Aaron Salomon

Directed duties are those duties whose violation would wrong someone in particular. Under what conditions, and in virtue of what, is a duty directed to someone? This is the Question of Direction. In this article, I explore the possibility of providing a Contractualist answer to the Question of Direction—one where the directedness of a directed duty is explained by the way in which that duty is derived in Contractualist moral reasoning. After presenting and rejecting three attempts at such an answer, I arrive at a satisfactory one: An agent has a duty to an individual to perform some action just in case and because, were the agent not to perform that action, the agent would make the individual occupy the standpoint relative to which any principle that permits the agent not to perform that action is unacceptable.

Conventionalism about property is the view that all moral duties correlative to property rights depend essentially either on the existence of a convention that assigns conventional ownership of objects, or on the existence of a body of positive law that confers legal property rights. It has been objected that, if Conventionalism about property is true, then it is impossible for someone to have her property right violated by someone who is not a member of the community in which her conventional property right is assigned. But it is possible. When Christopher Columbus sailed up to the island of Hispaniola in 1492, he and his sailors wronged the inhabitants by forcing them off their land. So, Conventionalism is false. This is the Outsider Challenge for Conventionalism. The Outsider Challenge (and its first premise, in particular) receives support from the Benefit Condition, according to which one can be morally obligated to comply with a conventional rule only if one benefits or has one’s interests protected by the convention of which it is a part. Despite its provenance and plausibility, however, I think that the Benefit Condition should be rejected. Doing so in a principled way allows us to square Conventionalism with our moral intuitions and, thus, address the Outsider Challenge. My main aim in this essay is to reject the Benefit Condition in one such principled way by providing a Contractualist answer to the question of when, and why, someone is morally required to respect another’s conventional property right. One is morally required to respect the conventional property rights of another when and because failing to do so would run afoul of the Principle of Established Practices (pep) – a principle for which I give a Contractualist justification. Roughly, the pep requires us to comply with sufficiently just social practices in the absence of special justification, and the fact that one’s interests are not protected by a property convention is not always a sufficiently strong reason for one to violate the duties assigned by that convention. Since the fact that one’s interests are not protected by a property convention is not necessarily a special justification for violating the pep, the pep gives us reason to reject the Benefit Condition and, thus, the Outsider Challenge, too.

I argue that, in order to address the ideal world problem while remaining faithful to our concept of morality, Contractualists should no longer determine which actions I must perform by seeing whether they accord with certain principles for the general regulation of behavior. Instead, I argue, Contractualists should determine whether it is right or wrong for me to perform an action by evaluating any maxim that might be reflected by my action. I call the resulting view “Maxim Contractualism.” It states that an agent’s action is morally required just in case any maxim that he might adopt that involves not performing that action is one that someone could reasonably reject. Finally, I argue that, although Act Contractualism also provides us with the materials to solve the Ideal World Problem, it is a worse solution because it cannot account for the fact that, sometimes, what would happen if I performed an action over time is relevant to whether I am permitted to perform that action right here, right now.