Text of Scanlon’S Contractualism – What It Is and Why It Faces the Aggregation Problem
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The Aggregation Problem for Scanlonian Contractualism An Exploration of the Relevance View, Mixed Solutions, and Why Scanlonian Contractualists could be, and perhaps should be, Restricted Prioritarians Abstract In this thesis, I discuss the aggregation problem for T. M. Scanlon’s (1998) “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the (for Scanlon at least) counterintuitive results in certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and (practical) feasibility, I would urge Scanlonian contractualists to choose feasibility. Keywords Aggregation • Contractualism • Scanlon Aart van Gils PhD (Philosophy) September 2019 Table of Contents DECLARATION 5 ACKNOWLEDGEMENTS 6 SCANLONIAN CONTRACTUALISM: WHAT IT IS AND WHY IT’S ALL ABOUT AGGREGATION 9 INTRODUCTION 10 §1. SCANLON’S CONTRACTUALISM: ITS KIND AND ITS DISTINCTIVE FEATURES 12 §2. ACT-CONTRACTUALISM VS. RULE-CONTRACTUALISM 26 CONCLUSION 31 THE NUMBER PROBLEM AND THE AGGREGATION PROBLEM FOR SCANLONIAN CONTRACTUALISM 33 INTRODUCTION 34 §1. THE NUMBER PROBLEM 41 §2. THE AGGREGATION PROBLEM 46 §3. WHY A SOLUTION TO THE AGGREGATION PROBLEM HAS PRIORITY 50 §4. AGGREGATE RELEVANT CLAIMS 53 CONCLUSION 57 SEQUENTIAL CLAIMS-MATCHING: A (MORE) PRECISE VERSION OF THE (LOCAL) RELEVANCE VIEW 59 INTRODUCTION 60 §1. VOORHOEVE’S PPP – NON-ARBITRARILY ESTABLISHING RELEVANCE 60 §2. (MORAL) DEMANDINGNESS AND JUSTIFYING PPP FOR SCANLON’S CONTRACTUALISM 61 §2.1. Scanlonian Contractualism and (Moral) Demandingness 62 §2.2. Justifying PPP within Scanlonian Contractualism 65 §3. SCHÖNHERR’S OBJECTION: PPP IS QUESTION-BEGGING 72 §4. PRIVITERA’S OBJECTION: PPP IS IMPLAUSIBLE IN THREE(+)-GROUPS-CASES 74 §5. TOMLIN’S OBJECTION: AMBIGUOUSLY ‘ANCHORING’ CLAIMS 75 §6. SEQUENTIAL CLAIMS-MATCHING 77 §6.1. Ambiguity 1: How Should We Match Claims in Sequential Claims-Matching? 81 §6.2. Ambiguity 2: Partial Leftovers 84 §7. STRONGEST DECIDES: AN ALTERNATIVE VERSION OF LOCAL RELEVANCE 86 CONCLUSION 88 2 A (NON-) FATAL DILEMMA FOR RELEVANCE AND A PRIORITARIAN ‘ESCAPE’ 90 INTRODUCTION 91 §1. HORTON’S ‘FATAL’ DILEMMA FOR PARTIALLY AGGREGATIVE VIEWS 92 §2. DISTINGUISHING PRIORITARIANISM, LUCK EGALITARIANISM, AND RELATIONAL EGALITARIANISM 100 §2.1. Luck Egalitarianism vs. Prioritarianism 103 §2.2. Relational Egalitarianism 106 §2.3. Restricted Prioritarianism vs. The (Modified) Competing Claims View 108 §2.4. The Pressure of Practical Application as a reason to favour Restricted Prioritarianism? 113 CONCLUSION 115 A MIXED BAG OF MIXED SOLUTIONS 117 INTRODUCTION 118 §1. MIXED FEELINGS ABOUT MIXED SOLUTIONS 120 §1.1. Hirose’s “Formal Aggregation” and the Large-Scale Rescue Case 121 §1.2. Peterson’s Criticism of Hirose: Why Unfairness does not Interpersonally Aggregate 124 §1.3. Peterson’s Mixed Solution: A Plausible but Undesirable Option 126 §1.4. Gertken’s ‘Aggregative’ Mixed Solution 133 §2. MY MIXED SOLUTION 139 §2.1. Case 1: Equal Claims – 1 vs. 5 (e.g. Life Boat) 142 §2.2. Case 2: Equal Claims – 1,000 vs. 1,001 (Kamm’s Large-Scale Rescue Case) 144 §2.3. Case 3: Equal Claims – 1,000 vs. 2,000 (Peterson’s Counterexample to Hirose) 146 §2.4. Case 4: Unequal Claims – One (Stronger) vs. Many (Weaker) 148 §2.5. Case 5: Unequal Claims – Many (Stronger) vs. One (Weaker) 155 §2.6. Summary 157 CONCLUSION 159 MEASURING UNFAIRNESS 163 INTRODUCTION 164 §1. PILLER VERSUS BROOME ON FAIRNESS 166 §2. MEASURING OUTCOME UNFAIRNESS 171 §3. FOUR WAYS OF MEASURING PROCEDURAL UNFAIRNESS 174 §3.1. The Subtraction Measure 175 §3.2. The Subtraction and Unfair Addition Measure 176 3 §3.3. The Proportional Loss to the Weaker Claimant Measure 179 §3.4. The Comparative Measure 182 §4. IN SUMMARY 183 CONCLUSION 184 BIBLIOGRAPHY 185 4 Declaration I confirm that this is my own work and the use of all material from other sources has been properly and fully acknowledged. §5-7 of my third chapter, “Sequential Claims-Matching: A (More) Precise Version of the (Local) Relevance View”, are part of a larger 50-50 co-authored article with Patrick Tomlin (forthcoming) “Relevance Rides Again? Aggregation and Local Relevance” in Volume 6 of Oxford Studies in Political Philosophy. Aart van Gils 5 Acknowledgements Many people have most kindly helped me in realising my goal of writing a PhD thesis. I am grateful to all. Several people deserve a special mention. First, my father, Paul, my mother, Ellen, and my brother, Jan. Without their unconditional love and support, I would never have been