phil ethics s r
Terms
-
Moral contractualism - general definition
-
refers to a type of ethical theory-morality derives its normative force from the idea of contract or mutual agreement.
moral not god's law, or ind moral order-agreement essential feature of morality.
act w forbidden principles are, woul
-
Ways contractualists ellaborate idea of morality being essentially concerned with actual or hypothetical agreement - Hobbesian contractualism
-
H-m p are those that are in the ratinoal self interest of everyone for all to accept-each r person has s i r to be constrained by mp as long as others adopt as well
- Ways contractualists ellaborate idea of morality being essentially concerned with actual or hypothetical agreement - Hobbesian contractualism
-
K-m (or sign part) consti by outcome of reasonable agree among equals that expr resp for each other as moral agents
each r person has concern reas recip drawn out and specified by agr
Value of this special relation of mutual respect underl
-
Underlying value of Kantian contractualism
-
living with others in relations of mutual respect
What are terms on which we can live with others so that we treat each other respectfully
C idea finding p's no one reasonable reject crucial element
- Contractualism essay - Objection - Rawls and Scanlon do not ellaborate this idea as well as another type of theory
-
underlying idea of pressing our claims against each other - the strength of our claims from our own perspective determines somehow which wins out - concerned with what all plausibly agree to when taken from our own standpoint
what we as group ag
- Gauthier - characteristics of bargainers
-
those who can provide mutual advantage - not bargain with those from whom we do not stand to benefit
full information
mutually unconcerned-why think this?
-
Contractualism -alternative to R and K - answer to objection about pressing claims
-
value of living with others in relations of mutual respect better ellab by what we as a group agree to by disc and delib from persp in which all presumed value each other and find pr that satisfy claims of all, not just our own.
Better model mora
-
Contractualism - Gauthier - Practical rationality - and aim of theory
-
defends self-i model r-agent p r iff max satisfaction of his preferences.
all r p have r reason to be moral-so canont include moral premises-so appealing to show any r person have reason to be moral
-
Gauthier - his basic view
-
mp are those r agents would agree to in certain choice situation
SOA all pursue si indpendently detrimintal to all-all have some reason avoid, but different reasons prefer different outcomes
Agents bargain for p's constrain pursuit si-s
- Gauthier - bargaining agreement they would come to
- A few possible bargaining solutions, one offered Nash and Harsanyi, but G prefers another - minimax relative concession - basic idea is that parties will choose the outcome that minimizes their grounds for complaint (in terms of rational self interest) fo
- Gauthier - abide by its terms
-
Under certain conditions, r agents should acquire dispos to comply with terms of rat agreement - constrained maximizers
(1) enough agents disposed to comply
(2) character sufficiently transparent
- Scanlon - subject of theory
-
concerned with specific domain of morality, what we owe to each other
-
Scanlon's contractualism
- an act is wrong if and only if any principle that permitted it would be one that could reasonably be rejected by people who were moved to find principles for the general regulation of behavior that others, similarly motivated, could not reasonably reject.
-
Gauthier - problems
-
rationality-does not require place weight on oneself or others and why rat abide terms
Includes m prem-why not equality of reward or utility?
what if character not transparent
other values, moral mot
-
Scanlon - main difference with article
-
There his formula concerned with people with an unexplained desire to find principles that no one could reaosnably reject
In book, people have reason to want act in ways that could be justified others, and when r person recognizes something as re
-
Scanlon - reasonable
-
idea presup body of info and range of reasons and makes claim about what these reasons in fact support
Most important reasons are those we al lhave to live on basis of principles that no one could reasonably reject.
