En la ética y la filosofía política contemporáneas es común apelar a alguna for-ma de consenso hipotético para justificar contenidos normativos. En el presente artículo llamo a esta posición “contractualismo” y defiendo tres tesis al respecto. Primera, es correcta la objeción común al contractualismo de que la estipulación de un consenso hipotético en una situación ideal de deliberación no añade nada a la justificación del contenido normativo en cuestión. Segunda, esta objeción da pie a lo que llamo “el dilema contractualista”: (...) cuando hay una situación de des-acuerdo entre dos agentes sobre si un contenido normativo x es correcto, apelar a un acuerdo hipotético en condiciones ideales de deliberación como medio para justificar x, equivale a caer en petición de principio o a establecer una trivialidad. Tercera, a la luz del “dilema contractualista”, el contractualismo no debe ser en-tendido como un método de justificación normativa. (shrink)

Political liberals argue that the classical conception of autonomy must be discarded because it is sectarian and metaphysical. This article rejects that a commitment to autonomy necessarily leads to sectarianism and questions the notion that respect for persons is separable from the commitment to autonomy. It defends a Kantian approach to autonomy, as belonging to the standpoint of practical reason, and argues that in this approach autonomy is a norm regulating how we should treat each other as opposed to a (...) good to be promoted. This approach also avoids the metaphysical idea of autonomy as self-origination of binding principles. (shrink)

The paper analyses Rawls's teleology/deontology distinction, and his concept of priority of the right. The first part of the paper aims both 1) to clarify what is distinctive about Rawls's deontology/teleology distinction (thus sorting out some existing confusion in the literature, especially regarding the conflation of such distinction with that between consequentialism and nonconsequentialism); and 2) to cash out the rich taxonomy of moral theories that such a distinction helpfully allows us to develop. The second part of the paper examines (...) the concept of priority of the right. It argues that such a concept should not be identified with that of deontology— indeed, deontological theories do not necessarily assign priority to the right over the good. However, it contends that the concept of priority of the right is essential to explaining what specific kind of deontological theory "justice as fairness" is. Justice as fairness is a deontological theory which assigns priority to the right as a consequence of its commitment to a neutral position with respect to different accounts of what is ultimately valuable and good. (shrink)

This contribution defends Ripstein's attempt to reconstruct Kant's political philosophy as entirely and consistently grounded on the idea of people's innate right to freedom as independence, in particular with respect to charges of circularity raised by other contributors to this symposium. However, it also argues that, if the concept of freedom as independence is to provide a foundation for a full-blown account of political justice, a richer interpretation of it should be provided. In other words, we must be willing to (...) make controversial and empirically informed claims about what counts as a threat to our freedom as independence under specific circumstances. We must have a more embedded account of freedom as independence, one that engages with the contingencies of politics and of the human condition. (shrink)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles governing (...) wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (shrink)

In a 1981 letter to H.L. A. Hart, John Rawls sketches a view of moral objectivity that substantially differs from that of contemporary constructivists. The view he describes does not rely on constitutive features of agency as Korsgaard's does, and it does not bottom out in a form of realism as Scanlon's moral theory does. Instead, Rawls's view grounds objectivity on the fundamental conceptions that could be shared in wide reflective equilibrium. Constructivism grounds objectivity in a kind of intersubjectivity, and (...) Rawls finds the relevant kind of intersubjectivity in the alignment between fundamental convictions. This article develops this Rawlsian view of objectivity and highlights its strengths. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the increasing (...) importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...) sociopolitical and legal institutions. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that is rich in purchase, (...) as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

Rainer Forst’s constructivism argues that a right to justification provides a reasonably non-rejectable foundation of justice. With an exemplary focus on his attempt to ground human rights, I argue that this right cannot provide such a foundation. To accord to others such a right is to include them in the scope of discursive respect. But it is reasonably contested whether we should accord to others equal discursive respect. It follows that Forst’s constructivism cannot ground human rights, or justice, categorically. At (...) best, it can ground them hypothetically. This opens the door wide for ethical foundations of human rights. (shrink)

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with the (...) question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

