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 (...) the prospects the principles give to different individuals ex ante or on the basis of the outcomes of the principles ex post? Both answers have been found to be problematic. The ex ante views make irrelevant information about personal identity morally significant and lead to objectionable ex ante rules, whereas ex post views lead to counterintuitive results in the so-called different harm and social risk imposition cases. The aim of this article is to provide a new synthesis of these views that can avoid the problems of the previous alternatives. I call the proposal ‘risk-acknowledging’ ex post contractualism. The crux of the view is to take into account in the comparisons of different objections both the realized harms and the risks under which individuals have to live. (shrink)

This paper is part of an attempt to clarify the relationship between explanatory reasons and justificatory reasons for actions of various kinds. It draws on a distinction between two notions of rationalization, viz., ex ante and ex post rationalization, to recast the akratic case on the one hand and to explicate an adequate sense in which an explanatory but non-justificatory reason for an action rationalizes the latter on the other hand. The explication is helped by analysis of a (...) hypothetical example, and the name "quasi-rational" is legitimated for the type of actions this example represents. Last, but not least, the paper demonstrates that an implication of the argument is the falsity of one well-known principle in Davidson's action theory, i.e., the principle claiming that the (primary) reason for an action is also its cause. (shrink)

This chapter discusses desire theory and how the temporal gap between desires and the states of affairs that satisfy them affects this theory. Satisfaction is not that important in desire theory because even if getting what we want fails to satisfy, we are better off for having got it. The rationale for rejecting hedonistic accounts of well-being in favor of desire theories is the intuition that states of affairs that are not “like” anything for us can harm and benefit us. (...) Sumner, however, suggests that even if we grant the desire theorist’s fundamental assumption that they can make a difference to our well-being, the prospective character of desire, which opens a temporal gap between desires and the states of affairs that satisfy them, undermines the account. (shrink)

It is well known that there is a conflict between three intuitive principles for the evaluation of risky prospects in distributional contexts, Ex-Post Egalitarianism, Ex-Ante Pareto and Dominance. In this paper, I return to Peter Diamond’s suggestion that we reject Dominance as a principle of rationality in distributional contexts and present a new argument in support of this position. The argument is based on an observation regarding the right way for a distributor to weigh reasons for actions. In (...) some cases, I argue, reasons for action that are grounded in the interests of one of the patients ought to be disregarded by the distributor. These cases share the following property: it is in the patient’s overall interest that the distributor disregards them. I show that Dominance does not permit distributors to disregard such reasons and use this observation to argue against the claim that Dominance is a principle of rationality in distributional contexts. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...) The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

Prioritarianism is a variant of utilitarianism. It differs from utilitarianism in that benefiting individuals matters more the worse off these individuals are. On this view, there are two standard ways of handling risky prospects: Ex-Post Prioritarianism adjusts for prioritizing the worse off in final outcomes and then values prospects by the expectation of the sum total of those adjusted values, whereas Ex-Ante Prioritarianism adjusts for prioritizing the worse off on each individual's expectation and then values prospects by the (...) sum total of those adjusted expectations. A standard objection to Ex-Post Prioritarianism is that it violates Ex-Ante Pareto, that is, it prescribes choices that worsen the expectations for everyone. In this article, I argue that Ex-Ante Prioritarianism suffers from much the same problem: it violates a sequential version of Ex-Ante Pareto, that is, it prescribes sequences of choices that worsen the expectations for everyone. (shrink)

Ex ante contractualism holds that in situations involving risk we ought to act in accordance with principles that license the action that satisfies the strongest individual claim, where those claims are a function of the expected value that a given policy gives each person ex ante. I here challenge ex ante contractualism on contractualist grounds. I argue that adopting ex ante contractualism would have far reaching implications that contractualists, or many nonconsequentialist in general, would find very (...) hard to accept. I conclude that to block these implications, contractualists should adopt an ex post approach to deal with decisions under risk. (shrink)

