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23. Ethics / B. Contract Ethics / 9. Contractualism

[morality is being able to give good reasons]

4 ideas
Right actions, once done, are those with a reasonable justification [Sext.Empiricus]
     Full Idea: Right action is whatever, once it has been done, has a reasonable justification.
     From: Sextus Empiricus (Against the Professors (six books) [c.180], 7.158)
     A reaction: Why does he add 'once it has been done'? Wouldn't a proposed action be right if it had a reasonable justification? This grows out of the classical and Stoic emphasis on reason in ethics, and leads towards Scanlon's Contractualism.
Move from individual willing of a general law, to willing norms agreed with other people [Habermas]
     Full Idea: The emphasis shifts from what each can will without contradiction to be a general law, to what all can will in agreement to be a universal norm.
     From: Jürgen Habermas (Moral Consciousness and Communicative Action [1990], p.67), quoted by James Gordon Finlayson - Habermas Ch.5:69
     A reaction: This strikes me as being very close to Scanlon's contractualism. As expressed here, it sounds more vulnerable than Kant's full universality to the problem of Nazis agreeing odious universal norms. Habermas calls it 'discourse ethics'.
Right and wrong concerns what other people cannot reasonably reject [Scanlon]
     Full Idea: Thinking about right and wrong is, at the most basic level, thinking about what could be justified to others on grounds that they, if appropriately motivated, could not reasonably reject.
     From: Thomas M. Scanlon (What We Owe to Each Other [1998], Intro)
     A reaction: The tricky bit is that the acceptance by others must be 'reasonable', so we need a reasonably objective view of rationality. Don't picture your neighbours, picture the locals when you are on holiday in a very different culture. Other Nazis?
A human right is not plausible if public scrutiny might reject it [Sen]
     Full Idea: The force of a claim for a human right would indeed be seriously undermined if it were possible to show that it is unlikely to survive open public scrutiny.
     From: Amartya Sen (The Idea of Justice [2009], 17 'Scrutiny')
     A reaction: This is a public aspect of Scanlon's 'contractualist' approach to ethics. You can hardly disagree with the idea, though anti-racist legislation in a strongly racist society might be a good test case.