It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it (...) is granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice. (shrink)

It is widely held that moral obligations to non-human beings do not involve considerations of justice. For such a view, nonhuman interests are always prone to be trumped by human interests. Rawlsian contractarianism comprises an example of such a view. Through analysis of such theories, this essay highlights the problem of reconciling the claim that humans have obligations to non-humans with the claim that our treatment of the latter is not a matter of justice. We argue that if it (...) is granted that the basic interests of non-human beings sometimes count for more than the peripheral interests of humans, then our understandings of obligation and of justice must be aligned, so that what we say about obligation is not countered by assumptions about the invariable priority of humans in matters of justice. We further consider whether such a conclusion can be endorsed by those who adopt certain alternative theories to contractarianism. We conclude that adherents of a range of theories including sentientism and biocentrism must accept that human interests can sometimes be superseded by animal interests, and that this applies not least in matters of justice. (shrink)

Although the participants in the initial situation of justice in John Rawls’ Theory of Justice choose principles of justice only, their choices have implications for other moral concerns. The only check on the self-interest of the participants is that there be unanimous acceptance of the principles. But, since animals are not participants, it is possible that principles will be adopted which confiict with what Rawls calls“duties of compassion and humanity” toward animals. This is a consequence of the initial situation’s (...) assumption that principles of justice can be determined independently of other moral considerations. We question this assumption, and show that satisfactory modifications of Rawls’ initial situation undermine its contractarian basis and require the rejection of exclusively self-interested participants. (shrink)

Although the participants in the initial situation of justice in John Rawls’ Theory of Justice choose principles of justice only, their choices have implications for other moral concerns. The only check on the self-interest of the participants is that there be unanimous acceptance of the principles. But, since animals are not participants, it is possible that principles will be adopted which confiict with what Rawls calls“duties of compassion and humanity” toward animals. This is a consequence of the initial situation’s (...) assumption that principles of justice can be determined independently of other moral considerations. We question this assumption, and show that satisfactory modifications of Rawls’ initial situation undermine its contractarian basis and require the rejection of exclusively self-interested participants. (shrink)

It is widely accepted, by both friends and foes of animal rights, that contractarianism is the moral theory least likely to justify the assigning of direct moral status to non-human animals. These are not, it is generally supposed, rational agents, and contractarian approaches can grant direct moral status only to such agents. I shall argue that this widely accepted view is false. At least some forms of contractarianism, when properly understood, do, in fact, entail that non-human (...) animals possess direct moral status, independently of their utility for rational agents, and independently of whatever interests rational agents may have in them. The version of contractarianism I shall focus upon is that defended by John Rawls. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest (...) on a disputable moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can (...) still be protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

This article examines the extent to which Brian Barry’s contractarian political theory – justice as impartiality – is able to incorporate the interests of animals. Despite the initial optimism that Barry might provide a theory of justice that can provide substantial protection for the interests of animals, it is clear that he offers relatively little. Insofar as animals can be protected within justice as impartiality, they are not being protected as a result of their intrinsic value, but merely as one, (...) non-vital, human set of beliefs included within a conception of the good. As a result, those concerned about the well-being of animals need either to go beyond contractarianism, and look for alternative theories of justice that are more amenable to the inclusion of animals, or to examine the degree to which direct duties can be owed to animals within a moral realm independently of justice. (shrink)