최근 일군의 철학자들은 스캔런의 계약주의가 이른바 사후적인 도덕이론이 아니라 사전적인 것으로 해석되어야 한다고 주장한다. 사전적 계약주의는 어떤 원칙이 개인에게 부과하는 이득이나 해악의 기대값의 관점에서 해당 원칙을 정당화하는 구조를 지닌다. 이런 최근의 경향은, 사후적이 아닌 사전적 계약주의가 위태롭게 하는 행위의 허용 가능성에 대해 최선의 설명을 제공해줄 수 있다는 인식에서 비롯되었다. 본고의 주된 목표는 사전적 계약주의를 옹호하는 기존 시도들의 한계를 극복할 수 있는 새로운 관점을 제시하는 것이다. 필자는 기존 연구에서 큰 관심을 받지 못한 예방조치라는 개념을 강조하며 그것이 사전적 계약주의의 체계 내에 정합적으로 (...) 안착될 수 있음을 보인다. 궁극적으로 필자는 예방조치라는 개념 없이는 위태롭게 하는 행위의 허용 가능성을 제대로 설명할 수 없다고 주장한다. (shrink)

When distributing an indivisible harm or benefit between multiple individuals, all of whom have an equal claim to avoid the harm or receive the benefit, it is commonly thought that one should hold a lottery in order to give each claimant an equal chance of winning. Moreover, it is often said that, by holding a lottery, one makes the resultant outcome inequality between those who receive the harm or benefit and those who do not less unfair than it would otherwise (...) have been. The stated view – the ‘egalitarian mixed view’ – claims that the unfairness of a brute luck ex post distribution is a function of both the degree of inequality in the ex post distribution itself, and the degree of inequality in the ex ante distribution of chances from which it is derived. Versions of the view have been prominently endorsed by a number of authors, including Arneson, Broome, Diamond, Lang, Otsuka, Parfit, and Temkin. The appeal of the view is linked to its apparent promise to accommodate intuitions that have been thought to threaten views which link the fairness of an outcome either solely to the ex ante distribution or solely to the ex post distribution. I argue, to the contrary, that the egalitarian mixed view is mistaken. In particular, I argue that the distinction at the heart of the view – that between outcomes and changes to probabilities – is morally arbitrary at best and incoherent at worst. I consider possible responses to the charge and find them wanting. I note that the failure of the egalitarian mixed view has significant consequences for policy, including most importantly for how we should interpret the goal of fair equality of opportunity. (shrink)

Frances Kamm distinguishes between changes or enhancements that are made before a child exists (ex ante changes) and those that are made once a child exists (ex post changes), and she argues that ex ante changes do not show disrespect or, as Michael Sandel would put it, lack of love, for a person, since the person does not yet exist. In this paper, I argue that it is important to distinguish between ex ante enhancements that are (...) morally neutral and those that are morally dubious, and that the latter ones are morally objectionable even if the persons do not yet exist. (shrink)

Suppose n Bayesian agents need to make a decision as a group. The groupas a whole is also supposed to be a Bayesian agent whose probabilities andutilities are derived or aggregated in reasonable ways from the probabilitiesand utilities of the group members. The aggregation could beex ante, i.e., interms of expected utilities, or it could be ex post, i.e., in terms of utilitiesonly, or in terms of utilities and probabilities separately. This study exploresthe ex post approach. Using (...) the Bolker/Jeffrey framework, we show thatex post aggregation is subject to an instability phenomenon. That is, it mayhappen that the group preference between actions ``flips back and forth'''' dependingon the level of detail in which the decision problem is described. Structurally verysimilar phenomena also occur elsewhere in social choice theory, in statistics (Simpson''sParadox), and in voting theory (Ostrogorski''s Paradox). (shrink)

Unreasonable expectations about the nature and character of scientific knowledge support the widespread political assumption that predictive scientific assessments are a necessary precursor to environmental decision making. All too often, the practical outcome of this assumption is that scientific uncertainty becomes a ready-made dodge for what is in reality just a difficult political decision. Interdisciplinary assessments necessary to address complex environmental policy issues invariably result in findings that are inherently contestable, especially when applied in the unrestrained realm of partisan politics. (...) In this article, the authors argue that predictive scientific assessments are inherently limited in the extent to which they can guide policy development and that rigorous scientific assessments can be much more valuable in the role of ex post policy evaluation than they can in the context of ex ante policy formulation. (shrink)

