... choose; everyone could rationally choose a rule placing the burden of risk for mistake with payees, if that rule does not make any such payee worse off than she was prior to the impugned transaction. unjust enrichment restitution private law legal theory contractualism For three decades, much...

... of Kantian contractualism, (KC) Everyone ought to follow the rules whose universal acceptance everyone could rationally will. ¹ RC and KC are widely agreed to be problematic thanks to their appealing to a fixed, universal, 100% acceptance rate. ² I argue that given the inclusion...

...Glen Melanson For those liberals who regard natural, or otherwise arbitrary, differences in individual circumstances to be a matter for political justice, contemporary contractualism remains the resource of choice for selecting basic social institutions. Since arbitrary individual circumstances...

... to: solidarity; equality and equity; intrusiveness; attributability and opportunity of choice; evidence, rationale, and feasibility; affected third parties; and coherence. It is contended that a focus on tests, in particular from within contractualism, is the most appropriate way of addressing the question...

... of contractualism, the requirements of which derive to a large extent from institu- tionally or conventionally established rights, is sketched here as an attractive alternative. It does not lead, so far as I can see, to DDE. Key Words: authority, contractualism, rights According to Boyle...

... Domination theories of scope Justice as minimizing domination defined Sampras Pete Criteria for a successful theory of domination generality Rawls John Reflective equilibrium Sen Amartya Universality vs generality Barry Brian Kant Immanuel Liberal contractualism Locke John Nagel Thomas Rousseau...

... have suggested that implicit in the deliberative conception of rationality is a certain account of deliberative contractualism's normativity, relational formalism. According to relational formalism, deliberative contractualist agreements give us reasons that normatively express what it is to stand...

...This chapter addresses the issue of whether deliberative contractualism has what it takes to satisfy the moral accuracy criterion. First, it considers whether deliberative contractualism is adequately faithful to core aspects of morality's intensional character, in particular to morality's...

...Contractualism has a venerable history and considerable appeal. Yet as an account of the foundations or ultimate grounds of morality it has been thought by many philosophers to be subject to fatal objections. This book argues otherwise. It begins by detailing and diagnosing the shortcomings...

... defend the Doctrine of Doing and Allowing. This chapter argues that both Scanlonian contractualism and Brad Hooker’s rule-consequentialism can use the defence of the doctrine of doing and allowing. In doing so, this chapter provides a general defence of the body ownership claim: the claim that morality...

... to reciprocal moral accountability and mutual justification, notions that are central to the moral theory of contractualism, my position on the proper characterization of risk in a moral context might be called epistemic contractualism. ¹² The reference class problem is, again, essentially a problem...

... that the morality includes the principles of impartial beneficence, prerogatives and restrictions. This book also discusses the issues of consequentialism and contractualism and the existence of both agent-neutral and agent-relative value. impartial beneficence Kagan Shelly prerogatives restrictions Scheffler...

...This chapter discusses the misgivings about the concepts of consequentialism and contractualism. It shows that neither consequentialism nor contractualism can succeed in accommodating the three elements of morality described previously: impartial beneficence, prerogatives and restrictions. Though...

...This book presents an original moral theory which charts a course between the extremes of consequentialism and contractualism. It puts forward a radically new case for the existence of both agent-neutral and agent-relative values, and gives an innovative answer to the question how such disparate...

..., more reasonable, and more consistent with the broad moral and legal framework of the ethics of risk imposition than the alternatives. Consequentialism Contractualism Kant Immanuel Rawls John Virtue Ethics Autonomy Equality Motivation Procreative Conflict of Interests Future People Harm Risk...

...T. M. Scanlon’s contractualism attempts to give an account of right and wrong in terms of the moral code that could not be reasonably rejected. Reasonable rejectability is then a function of what kind of consequences the general adoption of different moral codes has for different individuals...

... of recent developments in this field. This seventh volume brings together thirteen new essays that collectively cover a range of fundamental topics in the field, including: instrumental reasoning; lying as infidelity; moral uncertaintism; subjective obligation; commendatory reasons; contractualism...

...Various theorists have characterized the relation of marketplace to personal life in different ways. Tocqueville focused on materialism. Robert Bellah and coauthors on the imposition of a contractual model onto intimate relations. In this essay, Sarah Garrett and Arlie Hochschild focus on a new...

... and the moral imperatives of Kantians risk ignoring. These three moral philosophies offer indispensable insights into ethics while there remain genuine incommensurabilities between them. It is necessary to apply consequentialism, contractualism and virtuism to reflect on applied ethics, but the latter also...

... contractualism can justify Rawls’s two principles of justice for the global domain and thus it is likely to generate substantial global redistributive obligations. Second, the chapter demonstrates that humans’ common ownership of the earth can give rise to redistributive requirements both globally...