-
Scanlon - generic reasons
-
reasons enter assessment whether p can be reasonably rejected-r have in virtue of situation, charac gen terms-personal reasons, have to do with claims and status of that person, so include essential reference to myself
KOE+agg
-
Advantages - Scanlon
-
Intuitive principles
Motivat-ideal being able justify actions to others-character relation of mutual recognition-value and appeal of which underlies our reasons to do what morality requires-relation appealing in itself
gives direct r concer
-
Scanlon-applying formula
-
possible ps how one may act in C
ask any p permit X could be rr-Obj permis-idea burdens imposed if others permit X-obj prohib-idea ways others burden p forbidding X
Compare-if former, rr any p permit X, X wrong
If p per X not rr, X no
-
Scanlon - main problems
-
Reasons-independent standards, but in Kantian picture they come out of ppr
how weigh reaosns
Aggregation
Redundancy - what work is the formula doing of ultimately wrongness depends on reasons
KOE does better
-
Gauthier outline
-
efficiency model pr, aim of theory
Basic idea-bargain outcomes
Bargaining situation-parties and solution
Abide by terms?
Problems-eff model, moral cons, abide by terms, other values
-
Contract essay - outline
-
Basic idea-two types
KC best-underlying value is living with others in relation of mutual respect-gives content and justification for morality
G not good
S better, but does not ellabor basic value as well as KOE
-
Scanlon - outline
-
Dom mor
SC formula-diff article, reasonable, g rs (personal)
Apply-obj perm (burdens others permit), prohib burden forbid X
ADV-moral intuition, moral motivation (ideal)
Probl-reasons, weigh, agg, circ, KOE -
Rawls - TOJ - main aim
-
find POJ, which are supposed to specify fair terms of cooperation to govern the basic social, political and economic institutions of society
public charter-direct how basic rights and liberties, along with benefits and burdens of social life, dis
- Rawls' limited project of justice
-
find POJ, govern basic structures of closed, well-ordered society that exists under reason fav conditions, that would be chosen by parties in the OP from among small set trad conceptions of justice.
-
Idealizing assumptions about society for which principles chosen
-
people who accept, know others accept, same POJ
normal and fully cooperating members
basic institutions eff regulated by PCJ
So injustice almost totally absent.
-
Rawls - justification and methodology - OP
-
PCJ-object of a hypothetical agreement among free and ratioanl persons in an initial situation of equality, the OP.
OP-free and equal people who are ratioanl, mutually disinterested, VOI, basic facts social life primary goods
-
Reasoning in the OP to the two principles - basic
-
fundamental judg each person posses inviolability protects him having to sacrifice freedom to produce greater gains for society as whole
not stand for infringements on rights merely for economic gain, assign high, if not absolute, weight to basic
-
Rawls - primary goods
-
rights, liberties, income, wealth and self-respect
-
Principles chosen - TOJ
-
Each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others
s and e inequal ar to be arranged so that they are reason expec to everyone's advantage, atta
-
TOJ - Outline - Overview
-
Three parts exposition theory intended make a unified whole by supporting one anothe
Essentials theoretical structure-argued JAF
institutions duties and obligations it imposes on individu
feasibility-stability
-
Outline - TOJ - Part 1 - Theory
-
proj and limits-2p solut
ground rules for how argue-criterion of adequacy is RE
standp choose ps, reasons set up and that conclu is justice-pure pj and fair agre, and p's chosen
tentative effort extend duties and obl
-
Outline - TOJ - Part II - Institutions
-
interp and specify abstract ps assess conseq for institu-lead j's find accept.