It might be expected that it would suffice for the entry for “moral anti-realism” to contain only some links to other entries in this encyclopedia. It could contain a link to “moral realism” and stipulate the negation of the view there described. Alternatively, it could have links to the entries “anti-realism” and “morality” and could stipulate the conjunction of the materials contained therein. The fact that neither of these approaches would be adequate—and, more strikingly, that following the two procedures would (...) yield substantively non-equivalent results—reveals the contentious and unsettled nature of the topic. -/- “Anti-realism,” “non-realism,” and “irrealism” may for most purposes be treated as synonymous. Occasionally, distinctions have been suggested for local pedagogic reasons (see, e.g., Wright 1988a; Dreier 2004), but no such distinction has generally taken hold. (“Quasi-realism” denotes something very different, to be discussed in the supplement Projectivism and quasi-realism below.) All three terms are to be defined in opposition to realism, but since there is no consensus on how “realism” is to be understood, “anti-realism” fares no better. Crispin Wright (1992: 1) comments that “if there ever was a consensus of understanding about ‘realism’, as a philosophical term of art, it has undoubtedly been fragmented by the pressures exerted by the various debates—so much so that a philosopher who asserts that she is a realist about theoretical science, for example, or ethics, has probably, for most philosophical audiences, accomplished little more than to clear her throat.” This entry doesn't purport to do justice to the intricacy and subtlety of the topic of realism; it should be acknowledged at the outset that the fragmentation of which Wright speaks renders it unlikely that the label “moral anti-realism” even succeeds in picking out a definite position. Yet perhaps we can at least make an advance on clearing our throats. (shrink)

Constructivism in ethics is the view that insofar as there are normative truths, for example, truths about what we ought to do, they are in some sense determined by an idealized process of rational deliberation, choice, or agreement. As a “first-order moral account”--an account of which moral principles are correct-- constructivism is the view that the moral principles we ought to accept or follow are the ones that agents would agree to or endorse were they to engage in a hypothetical (...) or idealized process of rational deliberation. As a “metaethical account” – an account of whether there are any normative truths and, if so, what they are like – constructivism holds that there are normative truths. These truths are not fixed by facts that are independent of the practical standpoint, however characterized; rather, they are constituted by what agents would agree to under some specified conditions of choice. In working to provide a more precise definition of constructivism in metaethics, the focus of this entry, one faces two main difficulties. The first difficulty is that constructivism comes in several varieties, each of which claims a different niche within metaethics, and some claim no space at all. The second difficulty concerns where to place constructivism on the metaethical map in relation to realism and anti-realism. These are terms of art, and it is highly contested which views count as realist and which as antirealist. These two difficulties will be addressed in what follows by focusing on the distinctive questions that constructivist theories are designed to answer. Section §1 defines the scope of constructivism in ethics, in contrast to constructivism in political theory. Sections §§2-5 illustrate the main varieties of metaethical constructivism, which are designed to account for the nature of normative truths and practical reasons. Section §6 presents the main varieties of constructivist accounts of the justification of moral judgments of right and wrong. Section §7 discusses the metaethical status of constructivism, and its distinctive import. (shrink)

Metaethical constructivism is the view that insofar as there are normative truths, they are not fixed by normative facts that are independent of what rational agents would agree to under some specified conditions of choice. The appeal of this view lies in the promise to explain how normative truths are objective and independent of our actual judgments, while also binding and authoritative for us. -/- Constructivism comes in several varieties, some of which claim a place within metaethics while others claim (...) no place within it at all. In fact, constructivism is sometimes defended as a normative theory about the justification of moral principles. Normative constructivism is the view that the moral principles we ought to accept are the ones that agents would agree to or endorse were they to engage in a hypothetical or idealized process of rational deliberation. -/- Metaethical constructivist theories aim to account for the nature of normative truths and practical reasons. They bear a problematic relation to traditional classifications of metaethical theories. In particular, there are disagreements about how to situate constructivism in the realism/antirealism debate. These disagreements are rooted in further differences about the definition of metaethics, the relation between normative and metaethical claims, and the purported methods pertinent and specific to metaethical inquiry. The question of how to classify metaethical constructivism will be addressed in what follows by focusing on the distinctive questions that constructivist theories have been designed to answer. Section 1 explains the origin and motivation of constructivism. Sections 2–4 examine the main varieties of metaethical constructivism. Section 5 illustrates related constructivist views, some of which are not proposed as metaethical accounts of all normative truths, but only of moral truths. Sections 6 and 7 review several debates about the problems, promise and prospects of metaethical constructivism. (shrink)