We investigate the conflict between the ex ante and ex post criteria of social welfare in a new framework of individual and social decisions, which distinguishes between two sources of uncertainty, here interpreted as an objective and a subjective source respectively. This framework makes it possible to endow the individuals and society not only with ex ante and ex post preferences, as is usually done, but also with interim preferences of two kinds, and correspondingly, to introduce (...) interim forms of the Pareto principle. After characterizing the ex ante and ex post criteria, we present a first solution to their conflict that extends the former as much possible in the direction of the latter. Then, we present a second solution, which goes in the opposite direction, and is also maximally assertive. Both solutions translate the assumed Pareto conditions into weighted additive utility representations, and both attribute to the individuals common probability values on the objective source of uncertainty, and different probability values on the subjective source. We discuss these solutions in terms of two conceptual arguments, i.e., the by now classic spurious unanimity argument and a novel informational argument labelled complementary ignorance. The paper complies with the standard economic methodology of basing probability and utility representations on preference axioms, but for the sake of completeness, also considers a construal of objective uncertainty based on the assumption of an exogeneously given probability measure. JEL classification: D70; D81. (shrink)

The author considers Rousseau’s concept of the general will to be the categorical groundwork of the modern understanding of democracy, and its transposition from the natural-legal to the social context, as well as its being built into the legal foundation of both social and political life to be the turning point at which the history of democracy is divided into two epochs. In the first section of the article the author reconstructs the prehistory of the concept of democracy based on (...) Herod, Plato and Aristotle’s views. He then identifies the significant changes in the concept and true role of democracy, which emerged in the century of the French Revolution, and differentiates between the concepts of general and common will in order to establish the moral dimension of democracy, in the light of which he focuses on Rousseau’s political philosophy. In the final section the author turns to partitocracy as one of the possible perversion forms of democracy. In doing so, he limits himself to the “transitional type” of systematic partitocracy, which emerged within the framework of the historical phenomenon of Post-Communism. Within this context, as an alternative theoretical approach to explaining Post-Communism – i.e. the prevalent theory of transition – the author opposes the theory of Post-Communist chaos. (shrink)

In recent years, we have seen a new concern with ethics training for research and development professionals. Although ethics training has become more common, the effectiveness of the training being provided is open to question. In the present effort, a new ethics training course was developed that stresses the importance of the strategies people apply to make sense of ethical problems. The effectiveness of this training was assessed in a sample of 59 doctoral students working in the biological and social (...) sciences using a pre-post design with follow-up and a series of ethical decision-making measures serving as the outcome variable. Results showed not only that this training led to sizable gains in ethical decision making but also that these gains were maintained over time. The implications of these findings for ethics training in the sciences are discussed. (shrink)

In recent years, we have seen a new concern with ethics training for research and development professionals. Although ethics training has become more common, the effectiveness of the training being provided is open to question. In the present effort, a new ethics training course was developed that stresses the importance of the strategies people apply to make sense of ethical problems. The effectiveness of this training was assessed in a sample of 59 doctoral students working in the biological and social (...) sciences using a pre–post design with follow-up and a series of ethical decision-making measures serving as the outcome variable. Results showed not only that this training led to sizable gains in ethical decision making but also that these gains were maintained over time. The implications of these findings for ethics training in the sciences are discussed. (shrink)

We show that Bayesian ex post aggregation is unstable with respect to refinements. Suppose a group of Bayesians use ex post aggregation. Since it is a joint problem, each agent’s problem is captured by the same model, but probabilities and utilities may vary. If they analyze the same situation in more detail, their refined analysis should preserve their preferences among acts. However, ex post aggregation could bring about a preference reversal on the group level. Ex post (...) aggregation thus depends on how much information is used and may keep oscillating (‘‘flipping’’) as one keeps adding more information. (shrink)

Anna Mahtani describes a puzzle meant to show that the Ex-Ante Pareto Principle is incomplete as it stands and, since it cannot be completed in a satisfactory manner, decades of debate in welfare economics and ethics are undermined. In this paper, we provide a better solution to the puzzle which saves the Ex-Ante Pareto Principle from this challenge. We also explain how the plausibility of our solution is reinforced by its similarity to a standard solution to an analogous (...) puzzle in quantified epistemic logic. We also show that even if the puzzle were to remain unsolved, its impact on welfare economics and ethics would be limited. (shrink)

