Reason, Justification, and Contractualism

Reason, Justification, and Contractualism
Author: Markus Stepanians
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 277
Release: 2021-09-20
Genre: Philosophy
ISBN: 3110733757

This book collects major original essays developed from lectures given at the award of the Lauener Prize 2016 to T. M. Scanlon for his outstanding oeuvre in Analytical philosophy. In "Contractualism and Justification," Scanlon identifies some difficulties in his theory and explores possible ways to deal with them. In "Improving Scanlon’s Contractualism," D. Parfit recommends revisions and extensions of Scanlon’s theory, while R. Forst suggests in "Justification Fundamentalism" that Scanlon may want to replace reason with justification as his foundational concept. T. Nagel raises fundamental questions concerning "Moral Reality and Moral Progress," and S. Mantel offers in "On How to Explain Rational Motivation" a critical discussion of Scanlon’s cognitivist theory of motivation. Z. Stemplowska does the same for Scanlon’s conception of responsibility in "Substantive Responsibility and the Causal Thesis," and S. Olsaretti suggests in "Equality of Opportunity and Justified Inequalities" an alternative to Scanlon’s arguments against economic inequalities. All contributors receive extensive replies by Scanlon. For anyone interested in Scanlon’s seminal work in moral and political philosophy, the present volume is utterly indispensable.

Reason, Justification, and Contractualism

Reason, Justification, and Contractualism
Author: Markus Stepanians
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 170
Release: 2021-09-20
Genre: Philosophy
ISBN: 3110733676

This book collects major original essays developed from lectures given at the award of the Lauener Prize 2016 to T. M. Scanlon for his outstanding oeuvre in Analytical philosophy. In "Contractualism and Justification," Scanlon identifies some difficulties in his theory and explores possible ways to deal with them. In "Improving Scanlon’s Contractualism," D. Parfit recommends revisions and extensions of Scanlon’s theory, while R. Forst suggests in "Justification Fundamentalism" that Scanlon may want to replace reason with justification as his foundational concept. T. Nagel raises fundamental questions concerning "Moral Reality and Moral Progress," and S. Mantel offers in "On How to Explain Rational Motivation" a critical discussion of Scanlon’s cognitivist theory of motivation. Z. Stemplowska does the same for Scanlon’s conception of responsibility in "Substantive Responsibility and the Causal Thesis," and S. Olsaretti suggests in "Equality of Opportunity and Justified Inequalities" an alternative to Scanlon’s arguments against economic inequalities. All contributors receive extensive replies by Scanlon. For anyone interested in Scanlon’s seminal work in moral and political philosophy, the present volume is utterly indispensable.

What We Owe to Each Other

What We Owe to Each Other
Author: T. M. Scanlon
Publisher: Harvard University Press
Total Pages: 433
Release: 2000-11-15
Genre: Philosophy
ISBN: 067400423X

How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong.

Contractualism and the Foundations of Morality

Contractualism and the Foundations of Morality
Author: Nicholas Southwood
Publisher: Oxford University Press
Total Pages: 221
Release: 2010-11-04
Genre: Philosophy
ISBN: 0199539650

Proposes a new model of contractualism based on an interpersonal, deliberative conception of practical reason which answers the twin demands of moral accuracy and explanatory adequacy.

The Right to Justification

The Right to Justification
Author: Rainer Forst
Publisher: Columbia University Press
Total Pages: 370
Release: 2012
Genre: Law
ISBN: 0231147082

Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, equality, and toleration--and joins them to the right to justification. The resulting theory treats "justificatory power" as the central question of justice, and by adopting this approach, Forst argues, we can discursively work out, or "construct," principles of justice, especially with respect to transnational justice and human rights issues. As he builds his theory, Forst engages with the work of Anglo-American philosophers such as John Rawls, Ronald Dworkin, and Amartya Sen, and critical theorists such as Jürgen Habermas, Nancy Fraser, and Axel Honneth. Straddling multiple subjects, from politics and law to social protest and philosophical conceptions of practical reason, Forst brilliantly gathers contesting claims around a single, elastic theory of justice.

How Hume and Kant Reconstruct Natural Law

How Hume and Kant Reconstruct Natural Law
Author: Kenneth R. Westphal
Publisher: Oxford University Press
Total Pages: 286
Release: 2016-04-07
Genre: Philosophy
ISBN: 0191064122

Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.

The Original Position

The Original Position
Author: Timothy Hinton
Publisher: Cambridge University Press
Total Pages: 295
Release: 2015-12-10
Genre: Philosophy
ISBN: 1107044480

This volume explores and analyses the continued relevance and ramifications of the original position, the central idea of John Rawls's political philosophy.

The Difficulty of Tolerance

The Difficulty of Tolerance
Author: Thomas Scanlon
Publisher: Cambridge University Press
Total Pages: 290
Release: 2003-06-26
Genre: Law
ISBN: 9780521533980

These essays in political philosophy by T. M. Scanlon, written between 1969 and 1999, examine the standards by which social and political institutions should be justified and appraised. Scanlon explains how the powers of just institutions are limited by rights such as freedom of expression, and considers why these limits should be respected even when it seems that better results could be achieved by violating them. Other topics which are explored include voluntariness and consent, freedom of expression, tolerance, punishment, and human rights. The collection includes the classic essays 'Preference and Urgency', 'A Theory of Freedom of Expression', and 'Contractualism and Utilitarianism', as well as a number of other essays that have hitherto not been easily accessible. It will be essential reading for all those studying these topics from the perspective of political philosophy, politics, and law.

Critical Essays on "Causation and Responsibility"

Critical Essays on
Author: Benedikt Kahmen
Publisher: Walter de Gruyter
Total Pages: 432
Release: 2013-10-14
Genre: Philosophy
ISBN: 3110302292

Due to its scope and depth, Moore’s Causation and Responsibility is probably the most important publication in the philosophy of law since the publication of Hart’s and Honoré’s Causation in the Law in 1959. This volume offers, for the first time, a detailed exchange between legal and philosophical scholars over Moore’s most recent work. In particular, it pioneers the dialogue between English-speaking and German philosophy of law on a broad range of pressing foundational questions concerning causation in the law. It thereby fulfills the need for a comprehensive, international and critical discussion of Moore’s influential arguments. The 15 contributors to the proposed volume span the whole interdisciplinary field from law and morals to metaphysics, and the authors include distinguished criminal and tort lawyers, as well as prominent theoretical and practical philosophers from four nations. In addition, young researchers take brand-new approaches in the field. The collection is essential reading for anyone interested in legal and moral theory.

The Animals Issue

The Animals Issue
Author: Peter Carruthers
Publisher: Cambridge University Press
Total Pages: 226
Release: 1992-09-24
Genre: Nature
ISBN: 9780521436892

Peter Carruthers explores a variety of moral theories, arguing that animals lack direct moral significance.