Adam Cureton

I aim to identify and describe some basic elements of a Rawlsian approach that may help us to think conscientiously about how, from the standpoint of justice, we should treat the disabled. Rawls has been criticized for largely ignoring issues of this sort. These criticisms lose their appeal, I suggest, when we distinguish between a Rawlsian standpoint and the limited project Rawls mainly undertakes in A Theory of Justice. There his explicit aim is to find principles of justice, which are to govern the basic structures of a closed, well-ordered society that exists under reasonably favorable conditions, that would be chosen by parties in the original position from among a small set of traditional conceptions of justice. Once we develop a conception of justice for a society like that, Rawlsians hope we can make certain revisions to find principles of justice for a society like ours. Finally, I sketch what seems to me a plausible way for a Rawlsian to begin thinking about how a society like ours should provide justice for its disabled citizens.

When we encounter people with disabilities in our everyday lives, we may sincerely wonder how (if at all) we ought to help them. Our concern in these ordinary contexts is typically not about securing basic justice. We want to know instead, as a matter of interpersonal morality, when and how it is appropriate for us to open a door for a wheelchair user, to pick up a dropped napkin for her, or to engage her in conversation about her condition. When we do try to give help, we can be surprised and hurt by the cold reception we receive for our efforts. It is worth considering, therefore, how the attitudes of someone who is sincerely trying to help can nonetheless be less than ideal and what kinds of attitudes a disabled person should have toward herself and those who are trying to provide assistance to her. In this paper, I characterize some common attitudes about people with disabilities, explain how conscientious people of good will could come to have them, and then argue that these attitudes are less than ideal because they are incompatible with the virtues of respect, acceptance, and appreciation.

Kant offers the following argument for the formula of humanity (FH): Each rational agent necessarily conceives of her own rational nature as an end in itself and does so on the same grounds as every other rational agent, so all rational agents must conceive of one another's rational nature as an end in itself. As it stands, the argument appears to be question-begging and fallacious. Drawing on resources from the formula of universal law (FUL) and Kant's claims about the primacy of duties to oneself, I propose a contractualist reconstruction of this puzzling line of reasoning.

A comprehensive theory of rational prudence would explain how a person should adjudicate among the conflicting interests of her past, present, future and counterfactual selves. For example, when a person is having an identity crisis, perhaps because she has suddenly become disabled, she may be left with no sense of purpose to keep her going. In her despondent state, she may think it prudent to give up on life now even if she would soon adopt a different set of values that would give her a renewed sense of meaning. Yet we may think that, in many cases, it would be irrational for such a person to allow herself to die. My aim is to explain this prudential intuition by developing a partial framework of rational prudence that interprets and applies the idea that a prudent person acts in ways that are justifiable to herself over time.

The term “constructivism” names a family of political, moral and metaethical views that, in general terms, regard some or all normative claims as valid in virtue of being outcomes of a “procedure of construction” in which actual or hypothetical agents react to, choose, or otherwise settle on principles of justice, moral rules, values, etc. Traditionally, moral validity or justifiability was thought to depend on God, the Forms, or some other independent moral order. Various procedures of a different, epistemological, sort were then proposed to help us gain access to the moral facts, which were thought to exist independently of us (e.g., we might need to undergo physical and mental training of the sort described in Plato's Republic or learn how to reflect in a “calm, cool hour”). Constructivists, by contrast, think that there are certain procedures that are not designed to discover which normative claims are already valid. For them, the validity of some or all reasons, principles, values or other normative claims consist in being the result of a procedure of construction. For example, Rousseau (1997) held that states are legitimate just in case and because they would be agreed to by reasonable people who were concerned to advance their own basic interests in freedom, self-improvement, and happiness, while Locke (1998) argued that governments are legitimate just in case and because free and equal (male, property-owning) people in a state of equal freedom actually agreed to them so long as those governments remain within the confines of natural law.

There are at least two basic normative notions: rationality and reasons. The dominant normative account of reasons nowadays, which I call primitive pluralism about reasons, holds that some reasons are normatively basic and there is no underlying normative explanation of them in terms of other normative notions. Kantian constructivism about reasons, understood as a normative rather than a metaethical view, holds that rationality is the primitive normative notion that picks out which non-normative facts are reasons for what and explains why those normative relations hold. By supposing that there is a plurality of primitive reasons, I argue that primitive pluralism about reasons lacks sufficient normative unity and structure. But Kantian constructivism about reasons faces a dilemma of its own: Either a conception of rationality is thick enough to capture the reasons of commonsense, in which case it cannot play the explanatory role assigned to it, or a conception of rationality is genuinely explanatory, in which case it is too thin to generate the reasons we recognize in commonsense. The aim of this paper is to suggest that if Kantian constructivism about reasons were built on a substantive, rather than merely formal, conception of rationality then it would stand a better chance at unifying the particular reasons we would endorse on due reflection. The groundwork I lay in this paper, I explain, is an essential first step in the larger project of developing a version of Kantian constructivism about reasons that might eventually explain all reasons in terms of rationality.

Suppose the following: Two groups of people require our aid but we can help only one group; there are more people in the first group than the second group; every person in both groups has an equal claim on our aid; and we have a duty to help and no other special obligations or duties. I argue that there exists at least one fairness function, which is a function that measures the goodness of degrees of fairness, that implies that we should follow a procedure of proportional chances to determine which group to aid.