Can Contractualism Be Saved?

2020 ◽  
pp. 106-128
Author(s):  
Barbara H. Fried
Keyword(s):  
Distinctive Feature ◽  
The Past ◽  
Ex Post ◽  
Ex Ante ◽  
Small Set ◽  
Maximin Rule ◽  
Epistemic Perspective

Over the past fifteen years, a number of scholars sympathetic to Scanlonian contractualism have sought to rescue it from the paradox created by Scanlon’s original ex post version: that the wrongness of an act depends on its consequences. Their proposed solution, “ex ante contractualism,” retains the most distinctive feature of Scanlonian contractualism, the maximin rule embedded in Scanlon’s Greater Burden Principle, but applies it to expected rather than actual outcomes. That change in epistemic perspective eliminates the paradox at the heart of ex post contractualism. But it introduces a number of equally serious problems that limit its application to a small set of stylized cases that have colonized the philosophical laboratory but are rarely encountered outside of it.

Crime and Punishment

2017 ◽  
Author(s):  
Richard Adelstein
Keyword(s):  
Criminal Liability ◽  
Court Case ◽  
Efficient Allocation ◽  
Two Stage ◽  
Crime And Punishment ◽  
The Past ◽  
Ex Post ◽  
Ex Ante ◽  
Supreme Court Case

This chapter elaborates the operation of criminal liability by closely considering efficient crimes and the law’s stance toward them, shows how its commitment to proportional punishment prevents the probability scaling that systemically efficient allocation requires, and discusses the procedures that determine the actual liability prices imposed on offenders. Efficient crimes are effectively encouraged by proportional punishment, and their nature and implications are examined. But proportional punishment precludes probability scaling, and induces far more than the systemically efficient number of crimes. Liability prices that match the specific costs imposed by the offender at bar are sought through a two-stage procedure of legislative determination of punishment ranges ex ante and judicial determination of exact prices ex post, which creates a dilemma: whether to price crimes accurately in the past or deter them accurately in the future. An illustrative Supreme Court case bringing all these themes together is discussed in conclusion.

Popularity and Vote: Forecasting the 2007 French Presidential Election

2010 ◽  
Vol 43 (1) ◽  
pp. 123-136 ◽  
Author(s):  
Antoine Auberger
Keyword(s):  
Presidential Election ◽  
Presidential Elections ◽  
National Level ◽  
Socialist Party ◽  
French Presidential Elections ◽  
The Past ◽  
Ex Post ◽  
Ex Ante ◽  
Left And Right

Abstract. The purpose of this article is to build a model that explains and forecasts the outcome of the second-round vote in the French presidential elections (with the hypothesis of a classic duel between left and right) in each department and at the national level. This model highlights the influence of the popularity of the Socialist party and a partisan variable in the explanation of the second-round vote for the candidate of the left in the French presidential elections. Its forecasts for the elections of the past (1981–1995 and 1981–2007, excluding 2002) are satisfactory and we make ex ante forecasts for the 2007 French presidential election.Résumé. L'objet de cet article est de construire un modèle qui explique et prévoit le résultat du second tour de scrutin aux élections présidentielles françaises (en supposant le duel classique entre la gauche et la droite) dans chaque département et au niveau national. Ce modèle met en lumière l'influence de la popularité du Parti socialiste et d'une variable partisane dans l'explication du vote au second tour pour le candidat de la gauche aux élections présidentielles. Les prévisions ex post pour les élections passées (de 1981 à 1995 et de 1981 à 2007, en excluant 2002) sont satisfaisantes et on établit des prévisions ex ante pour l'élection présidentielle française de 2007.

Can Scanlonian Contractualism Save Us from Aggregation?

2020 ◽  
pp. 58-83
Author(s):  
Barbara H. Fried
Keyword(s):  
Epistemic Uncertainty ◽  
Ex Post ◽  
Ex Ante ◽  
Epistemic Perspective

This chapter considers Scanlonian contractualism as presented in T. M. Scanlon’s What We Owe to Each Other. Scanlonian contractualism requires us to assess whether an action could reasonably have been rejected from an ex post epistemic perspective—that is to say, after the actual consequences of the act are known. For decisions made under epistemic certainty as to outcomes, the ex post perspective presents no difficulty, because it is identical to the ex ante perspective from which we necessarily act. Once epistemic uncertainty is introduced into the ex ante viewpoint, however, ex post contractualism cannot supply action-guiding norms, because by the time we know the consequence of our actions it is too late to act otherwise. Viewing choices under uncertainty from an ex ante perspective, one is led inexorably to some form of aggregation.

Ex-Ante and Ex-Post Performance of Optimal REIT Portfolios

CFA Digest ◽  
2003 ◽  
Vol 33 (3) ◽  
pp. 8-9
Author(s):  
Ann C. Logue
Keyword(s):  
Ex Post ◽  
Ex Ante

Erreurs de prévision ex ante et ex post

1993 ◽  
Vol 108 (2) ◽  
pp. 135-138
Author(s):  
Pierre Malgrange ◽  
Silvia Mira d'Ercole
Keyword(s):  
Ex Post ◽  
Ex Ante

scholarly journals Going Beyond Panaceas: The Diversity of Land Observatory Forms in Africa

Land ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 70 ◽  
Author(s):  
Quentin Grislain ◽  
Jeremy Bourgoin ◽  
Ward Anseeuw ◽  
Perrine Burnod ◽  
Eva Hershaw ◽  
...  
Keyword(s):  
Decision Making ◽  
Participant Observation ◽  
Video Conferencing ◽  
Analytical Framework ◽  
Informed Decision ◽  
Informed Decision Making ◽  
Information Production ◽  
Dynamic Data ◽  
Ex Post ◽  
Ex Ante

In recent decades, mechanisms for observation and information production have proliferated in an attempt to meet the growing needs of stakeholders to access dynamic data for the purposes of informed decision-making. In the land sector, a growing number of land observatories are producing data and ensuring its transparency. We hypothesize that these structures are being developed in response to the need for information and knowledge, a need that is being driven by the scale and diversity of land issues. Based on the results of a study conducted on land observatories in Africa, this paper presents existing and past land observatories on the continent and proposes to assess their diversity through an analysis of core dimensions identified in the literature. The analytical framework was implemented through i) an analysis of existing literature on land observatories, ii) detailed assessments of land observatories based on semi-open interviews conducted via video conferencing, iii) fieldwork and visits to several observatories, and iv) participant observation through direct engagement and work at land observatories. We emphasize that the analytical framework presented here can be used as a tool by land observatories to undertake ex-post self-evaluations that take the observatory’s trajectory into account, or in the case of proposed new land observatories, to undertake ex-ante analyses and design the pathway towards the intended observatory.

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