While ordinary decision theory focuses on empirical uncertainty, real decision-makers also face normative uncertainty: uncertainty about value itself. From a purely formal perspective, normative uncertainty is comparable to (Harsanyian or Rawlsian) identity uncertainty in the 'original position', where one's future values are unknown. A comprehensive decision theory must address twofold uncertainty -- normative and empirical. We present a simple model of twofold uncertainty, and show that the most popular decision principle -- maximising expected value (`Expectationalism') -- has different formulations, namely (...) Ex-Ante Expectationalism, Ex-Post Expectationalism, and hybrid theories. These alternative theories recommend different decisions, reasoning modes, and attitudes to risk. But they converge under an interesting (necessary and sufficient) condition. (shrink)

The article investigates the resources of contractualist moral theory to make sense of the ethics of risk imposition. In some ways, contractualism seems well placed to explain how it can be reasonable to accept exposure to risk of harms whose direct imposition would not be acceptable. However, there are difficulties getting clear about what directness comes to here, especially given the difficulty of adequately motivating traditional views that assign ethical significance to what the agent intends as opposed to merely foreseeing. (...) The article considers two principles which might help the contractualist: the Redistribution Principle, which, while attractive, is perhaps somewhat too restrictive, and the Aim Consistency Principle, which grants ethical significance to the aims with which our actions are in principle consistent whatever our actual intentions may be. The article also considers the relative significance of ex ante and ex post perspectives from which to evaluate actions and principles. Key Words: contractualism • Doctrine of Double Effect • ethics • intention • justice • risk • T.M. Scanlon • utilitarianism. (shrink)

Many of us believe (1) Saving a life is more important than averting any number of headaches. But what about risky cases? Surely: (2) In a single choice, if the risk of death is low enough, and the number of headaches at stake high enough, one should avert the headaches rather than avert the risk of death. And yet, if we will face enough iterations of cases like that in (2), in the long run some of those small risks of (...) serious harms will surely eventuate. And yet: (3) Isn't it still permissible for us to run these repeated risks, despite that knowledge? After all, if it were not, then many of the risky activities that we standardly think permissible would in fact be impermissible. Nobody has yet offered a principle that can accommodate all of 1-3. In this paper, I show that we can accommodate all of these judgements, by taking into account both ex ante and ex post perspectives. In doing so, I clear aside an important obstacle to a viable deontological decision theory. (shrink)

First, Mahtani argues that both in the game The Mug and in the Sleeping Beauty we should not defer to a trusted person under a particular designation if they do not self-identify under this designation. This invites a more complex Reflection Principle. I respond that there are more parsimonious ways to avoid the challenges posed to the Reflection Principle. Second, Mahtani argues that preferences create a hyperintensional context, which poses a challenge to the Ex-Ante Pareto Principle that can be (...) averted by supervaluation. I respond that such an appeal to supervaluation would block randomization as a fair allocation device. (shrink)

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the (...) theorems are also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

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 to each. (shrink)

In this note, I provide an axiomatic characterization of the relative utilitarian bargaining solution to Nash bargaining problems. The solution is obtained when Nash’s independence of irrelevant alternatives axiom is replaced by the weak linearity axiom, while retaining the other three axioms. RU maximizes the sum of proportional gains, or, equivalently, minimizes the sum of proportional losses. RU is scale invariant and compared to the Nash and Kalai and Smorodinsky solutions, it is ex ante efficient when the bargaining problem (...) is considered as a lottery of future bargaining problems. (shrink)

The concept of ‘pareto superiority’ plays a central role in ethics, economics, and law. Pareto superiority is sometimes taken as a relation between outcomes, and sometimes as a relation between actions—even where the outcomes of the actions are uncertain. Whether one action is classed as (ex ante) pareto superior to another depends on the prospects under the actions for each person concerned. I argue that a person’s prospects (in this context) can depend on how that person is designated. Without (...) any constraints on acceptable designators, then, the concept of pareto superiority is ill defined and gives inconsistent results. I consider various ways of completing the definition and draw out some surprising implications. (shrink)