4 sequence-VOI lifted-OP, cons, leg, adm
Leg-toler, equal par, rule law
work out as concp political econom modern state
-
TOJ - Outline - Part 3 - Ends - Goodness as rationality
-
goodness as rat-justify prim g-thin theory-have properties rational for us to want given rat life plan-consist prin r choice (counting principles, inclusiveness and efficient means), chosen full delib r (facts and care)
if satisfy persons general
-
TOJ - Outline - Part 3 - Ends - Aristotelian Principle
-
Ar p-cp humans enjoy exercise realized capacities, increas more capac realized-account major desires
so gen r realize and train mature capac, constrained by principles of right-rp allows person flourish
with thin, acc cj of value
- TOJ - Outline - Part 3 - Ends - Good person, moral worth and justice
-
Good person-has higher degree than average broadly based properties that it is rational for persons to want in one another
broadly based prop-rat want when viewed with respect almost any social role-virtue
- TOJ - Outline - Part 3 - Ends - stability - justice as fairness and goodness as rationality are congruent
-
WOS-basic structure just and stable, members have app sense of justice and desire see instit affirmed
Rat each act on POJ only on ass others as well
so member WOS find wants others have virtue of justice-he wnats his and others plans to be
-
Rawls - definition of stability
-
once concep jus more stable if sense of j that it tends to generate is stronger and more likely to override disruptive inclinations and if institutions it allows foster weaker impulses and temptations to act unjustly.
Important feature
-
Rawls - Outline - Part 3 - Justice is virtue
- justice-strong, nor effect desire act on princ of right, is among broadly based properties
- Rawls - outline - Part 3 - Outline - feasibility and stability of his JAF
-
GAR, Arist P explains main part of rlp
Virtues and justice as one (society helps realize potential)
Problem of stability
WOS stable (virtue justice), so congruence
-
Rawls - Outline - Part 3 - congruence
-
c's ofWOS, does a person's rational life plan support and affirm his sense of justice
eff sense justice belong's persons good, so tendencies instability kept in check
-
Changes from PL to TOJ - Main problem
-
JAF requir dem regime, RP longterm outcome of d and free inst
argument TOJ assumes that WOS of JAF, citizens hold same CD (parts Kant's comp liber)-P3 asks stable argues psychology lead citi WOS aquire sense justice
compr view not held
-
Changes TOJ to PL - Other two
-
TOJ has strong principles of freedom of thought and expression, so people as they are will inevitably disagree
JAF is partial comp doctrine, but the distinction between PD and CD not made there.
-
Main Question of PL
-
How is it possible for there to exist over time a just and stable society of free and equal citizens, who remain profoundly divided by reasonable rel, phil, and moral doctrines
- Main Question of PL - Two subparts, corresponding to two parts of the analysis
-
(A) What is most app COJ for specifying fair terms of coop among f and e, fully coop members of society over complete life, one gen to next.
(B) How can citizens, so conceived, given reasonable pluralism, maintain a just and stable dem society?&n
-
Reasonable Pluralism
-
Modern em s charac pluralism incompat yet reas comp doctrines
long-run result of powers of human reason in enduring background free institutions
not unfort condition, as pluralism may be-allow doctrines irrational, mad, aggressive
-
Comprehensive Doctrine - PL
-
m, r, p conception of what is of value in human life, along with accounts of ideals of virtue, that are to inform much of our conduct and extends well beyond domain of political
full-all v+v in one precise sch
part-certain, loose art
-
Political Conception of Justice - three features
-
Subject-moral concep worked out for basic structure
Mode presentation-freestandin-offered as not, nor derived, CD applied basic structure-module, part fit in to various RCD-not util applied BS
Content-exp terms fund moral ideas implicit pub
-
Two parts of a PCJ
-
substantive principles of justice for the basic structure
guidelines of inquir: princpiles of reasoning and rules of evidence in light of which citizens decide whether subst prinviples apply and identify laws that best satisfy them
-
PL -SubQuestion 1 - most appropriate PCJ specify fair terms of cooperation among citizens as f and e, normal f coop over complete life, one gen to next - Part 1 of TOJ - method
-
Look to culture for impl recogni ideas and principles-need way organizing
Aiming for general and wide reflective equi
-
PL - SQ 1 - ideas found in PPC - Society and Social Coop
-
Society-fair system coop over time-not fixed natural order or justified by religion or aristoc values
Social coop-guided by publicly rec rules that people accept as regulating conduct-fair terms coop, charac PCJ, terms each reasonably accept if a
- PL - SQ 1 - ideas found in PPC - Person
-
someone who can be a citizen, a normal and fully coop member society over complete life
Free-conception good, self-auth sources valid claims, take responsibility ends
Equal-minimum degree two moral powers
- PL - SQ 1 - Companion ideas of JAF - Original Position
-
help work out fair terms of coop for society-laid down by external authority (Aquinas), knowledge of indep moral order (Moore, Sidgwick)-rather, conceived as agreed to by those engaged in it sit fairly
VOI-elimin bargain adva from n+s contin, Par
-
PL - SQ 1 - Companion ideas of JAF - Conception of Political Justice
-
Two principles of justice
Public reason - principles of evidence and guidelines for inquiry for discussing moral questions and interpreting political rules in public forum
- PL - SQ 2 - How can society regulated by a political conception of justice remain just and stable? - Part 3 of TOJ - Problem of Stability
-
Suppose found and set up PCJ just and worth defending
given fact of RP, how frame defense so gain suff wide support to be stable?