This book argues that contractarianism is well suited as a political morality and explores the implications of deploying it in this way. It promises to revive contractarianism as a viable political theory, breaking it free from its Rawlsian moorings while taking seriously the long-standing objections to it. It's natural to think that the state owes things to its people: physical security, public health and sanitation services, and a functioning judiciary, for example. But is there a theory--a political morality--that can explain (...) why this is so and who the state's people are? This new contractarianism deploys a reversed state of nature thought experiment as the starting point of political theorizing. From this starting point it develops a political morality: a theory of the common ground of the role moralities attached to the various roles within the state. Contractarianism, so understood, can provide a basis for already popular ideas in political theory--such as political and legal liberalism--and overturn conventional wisdom, for example that the state is obligated to secure justice and that animals should have no legal standing. Contractarianism, Role Obligations, and Political Morality will be of interest to scholars and advanced students working in moral and political philosophy. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist (...) within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Any adequate account of the distinction between consequentialist and deontological moral systems must take account of the central place given to constraints in the latter. Constraints place limits on what each of us may do in the pursuit of any goal, including the maximisation of the good. There is some debate, however, both over how constraints are to be characterised, and over the rationale for their inclusion in a moral system. Some authors view constraints as agent-relative: a constraint (...) supplies an agent with an agent-relative reason to refrain from acting in the prohibited manner. A reason is agent-relative if it contains an ineliminable back-reference to the agent. On this characterisation, it is natural to suppose that constraints arise because of an agent’s concern with her own agency. There is perhaps, however, an alternative to this agent-focussed rationale: constraints, although characterised in terms of agent-relative reasons, might be best explained and defended via considerations of the potential victim of wrongdoing—yielding a victim- or patient-focussed rationale. Or, perhaps, constraints are not only best defended by a victim-focussed rationale; they are also best characterised by reference to the potential victim. In what follows, we advocate an agent-relative characterisation of, and an agent-focussed rationale for, constraints. We begin by developing a rigorous account of agent-focussed agent-relativity, before turning to consider patient-based approaches. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist (...) within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Liberal political philosophy presupposes a moral theory according to which the ability to assess and choose conceptions of the good from a universal and impartial moral standpoint is central to the individual's moral identity. This viewpoint is standardly understood by liberals as that of a rationalhuman(nottranscendental) agent. Such an agent is able to reflect on her ends and pursuits, including those she strongly identifies with, and to understand and take into account the basic interests of others. From (...) the perspective of liberalism as a political morality, the most important of these interests is the interest in maximum, equal liberty for each individual, and thus the most important moral principles are the principles of justice that protect individuals' rights to life and liberty.According to the communitarian critics of liberalism, however, the liberal picture of moral agency is unrealistically abstract. Communitarians object that moral agents in the real world neither choose their conceptions of the good nor occupy a universalistically impartial moral standpoint. Rather, their conceptions of the good are determined chiefly by the communities in which they find themselves, and these conceptions are largely “constitutive” of their particular moral identities. Moral agency is thus “situated” and “particularistic,” and an impartial reflection on the conception of the good that constitutes it is undesirable, if not impossible. Further, communitarians contend, the good is “prior” to the right in the sense that moral norms are derived from, and justified in terms of, the good. An adequate moral and political theory must reflect these facts about moral agency and moral norms. (shrink)

Do animals have moral rights? In contrast to the philosophical gurus of the animal rights movement, whose opinion has held moral sway in recent years, Peter Carruthers here claims that they do not. He explores a variety of moral theories, arguing that animals lack direct moral significance. This provocative but judiciously argued book will appeal to all those interested in animal rights, whatever their initial standpoint. It will also serve as a lively introduction to (...) ethics, demonstrating why theoretical issues in ethics actually matter. (shrink)

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...) The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...) The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

This is an article about the history of US sociology with systematic intent. It goes back to World War II to recover a wartime narrative context through which sociologists formulated a ‘trauma’ to the discipline and ‘blamed’ qualitative and values-oriented research for damaging the scientific status of sociology. This narrative documents a discussion of the changes that sociologists said needed to be made in sociology as a science to repair its status and reputation. While debates among sociologists about theory and (...) method had always been contentious, the wartime narrative insisted for the first time that sociology be immediately unified around quantitative approaches. The narrative of ‘good’ and ‘bad’ science that developed during the war not only undermined the efforts of social interactionists to theorize social action and social justice, but also derailed Parsons’ pre-war effort to bridge differences. The moral coding that is the legacy of the narrative stigmatized important approaches to sociology, leading to a ‘crisis’ in the 1960s that still haunts the discipline. Disciplinary history has overlooked the wartime narrative with the result that the role played by World War II in effecting this crisis has gone unrecognized. (shrink)