The ex ante Pareto principle has an intuitive pull, and it has been a principle of central importance since Harsanyi’s defence of utilitarianism. The principle has been used to criticize and refine a range of positions in welfare economics, including egalitarianism and prioritarianism. But this principle faces a serious problem. I have argued elsewhere :303-323 2017) that the concept of ex ante Pareto superiority is not well defined, because its application in a choice situation concerning a fixed population (...) can depend on how the members of that population are designated. I show in this paper that in almost all cases of policy choice, there will be numerous sets of rival designators for the same fixed population. I explore two ways that we might complete the definition of ex ante Pareto superiority. I call these the ‘supervaluationist’ reading and the ‘subvaluationist’ reading. I reject the subvaluationist reading as uncharitable, and argue that the supervaluationist reading is the most promising interpretation of the ex ante Pareto principle. I end by exploring some of the implications of this principle for prioritarianism and egalitarianism. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify (...) the pay of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify (...) the pay of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

Kuyumcuoglu argues that defenders of sweatshop regulations should reject consequentialism and accept an ex ante interpretation of contractualism instead. In this Commentary I show that Kuyumcuoglu’s argument doesn’t succeed. Defenders of sweatshops shouldn’t become ex ante contractualists because its advantages on this issue are more apparent than real.

A comprehensive understanding of the ethics of the COVID-19 pandemic priorities must be sensitive to the influence of social inequality. We distinguish between ex-ante and ex-post relevance of social inequality for COVID-19 disadvantage. Ex-ante relevance refers to the distribution of risks of exposure. Ex-post relevance refers to the effect of inequality on how patients respond to infection. In the case of COVID-19, both ex-ante and ex-post effects suggest a distribution which is sensitive to the (...) prevalence social inequality. On this basis, we provide a generic fairness argument for the claim that welfare states ought to favour a healthcare priority scheme that gives particular weight to protecting the socially disadvantaged. (shrink)

The hypothesis of this paper is that we maintain a relationship with the dead precisely in their death, and this relationship is best understood in terms of Peirce's semiotics and its influence on the work of Jacques Derrida. Roland Bardies' theory of photography illustrates this semiotics of death. The subsistent and continuous reality of the non-extant, absent and silent being of the dead individual is manifested—and continues to communicate—through indexical signs, i.e., any traces left behind by the dead individual (such (...) as photos, clothes, glasses, writings, recordings). (shrink)

In a recent paper, I argued that the mere risk of climate-related harm was itself a harm, since it undermined the security of individuals subject to that risk. In his commentary, Mintz-Woo argues that my account of the value of security is mistaken. On his view, the value of belief-relative security is already well captured by standard theories of wellbeing, and the value of fact-relative security is illusory. In the following, I attempt to respond to his concerns. First, I argue (...) contrary to Mintz-Woo that the literature on the cognitive effect on poverty is relevant to an assessment of the value of belief-relative security. Second, I introduce a distinction between ex ante and ex post perspectives on justice, and show that straightforward prioritarian commitments motivate an ex ante concern for fact-relative security. (shrink)

Some of the challenges in Sanders et al. (this issue) can be aptly illustrated by means of charity nudges, that is, nudges designed to increase charitable donations. These nudges raise many ethical questions. First, Oxfam’s triptychs with suggested donations are designed to increase giving. If successful, do our actions match ex ante or ex post preferences? Does this make a difference to the autonomy of the donor? Second, the Behavioural Insights Team conducted experiments using social networks to nudge (...) people to give more. Do these appeals steer clear of exploiting power relations? Do they respect boundaries of privacy? Third, in an online campaign by Kiva, donors are asked to contribute directly to personalized initiatives. In many cases, the initiative has already been funded and donor money is funnelled to a new cause. Is such a “pre-disbursal” arrangement truthful and true to purpose as a social business model? (shrink)

Process reliabilism is a theory about ex post justification, the justification of a doxastic attitude one has, such as belief. It says roughly that a justified belief is a belief formed by a reliable process. It is not a theory about ex ante justification, one’s justification for having a particular attitude toward a proposition, an attitude one might lack. But many reliabilists supplement their theory such that it explains ex ante justification in terms of reliable processes. In (...) this paper I argue that the main way reliabilists supplement their theory fails. In the absence of an alternative, reliabilism does not account for ex ante justification. (shrink)