able to study at university, let alone write a PhD thesis. They have instilled in me the love for philosophy before I had been acquainted with it as a subject. Furthermore, they have inspired me to go all in for what has become my passion: studying philosophy. And studying philosophy has given me the highest level of fulfilment I have found in life so far. For these and countless other invaluable life lessons I am eternally grateful to them. Second, I am indebted to my supervisors, Brad Hooker and Patrick Tomlin, for their infinite patience, support, and countless constructive suggestions for helping me to continuously improve what has become the final draft of this thesis. Without their help, I could not have done this. Furthermore, I am grateful for all the valuable ways in which they have taught and shown me in leading by example how to be better at philosophy, to be at least as invested in the success of another’s projects as one’s own, and for having cemented my belief that academic philosophy should be about finding out the truth together (where we can) rather than having the final say. Truly, I could not have asked for more wonderful supervisors. Third, a special thanks to my great philosophy friends Jamie Draper, Alex McLaughlin, and Josh Wells for all our discussions and their kind support during our time together of writing our theses at Reading. Fourth, my thanks to all members of the University of Reading philosophy department. The impact of one’s working environment on one’s work is beyond any reasonable doubt. The philosophy department at Reading truly shines in terms of having a wonderfully collegial atmosphere. The weekly Graduate Research Seminars in which each of us philosophy PhD 6 students would take turns in presenting work in progress, be the ‘official’ or appointed respondent for that week’s presentation, or contribute to the general discussion have been essential in helping me to become a better student of philosophy in so many ways. Furthermore, I have learned so much on such a variety of topics of which I would have otherwise known next to nothing. Fifth, I firmly believe that in any aspect of one’s (professional) life, to have the right role models makes a watershed difference to one’s (career) outlook and fortune. Obviously, my supervisors have both been my two most important role models during my time as a PhD student and they will remain so for the rest of my time that I am fortunate enough to do academic philosophy. However, another one of their supervisees, Julia Mosquera, who started her third year as a PhD student when I started my PhD, has also played an invaluable role in this regard. Julia’s professionalism, ambition, and overall approach to her (philosophical) career served as the perfect model for me to aspire to. I am most grateful to her for being an inspiration to me and for having given me many invaluable pieces of advice regarding writing, conferencing, networking, and all that comes with making the most of one’s time as a PhD student. Relatedly, I would have never been ready as a philosophy student to take on the challenge of writing a PhD thesis without the guidance and support from the following four people, each of whom I hold in the highest regard. Alan Thomas, who introduced me to both analytical (political) philosophy and American Football, supervised my BA thesis at Tilburg University, and encouraged me to always work on my (philosophical) weaknesses and never use italics for emphasis. Bart Streumer, who supervised my MA thesis at the University of Groningen, kindly pushed me to be evermore precise in my arguments, and who encouraged me to apply to Reading to work with Brad. Kent Hurtig, who during my time as a visiting student on the MLitt programme at St Andrews/Stirling would use deontic logic to illustrate whether I was right or (more commonly) wrong in my argument about either philosophy or football. And, last but certainly not least, Jonathan Dancy. In my first year as a PhD student, I was fortunate enough to catch Jonathan’s ‘farewell tour’ as a member of staff at Reading, as part of which he organised a reading groups/seminar series on (the then still draft version of) his (2018) Practical Shape and an aptly labelled ‘masterclass’ on three articles that had influenced him most and he thought were must- reads for anyone studying philosophy.1 Although I love his writing, it is specifically Jonathan’s ability to get to the heart of the matter as a participant to any philosophy discussion – to 1 For those curious, these three articles are Christine M.