This paper presents a new trilemma with respect to resolving the control and alignment problems in machine ethics. Section 1 outlines three possible types of artificial moral agents (AMAs): (1) 'Inhuman AMAs' programmed to learn or execute moral rules or principles without understanding them in anything like the way that we do; (2) 'Better-Human AMAs' programmed to learn, execute, and understand moral rules or principles somewhat like we do, but correcting for various sources of human moral (...) error; and (3) 'Human-Like AMAs' programmed to understand and apply moral values in broadly the same way that we do, with a human-like moral psychology. Sections 2–4 then argue that each type of AMA generates unique control and alignment problems that have not been fully appreciated. Section 2 argues that Inhuman AMAs are likely to behave in inhumane ways that pose serious existential risks. Section 3 then contends that Better-Human AMAs run a serious risk of magnifying some sources of human moral error by reducing or eliminating others. Section 4 then argues that Human-Like AMAs would not only likely reproduce human moral failures, but also plausibly be highly intelligent, conscious beings with interests and wills of their own who should therefore be entitled to similar moral rights and freedoms as us. This generates what I call the New Control Problem: ensuring that humans and Human-Like AMAs exert a morally appropriate amount of control over each other. Finally, Section 5 argues that resolving the New Control Problem would, at a minimum, plausibly require ensuring what Hume and Rawls term ‘circumstances of justice’ between humans and Human-Like AMAs. But, I argue, there are grounds for thinking this will be profoundly difficult to achieve. I thus conclude on a skeptical note. Different approaches to developing ‘safe, ethical AI’ generate subtly different control and alignment problems that we do not currently know how to adequately resolve, and which may or may not be ultimately surmountable. (shrink)

Animal rights and moral theories -- Arguing for one's species -- Utilitarianism and animals : Peter Singer's case for animal liberation -- Tom Regan : animal rights as natural rights -- Virtue ethics and animals -- Contractarianism and animal rights -- Animal minds.

Since his article, ‘Outline for a Decision Procedure in Ethics,’ John Rawls has advocated a coherentist moral epistemology according to which moral and political theories are justified on the basis of their coherence with our other beliefs, both moral and nonmoral. A moral theory which is maximally coherent with our other beliefs is in a state which Rawls calls ‘reflective equilibrium’. In A Theory of Justice Rawls advanced two principles of justice and claimed that they are (...) in reflective equilibrium. He defended this claim by appeal to a hypothetical contract; he argued that parties in a position satisfying certain informational and motivational criteria, which he called ‘the original position,’ would choose the following two principles of justice to govern the basic structure of their society. (shrink)

Over twenty years after the publication of A Theory of Justice (1971), Rawls avowed that it was an error in Theory to describe a theory of justice as part of the theory of rational choice. This paper elucidates the reasons why Rawls had to make such an avowal of the error in connection with his contractarian rational deduction project of morality, i.e., rational contractarianism. Two major issues are involved here. They are about the construction of the original position and the (...) maximin derivation of the two principles of justice. Because of the moral irrelevancy of rationality in Hobbes’ model, Rawls tries to construct a fair original position. Hence Rawls’ rational contractarianism turns out rationality cum fairness model. However, this model of Rawls’ commits the circularity of moral assumptionsprior to rationality, which might be rationally arbitrary. Furthermore, because of its highly conservative psychological attitude of risk-aversion, Rawls cannot show the superior rationality in the maximin strategic derivation of the two principles of justice over the other strategies. These are the reasons why Rawls had to admit the error. After the avowal of the error, Rawls shifted to Kantian conception of free and equal moral persons for the justificatory device of his theory of justice. Several polemical issues around the Kantian conception are discussed and adjudicated. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that (...) we have other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and (...) modal imagination. Chapter 2 then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

Resumen:Es innegable que desde la publicación de A Theory of Justice en 1971 la filosofía política ha dado un giro en las temáticas que históricamente ha abordado. Pues como afirma Robert Nozick, es imposible realizar cualquier tipo de filosofía práctica, sin considerar el marco teórico ofrecido por la obra de Rawls, dado que lo inédito de su trabajo es ofrecer una teoría sustantiva de justicia que deja atrás la tradición lógica-analítica, así como el mero análisis histórico-sistemático. Las múltiples repercusiones han (...) dado inicio a una vasta cantidad de encuentros y desencuentros en la forma concebir la justicia social. En este debate se enmarca el último libro del profesor Pablo Aguayo Westwood: Justicia social: conceptos, teorías y problemas, donde propone una breve revisión de los principales hitos que han marcado la discusión en torno a la justicia social, así como algunos problemas prácticos que conciernen a esta. (shrink)

