensitivities at work. I present examples of risky decision-making involving drug allocations, charitable giving, breast-cancer screening and C-sections. In each of these examples there is a different sensitivity at work that pulls away from the utilitarian prescription. Instances of saving fewer people at a greater risk to many is more complex because there are two distributional sensitivities at work (...)
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