Some PCJ one CD to be realized by all members P, A, Aq, S, B-inst ju prom good
Othes allow plurali
-
PL - SQ 2 - Idea of a WOS
-
all accept and know others same PCJ
basic structures publicly known reg PCJ
citizens have normally effective sense of justice so generally comply with structures
-
PL - SQ 2 - Reasonable Comprehensive Doctrine
-
R of p-offer abide by fair terms coop, reco burdens judgmen, sources r disa like complex evidence, weight of considerations vague
RCD-exercise conscient use of reason by re people covers major rel, phil m aspects human life in more less coherent
- PL - SQ 2 - Reasonable Comprehensive Doctirine and political power
-
b/c of burdens of judgment and willingness abide by fair terms coop all can accept will think unreasonable use political power repress reasonable comprehensive views
-
PL - SQ 2 - Most reasonable PCJ will be liberal
-
Spec certain basic rights, liberties and oppo
assignment of special priori to those rights lib and opp above social interest
assuring all citize adequate all purpose mans make effective use of lib and opp
- PL - SQ 2 - overlapping consensus of reasonable comprehensive doctrine
-
hope find PCJ gain support of OC of RCD
JAF appeals to political values all share
First stage, JAF is presented freestanding
Now look for overlapping consensus, show how view can be supported from the pov of various comprehensive doct
- PL - SQ 2 - not mere modus vivendi
-
do not want mere balance forces, where each agrees only bc in its interests and use political power coercively if given opp
ROC-object of consensus is moral, affirmed on moral grounds, will not withdraw support should political power change
-
PL - SQ 2 - Idea of Public Reason - the problem
-
In light of what pr and ideals must citizens by vote properly exerci coercive political power, if doing so justifiable to others?
Lib pr leg-p power justifible only when exerci accord const essent all may reasonal expect endorse
PV gr
- PL - SQ 2 - overlapping consensus of reasonable comprehensive doctrine - examples
-
Religious doctrines lead to principle of toleration by principle of free faith that underwrites fundamental liberties
Liberal (affirm or derive) PCJ on basis comp lib moral doct of Kant or Mill-K
PV norm outweigh nonpol
- PL - Outline
-
Changes TOJ, Question and sub
Def-CD, RP, PCJ
SQ1-PPC(Soc, Soc coop,person), JAF(OP,2ps)
SQ2-Prob, WOS, RCD (pol power, lib), OLC (ex, not mv), PR (prob, sol)
- PL - SQ 2 - Idea of Public Reason - the solution
-
PV great values, so affirm public reason-gl inquiry, principles of reasoning and rules of evidence in light of which citizens are to decide whether subst principles properly apply and identify laws and policies best satisfy
f mat justic
-
Problems - PL and TOJ
-
Mostly good on own terms, but question starting point and relavance
Utopianism
Is this right model for deciding terms we will all live by - pressing claims on each other, trying to get as much for ourselves as possible
Why PV st