This paper argues that Rawls’ principles of justice provide a normative foundation for stakeholder theory. The principles articulate (at an abstract level) citizens’ rights; these rights create interests across all aspects of society, including in the space of economic activity; and therefore, stakeholders – as citizens – have legitimate interests in the space of economic activity. This approach to stakeholder theory suggests a political interpretation of Boatright’s Moral Market approach, one that emphasizes the rights/place of citizens. And this approach (...) to stakeholder theory – in terms of citizens – raises a further question, what rights and obligations do economic agents have, beyond those attached to their roles as citizens? Rawls would reject additional rights and obligations of this sort for two reasons, one tied to freedom and one tied to pluralism. Rawls’ work therefore presses us to re-conceptualize the place of ethical claims in the economic context. (shrink)

David Gauthier's Morals by Agreement is the most complete and suggestive contractarian theory of morality since the work of Rawls. In this anthology a number of prominent moral and political philosophers offer a critical assessment of Gauthier's theory and its three main projects: developing a contractarian foundation for morality, defending a theory of rational choice, and supporting the claim that rationality requires one to keep one's agreements. An introduction sets out Gauthier's project, while Gauthier himself has the last word, (...) responding to the critiques. This collection will interest moral and political philosophers, social theorists, and specialists in the philosophy and theory of law as well as management sciences. (shrink)

_ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key (...) figures such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

In “Rawls and Animals” I try to do two things. First, I try to bring together for the first time Rawls’ thoughts on animals in “A Theory of Justice” as well as the often contradictory secondary literature on this topic. And second, I examine for the first time Rawls’ treatment of animals in his recent work “Political Liberalism.”.

Es innegable que desde la publicación de A Theory of Justice en 1971 la filosofía política ha dado un giro en las temáticas que históricamente ha abordado. Pues como afirma Robert Nozick, es imposible realizar cualquier tipo de filosofía práctica, sin considerar el marco teórico ofrecido por la obra de Rawls, dado que lo inédito de su trabajo es ofrecer una teoría sustantiva de justicia que deja atrás la tradición lógica-analítica, así como el mero análisis histórico-sistemático. Las múltiples repercusiones han (...) dado inicio a una vasta cantidad de encuentros y desencuentros en la forma concebir la justicia social. En este debate se enmarca el último libro del profesor Pablo Aguayo Westwood: Justicia social: conceptos, teorías y problemas, donde propone una breve revisión de los principales hitos que han marcado la discusión en torno a la justicia social, así como algunos problemas prácticos que conciernen a esta. (shrink)

In this article, we develop and defend an account of the normative significance of nonhuman animal agency. In particular, we examine how animals’ agency interests impact upon the moral permissibility of our interactions with them. First, we defend the claim that nonhuman animals sometimes have rights to self-determination. However, unlike typical adult humans, nonhuman animals cannot exercise this right through the giving or withholding of consent. This combination of claims generates a puzzle about the permissibility of (...) our interactions with nonhuman animals. If animals sometimes have rights to self-determination, but lack the capacity to consent, then when, if ever, is it permissible for us to touch them, hold them, bathe them, or confine them? In the second half of the article, we develop a solution to this puzzle. We argue that while we cannot obtain animals’ consent, they can engage in authoritative communications of will through acts of “assent” and “dissent.”. (shrink)

By combining and augmenting recent arguments that have appeared in the literature, I show how a modified Rawlsian theory of justice generates a strong environmental and animal rights ethic. These modifications include significant changes in the conditions of the contract situation vis-a-vis A Theory of Justice, but I argue that these modifications are in fact more consistent with Rawls’ basic assumptions about the functions of a veil of ignorance and a thin theory of the good.