Luck egalitarianism, a theory of distributive justice, holds that inequalities which arise due to individuals’ imprudent choices must not, as a matter of justice, be neutralized. This article deals with the possible application of luck egalitarianism to the area of health care. It seeks to investigate whether the ethos of luck egalitarianism can be operationalized to the point of informing health care policy without straying from its own ideals. In the transition from theory to practise, luck egalitarianism encounters several difficulties. (...) We argue that the charge of moral arbitrariness can, at least in part, be countered by our provided definition of “imprudent actions” in the health area. We discuss the choice for luck egalitarianism in health care between ex ante and ex post policy approaches, and show how both approaches are flawed by luck egalitarianism’s own standards. We also examine the problem of threshold setting when luck egalitarianism is set to practise in health care. We argue that wherever policy thresholds are set, luck egalitarianism in health care risks pampering the imprudent, abandoning the prudent or, at worst, both. Furthermore, we claim that moves to mitigate these risks in turn diminish the normative importance of the ethos of luck egalitarianism to policy. All in all, our conclusion is that luck egalitarianism cannot be consistently applied as a convincing and relevant normative principle in health care policy. (shrink)

Cushman characterizes rationalization as the inverse of rational reasoning, but this distinction is psychologically questionable. Coherence-based reasoning highlights a subtler form of bidirectionality: By distorting task attributes to make one course of action appear superior to its rivals, a patina of rationality is bestowed on the choice. This mechanism drives choice and action, rather than just following in their wake.

This article explores four topics raised by Eyal Zamir and Barak Medina's treatment of constrained deontology. First, it examines whether mathematical threshold functions are the proper way to think about limits on deontology, given the discontinuities of our moral judgments and the desired phenomenology of rule-following. Second, it asks whether constrained deontology is appropriate for public as well as private decision-making, taking issue with the book's conclusion that deontological options are inapplicable to public decision-making, whereas deontological constraints are applicable. Third, (...) it examines the issue of the relationship between deontology and efficiency, asking whether deontological constraints should yield in situations where everyone would expect to benefit from their suspension, either ex ante or ex post . Finally, the article concludes that constrained deontology is susceptible to political abuse because of the many degrees of freedom involved in identifying constrained actions and the point at which those constraints yield to consequentialist benefits. (shrink)

Users’ non-sustainable consumption behaviors are affecting the sustainability of access-based services, but ABS firms can utilize messaging strategies to persuade users to curtail their non-sustainable consumption behaviors. Through two online scenario-based experiments in China, this study determined that: Compared with rational appeal messaging, emotional appeal messaging is better able to persuade consumers to curtail non-sustainable consumption behaviors. Furthermore, loss-framed messages are more effective than gain-framed ones. Message appeal and message framing have an interactive persuasive effect on reducing such consumer behaviors. (...) Loss-framed rational appeal messages are more persuasive at reducing non-sustainable consumption behaviors than gain-framed rational appeal messages, and gain-framed emotional appeal messages persuade consumers to reduce non-sustainable consumption behaviors more than loss-framed ones. Consumers’ psychological ownership moderates the persuasive effect of messaging. Among consumers with a high level of psychological ownership of shared goods, only gain-framed emotional appeal messaging is effective at reducing non-sustainable consumption behaviors, whereas among consumers with low psychological ownership, the persuasive effect of loss-framed rational appeal messaging is more effective than gain-framed emotional appeal messaging. This study extends the research on non-sustainable consumption behavior management in ABSs and provides important inspiration for the management of ABSs consumer behavior. (shrink)

This article examines the concepts of retrospective and retroactive—both forms of ex post facto—law. It shows that although the distinction between retrospective and prospective law is difficult to draw (given that laws generally alter rights), the classification of particular laws as retrospective is not arbitrary, since the proposition that only some legal rules interfere with “vested” rights is, while vague, not meaningless. Retroactive legislation is recognized to attract a long list of objections. The article seeks to identify and assess (...) those objections, and to provide a comprehensive account of the various possible (if invariably limited) justifications for retroactivity. The conclusion offers some brief reflections on why the complaint that a law operates ex post facto is less likely to be directed at a judicial decision than at a statute. (shrink)

