Abstract

The subjectivist contract theory , developed principally by Gauthier, and Kantian constructivism , developed by Rawls, Korsgaard, Scanlon, and Habermas, represent the two dominant contract-based approaches to providing morality a public justification. SCT rests upon an subjectivist and maximizing conception of practical rationality; morality is justified on the grounds that obedience to ostensible moral requirements is in fact maximizing over the long term. Morality's publicity is thus due to its requirements prescribing the adequate means to the diverse subjective ends of individuals. KC introduces constraints upon the contractual choice situation presented by SCT. These constraints embody 'reasonableness,' properties that limit how and what agents may choose as their individual ends. Morality's publicity is thus due not solely to its propensity to further agents' subjective interests, but mainly to its representing normative principles of fair choice. ;The fundamental structure and aspirations of KC are spelled out. I argue that KC has not fully met the challenges SCT presents as an alternative public justification of morality. Kantian constructivists have either falsely portrayed the egoism underlying SCT as nihilism, or they have failed to indicate why the constraints of 'reasonableness' are incompatible with SCT. We must therefore develop a more convincing reply to SCT. ;My revised form of constructivism, epistemic constructivism proposes that the relationship between the self and one's conception of the good is governed by a cognitivist assumption about individuals' well-being. This cognitivist assumption motivates the use of certain epistemic virtues in the investigation of individuals' conception of the good. Agents characterized by these virtues will be led to participate in a community of reciprocity, equality, and autonomy that provides the necessary conditions for the cultivation and exercise of the epistemic virtues. The need for a morality emerges, from the point of view of the agents of construction, not from a moral value of overlapping consensus, nor from any moral value at all, but only from the epistemic commitment to the rationality of their conceptions of the good. EC thus retains a broadly Kantian notion of reasonableness while better accommodating subjectivism.