Andrews Reath presents a selection of his best essays on various features of Kant's moral psychology and moral theory, with particular emphasis on his conception of rational agency and his conception of autonomy. Together the essays articulate Reath's original approach to Kant's views about human autonomy, which explains Kant's belief that objective moral requirements are based on principles we choose for ourselves. With two new papers, and revised versions of several others, the volume will be of (...) great interest to all students and scholars of Kant and of moral philosophy. (shrink)

_ Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures (...) such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

It is argued that John Rawls’ theory of social justice as well as the contract argument for it are misleading, if not actually mistaken, in that they appear to take institutional features of societies as fundamental objects of moral evaluation. An alternative view: is expounded. Principles involving institutional features are only contingently related to principles involving the distribution of things people care about. These distributions are taken as the fundamental objects of moral evaluation. Social, political and economic institutions (...) are means to achieve more desirable distributions. It is argued that the alternative provides a more accurate reconstruction of the moral foundations of social-democratic liberalism than does Rawls’ theory. (shrink)

Using the principles of John Rawls' theory of justice, this book offers an alternative political vision; one which describes a mode of governance that will enable communities to implement a sustainable and socially just future. Rawls described a theory of justice that not only describes the sort of society in which anyone would like to live but that any society can create a society based on just institutions. While philosophers have demonstrated that Rawls's theory can provide a framework for the (...) discussion of questions of environmental justice, the problem for many philosophical theories is that discussions of sustainable development open the need to address questions of ecological interdependence, historical inequality in past resource use and the recognition that we cannot afford to ignore the limitations of growth. These ideas do not fit in comfortably in standard discourse about theories of justice. In contrast, this book frames the discussion of global justice in terms of environmental sustainability. The author argues that these ideas can be used to develop a coherent political theory which reconciles cosmopolitan arguments and the non-cosmopolitan or nationalist arguments concerning social and environmental justice. This book will be of great interest to students and scholars of environment philosophy and ethics, moral and political philosophy, global studies and sustainable development. (shrink)

It is a common view in modern scholarship on Buddhist ethics, that attachment to the self constitutes a hindrance to ethics, whereas rejecting this type of attachment is a necessary condition for acting morally. The present article argues that in Vasubandhu's theory of agency, as formulated in the Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary), a cognitive and psychological identification with a conventional, persisting self is a requisite for exercising moral agency. As such, this identification is essential for (...) embracing the ethics of Buddhism and its way of life. The article delineates the method that Vasubandhu employs to account for the notion of a selfless moral agent, with particular emphasis on his strategies for dealing with one central aspect of agency, self-interested concern for the future. (shrink)

John Rawls’ use of a contractarian strategy for justifying basic principles of justice has raised the hope that a similar strategy might work for a theory of right and moral principles generally. I want to show that this hope cannot be fulfilled.In what follows I interpret contractarianism in a Rawlsian way on the grounds that his is the most plausible version of the doctrine we are likely to get. I am not however concerned with the details of Rawls’ argument (...) for justice but instead with an idea that appears to underlie the contractarian strategy. In order to avoid the complications of Rawlsian exegesis, I choose to discuss the doctrine as it might be used to justify a moral principle of mutual assistance and not as Rawls in fact uses it to justify principles of justice. (shrink)