We consider a special set of risky prospects in which the outcomes are either life or death. There are various alternatives to the utilitarian objective of minimizing the expected loss of lives in such prospects. We start off with the two-person case with independent risks and construct taxonomies of ex ante and ex post evaluations for such prospects. We examine the relationship between the ex ante and the ex post in this restrictive framework: There are more (...) possibilities to respect ex ante and ex post objectives simultaneously than in the general framework, i.e. without the restriction to binary utilities. We extend our results to n persons and to dependent risks. We study optimal strategies for allocating risk reductions given different objectives. We place our results against the backdrop of various pro-poorly off value functions for the evaluation of risky prospects. (shrink)

In this paper, I seek to build a theoretical framework that explains how effectively different firms can use different types of corporate social responsibility (CSR)to influence stakeholders perceptions of and reactions to different types of errors. CSR affects the errors stakeholders notice, how they frame them, how they respond to them, and how quickly any punishment wanes. Ex ante and ex post CSR decrease the likelihood that stakeholders will notice some errors, improve the framing of those errors that (...) are noticed, and decrease the magnitude and duration of stakeholder attacks sparked by those errors. (shrink)

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated either ex (...) ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)

Why potential parents should select the best child of possible children, and the necessity of a dialogue about the context of a reproductive decision.The principle of Procreative Beneficence is the principle of selecting the best child of the possible children one could have. This principle is elaborated on and defended against a range of objections. In particular, focus is laid on four objections that Michael Parker raises: that it is underdetermining, that it is insensitive to the complex nature of the (...) good, that it is self-defeating and that it is overly individualistic. Procreative Beneficence is a useful principle in reproductive decision-making. It is necessary to be more active in making selection decisions about what kind of child to have.Parker1 raises four objections to the principle of Procreative Beneficence . I will address these in turn. Procreative Beneficence is underdeterminingParker claims that Procreative Beneficence is underdetermining. By “underdetermining”, he means that the principle will not give clear and determinate answers as to which lives are better or best. Parker argues that “ranking possible lives as “better” or “worse” is “highly problematic”.Ranking lives is a very complex matter. Let us distinguish between: the value of a whole life and the value of an individual feature of a life .We should also distinguish between valuation ex ante and ex post . In Procreative Beneficence, I likened genetic testing to playing the wheel of fortune.2 Just because we have a weak chance of winning, does not mean we should not play the game. The only reason not to play a game that …. (shrink)

Le Droit est aujourd'hui placé devant un impératif stratégique : tourner sa force vers le futur, pour faire face à des enjeux (numérique et climat) sur lesquels la loi et le contrat n'ont pas l'emprise requise, puisque trop locale ou trop peu systémique, tandis que la responsabilité ex post n'est pas adéquate face à l'irréparable. La responsabilité se saisit donc de l'avenir, le juge devenant le personnage central du monde sans qu'il l'ait voulu. Ce déplacement dans le temps peut (...) continuer à s'ancrer dans le passé, du fait d'engagements des États ou des entreprises. Mais cette responsabilité pour le futur engendrant une obligation non de réparer mais de faire peut venir plus directement encore du seul fait que l'entité visée est « en position » d'agir pour qu'autrui soit préservé. Preuves préconstituées, office ex ante du juge, devoir pour autrui mais aussi pouvoirs de l'entreprise et de l'État pour porter cette responsabilité ex ante, pilier du droit de la compliance, droit de l'avenir, sont les nouvelles règles qui se mettent en place. (shrink)

In this paper, we use the risk apportionment technique of Eeckhoudt, Rey and Schlesinger (2007) to study higher order risk preferences for others’ health as well as ex-ante and ex-post inequality preferences for social risky distributions, and their interaction. In an experiment on a sample of university students acting as impartial spectators, we observe risk aversion towards social health losses and a dislike of ex-ante inequality. In addition, evidence for ex-post inequality seeking is much weaker than (...) evidence for ex-ante inequality aversion. Because ex-ante inequality aversion is unrelated to risk aversion, we conclude that simple forms of utilitarianism are not relevant for individual judgment of social risk over health. Last, our investigation of precautionary distribution, which would occur when one particular group in the society suffers from background health risk, shows substantial polarization of preferences. (shrink)