This chapter continues in the vein of the preceding ones by using Rawls as a foil in order to lay out some general concepts that presumably will be developed in the second half of the book. Accordingly, many of my concerns end up being somewhat duplicative with those raised in earlier comments: namely, that Sen has failed (so far) to really lay out a plan for thinking through justice in a rigorous fashion and that he has a strangely shallow reading of Rawls.Sen begins the chapter by referencing the arguments in chapter 8 about the possibility for rational reasons to take forms that different from the model of purely egoistic actors. Given that there was no comment on that chapter people might like to take up those questions though I doubt many will find his claims there to be particularly controversial.
The goal of this chapter seems to be the need to reconcile the plurality of impartial reasons (the fact that two people might makes completely opposite choices, without either being irrational) with the need to desire to articulate some standard of objectivity. In situations where multiple decisions may be rational, how may we still make judgments about what course of action is just? In Rawlsian terms, he is interested here in what it would be reasonable to ask of people, not just what they might rationally choose for themselves. This is an important effort, and something that has been sorely missing from the book so far. Unfortunately, I don’t think this chapter really takes us very far down that road.
I am skeptical for two reasons. First, I find the distinction between contractualism and contractarianism to be far less clear than he asserts. To the extent that the two are dissimilar, I don’t see the value added by Scanlon’s approach that can’t be found elsewhere. Second, even if we were to accept that significant differences exist between Rawls and Scanlon they seem to be more a matter of the sphere of emphasis. Scanlon’s approach appears designed to produce judgments about what it would be just to morally ask of someone, while Rawls is more concerned with the question of how to build a politically viable and normatively acceptable basic structure. Clearly, it is difficult if not impossible to fully detach moral and political philosophy but it would also be a mistake to treat them as synonymous.
On the first point, I find Sen’s characterization of the parties who have standing in the original position to be slightly off. To me, this reflects a larger problem with the book, that Sen insists on treating the original position literally rather than accepting Rawls’ insistence that it should be understood only a device of representation. If the original position is understood as a means of thinking through what sorts of exclusions or impositions we ought to be willing to allow, then I find it hard to distinguish this from contractualism. Yes, it retains a commitment to “advantage-based reasoning” but it does so by insisting that justification must operate under the burden of ignorance about particular position. To lump this in with other theories guided by a sense of rational advantage doesn’t seem all that helpful. It is accurate, but not particularly illuminating.
At this point, I will admit to knowing very little about Scanlon’s work, so my statements here are based on Sen’s reading. I’d welcome comments from those who are more familiar with contractualism, who might be able to elaborate on distinctions that are not clear to me in Sen’s text. That said, Sen’s efforts to distinguish Scanlon’s approach promise more than they deliver. To the extent that he does establish are differences, I find it difficult to see how they generate much purchase.
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