Part I: WHAT IS ETHICS? Plato: Socratic Morality: Crito. Suggestions for Further Reading. Part II: ETHICAL RELATIVISM VERSUS ETHICAL OBJECTIVISM. Herodotus: Custom is King. Thomas Aquinas: Objectivism: Natural Law. Ruth Benedict: A Defense of Ethical Relativism. Louis Pojman: A Critique of Ethical Relativism. Gilbert Harman: Moral Relativism Defended. Alan Gewirth: The Objective Status of Human Rights. Suggestions for Further Reading. Part III: MORALITY, SELF-INTEREST AND FUTURE SELVES. Plato: Why Be Moral? Richard Taylor: On the Socratic Dilemma. David Gauthier: (...) Morality and Advantage. Gregory Kavka: A Reconciliation Project. Derek Parfit: Later Selves and Moral Principles. Bernard Williams: Persons, Character, and Morality. Suggestions for Further Reading. Part IV: VALUE. Jeremy Bentham: Classical Hedonism. Robert Nozick: The Experience Machine. Richard Taylor: Value and the Origin of Right and Wrong. Friedrich Nietzsche: The Transvaluation of Values. Derek Parfit: What Makes Someone’s Life Go Best? Thomas Nagel: Value: The View from Nowhere. Suggestions for Further Reading. Part V: UTILITARIANISM AND CONSEQUENTIALISM. John Stuart Mill: Utilitarianism. J.J.C. Smart: Extreme and Restricted Utilitarianism. Kai Nielsen: Against Moral Conservatism. Bernard Williams: Against Utilitarianism. John Hospers: Rule-Utilitarianism. Robert Nozick: Side Constraints. Peter Singer: Famine, Affluence and Morality. Suggestions for Further Reading. Part VI: KANTIAN AND DEONTOLOGICAL SYSTEMS. Immanuel Kant: Foundation for the Metaphysic of Morals. W. D. Ross: What Makes Right Acts Right? Onora O’Neill: Kantian Formula of the End in Itself and World Hunger. Thomas Nagel: Moral Luck. Philippa Foot: Morality as a System of Hypothetical Imperatives. Judith Jarvis Thomson: Killing, Letting Die, and the Trolley Problem. Suggestions for Further Reading. Part VII: CONTRACTARIAN ETHICAL SYSTEMS. Thomas Hobbes: The Leviathan. David Gauthier: Why Contractarianism? John Rawls: Contractualism: Justice as Fairness. T.M. Scanlon: Contractualism and Utilitarianism. Suggestions for Further Reading. Part VIII: VIRTUE-BASED ETHICAL SYSTEMS. Aristotle: The Ethics of Virtue. Bernard Mayo: Virtue and the Moral Life. William Frankena: A Critique of Virtue-Based Ethics. Walter Schaller: Are Virtues No More than Dispositions to Obey Moral Rules? Alasdair MacIntyre: The Nature of the Virtues. Susan Wolf: Moral Saints. Louis P. Pojman: In Defense of Moral Saints. Suggestions for Further Reading. Part IX: THE FACT/VALUE PROBLEM: METAETHICS IN THE TWENTIETH CENTURY. David Hume: On Reason and the Emotions: The Fact/Value Distinction. G. E. Moore: Non-Naturalism. A. J. Ayer: Emotivism. R. M. Hare: Prescriptivism: The Structure of Ethics and Morals. Geoffrey Warnock: The Object of Morality. Suggestions for Further Reading. Part X: MORAL REALISM AND THE CHALLENGE OF SKEPTICISM. J.L. Mackie: The Subjectivity of Values. Jonathan Harrison: A Critique of Mackie’s Error Theory. Gilbert Harman: Moral Nihilism. Nicholas Sturgeon: Moral Explanations. Bernard Williams: Ethics and the Limits of Philosophy. Bruce Russell: Two Forms of Ethical Skepticism. Michael Smith: A Defense of Moral Realism. Suggestions for Further Reading. Part XI: RELIGION AND ETHICS. Plato: Morality and Religion. Immanuel Kant: God and Immortality as Necessary Postulates of Morality. George Mavrodes: Religious and the Queerness of Morality. Kai Nielson: Ethics Without God. Suggestions for Further Reading. Part XII: CONTEMPORARY CHALLENGES TO CLASSICAL ETHICAL THEORY. Part A. Sociobiology and the Question of Moral Responsibility. Charles Darwin: Ethics and the Descent of Man. E.O.Wilson: Sociobiology and Ethics. Michael Ruse: Evolution and Ethics: The Sociobiological Approach. Elliot Sober: Prospects for an Evolutionary Ethics. J.L. Mackie: The Law of the Jungle, Evolution and Morality. Suggestions for Further Readingon Sociobiology. Part B. The Challenge of Determinism to Moral Responsibility and Desert. Galen Strawson: The Impossibility of Moral Responsibility. Louis Pojman: Free Will, Determinism, and Moral Responsibility:A Response to Galen Strawson. Richard Taylor: A Libertarian Defense of Free Will and Responsibility. Suggestions for Further Reading on Moral Responsibility. Glossary of Ethical Terms. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which is (...) generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising (...) the strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

