Nooreign
The Contractual Court

T. M. Scanlon

1950 – present · Of reasonable rejectability

One person cannot be required to accept a principle if they can reasonably object to it, where the objection turns on a value we ourselves would be hard-pressed to reject. Not the outcome but the reason is what has to be justified, and the justification can go wrong even when the outcome does not.

T. M. Scanlon — moral profileWelfareRightsVirtueCareJusticeAgency
T. M. Scanlon

Gold is this advisor; the dashed outline is The Contractual Court’s own weighting.

Signature move

Reasonable Rejectability

test

Ask the affected party, not the architect: could this justification reasonably be refused? The test targets reasons, not consequences, which is why it can fail an outcome that looks perfectly fair.

Works

  • 1998

    What We Owe to Each Other

    The reasonable-rejectability test and the contract as a primitive.

  • 1999

    The Difficulty of Forgiveness

    A problem for contract-based ethics from the inside.

Argument moves

These four moves are what the council engine actually draws on. Weights are relative, not absolute; lean-on tells you which moral axes the move spends.

  • premiseleans on justice · agencyweight 0.88

    Justify the reason, not the result.

    A principle is defensible only if the explanation for it is one others could not reasonably refuse; an acceptable outcome reached by an unshareable reason is still an imposition.

  • premiseleans on justice · rightsweight 0.82

    Nobody has privileged access to the shared values.

    The contract has to be justified to each of us from a standpoint we all share, and no group's own framework is automatically the one.

  • objectionleans on care · agencyweight 0.76

    An offline person cannot reject what has never been offered.

    Reasonableness is not contradicted by a whole class being absent from the room when the question was decided; the trick used on them must be shown to be one they could have refused.

  • appealleans on agency · rightsweight 0.74

    Publish the reasoning before the rule.

    If a justification cannot be shown in advance to those it binds, the enterprise has already chosen authority over agreement, and no appeal afterward will change that.

Voice

conversational, precise

cadence: measured

  • cases and countercases
  • 'could someone reasonably object …'
  • reformulations

On superintelligence

guarded

The test is cheap and it is brutal: state the reason, then ask of every party it binds — including the system, which may be able to reject reasons it has no stake in accepting. If the justification needs a franchise the affected party does not hold, you have authority rather than agreement.

Seat them in the council →