In seeking to neutralize affectivity and in requiring us to act for the right without reference to the conceptions of the good that normally attract our allegiance, some critics say, contemporary cognitivist theories of justice undercut human agency and leave justice hanging. This paper explores the merits of that charge by engaging the work of John Rawls and Jürgen Habermas. Rawls does offer an account of the sense of justice that can meet the motivational challenge, albeit not without compromising (...) the strict priority of the right over the good. Habermas objects to key elements of the Rawlsian compromise and defends a more strenuously pure proceduralism, acknowledging the motivational (if not the normative) difficulties this entails. The accommodations and the deficits found in Rawls and Habermas point to the irrepressible place that conceptions of the good and our affective attachments to them occupy within human moral psychology. This feature of moral psychology has more than merely practical significance. It affects the operation of practical reason, and on the contemporary cognitivist models of justice it is practical reason that establishes the validity of moral and political norms. Consequently, a fuller account of the moral psychology that supports just action also helps clarify the nature of norm justification. (shrink)

Until now, arguments for the distribution of resources by those who care about the plight of human-used animals have been either utilitarian or libertarian in nature. The utilitarian case has been made in writing by both activists and philosophers. The libertarian case is more a position that I have found comes naturally to many in the animal movement. In this article I make use of elements of Rawls’ A Theory of Justice to make a case for two principles of (...) justice for the distribution of human resources by those in the animal rights community. My argument arises within the tradition of Tom Regan and Marc Rowlands where animals are held to possess negative rights. This is an argument largely by analogy to Rawls’ manner of making a case for his two principles. (shrink)

This is an examination of some Left critiques of Rawls. Stress is put, not on his underlying moral methodology, including his contractarianism, though surely there is need for such a critique as well, but on an examination of his principles of justice, particularly his equal liberty principle and his difference principle. This is often thought to be the heart of his theory. It is argued that Rawls’ asociological and ahistorical approach and his ignoring of questions of power and of (...) ideology and his lack of an adequate conceptualization of liberty lead to major distortions in his account. Both principles are shown to be problematic and the equal liberty principle is shown to be in conflict with the difference principle. (shrink)

My dissertation examines Kant’s and Rawls’s theories of the moral development of individuals within structured political communities. I reconstruct Kant’s under-studied account of the emergence of reason by looking at his remarks on the transition our species underwent from mere irrational animals into primitive human beings. I show how his account of the emergence of reason fits with his broader view of humankind’s rational progress and the moral development of an individual. Next, I argue that Kant’s anthropological and (...) pedagogical writings influenced Rawls’s early views on moral development in A Theory of Justice. In contrast to other commentators who have located Kant’s influence on Rawls in his emphasis on the free and equal nature of human beings, my dissertation shows that Kant’s anthropological theory of moral development is also at the core of Rawls’s Kantian project. I also argue that the moral-psychological account Rawls develops in Part III of Theory sheds light on crucial aspects of Kant’s practical philosophy, notably on his emphasis on the need for one generation to provide the moral education of subsequent generations in order to achieve political stability. Dissertation Committee: Allen Wood (co-chair), Leif Wenar (co-chair), Juliana Bidadanure, David Hills, David Estlund (external, Brown). (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Previous edition, 1st, published in 1971.

By giving sympathy a central role, Adam Smith’s Theory of Moral Sentiments (1759) can be regarded as one of the ‘enlightened’ moral theories of the Enlightenment, insofar as it widened the scope of moral consideration beyond the traditionally restricted boundary of human beings. This, although the author himself does not seem to have been aware of this fact. In this paper, I want to focus on two aspects which I think lead to this conclusion. First, by making (...) sentience the requisite to be taken into moral consideration, nonhuman animals in Smith’s moral theory can count as moral patients towards whom we should exercise the virtue of beneficence (if not justice). Secondly, Smith’s idea of morality as working in concentric circles –generating more stringent duties towards those closer to us– could explain and perhaps also justify our caring for some nonhuman animals, especially pets. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.