Contractualism/Contractarianism collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics.

_ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures (...) such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest (...) on a disputable moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

Several different positions are classified as contractarian. Though there are variations among them, they all include the assumption that practical or action-guiding principles, among which are principles of moral justification and of political legitimacy, somehow have their basis in consent. A contractarian may or may not believe that there are other practical principles that are based on or justified by something besides consent. If he believes there are any others, there will be delicate issues to address as to whether they (...) yield prescriptions incompatible with prescriptions arising from the appropriate kind of consent. Roughly speaking, contractarians could be ordered in terms of the weight that they attach to principles grounded in consent. If we call the appropriate kind of consent contractual, then there are several options available, ranging from the admission of nothing but contract-based principles to the admission of noncontract-based principles that can sometimes conflict with principles based on contract. The pure form of contractarianism which will be our main focus admits only contract-based principles. (shrink)

According to anti‐reductionism in the epistemology of testimony, testimonial entitlement is easy to come by: all you need to do is listen to what you are being told. Say you like anti‐reductionism; one question that you will need to answer is how come testimonial entitlement comes so cheap; after all, people are free to lie.This paper has two aims: first, it looks at the main anti‐reductionist answers to this question and argues that they remain unsatisfactory. Second, it goes on a (...) rescue mission on behalf of anti‐reductionism. I put forth a novel, knowledge‐first anti‐reductionist account, which I dub ‘Testimonial Contractarianism’. According to the view defended here, in virtue of the social contract in play, compliance with the norms governing speech acts is the default position for speakers. Insofar as norm compliance is the default for speakers, I argue, all else equal, entitlement to believe is the default for hearers. (shrink)

_ Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures such (...) as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

Contractarianism is more inclusive than critics (and, indeed, Gauthier) sometimes suggest. Contractarianism can justify equal moral standing for human persons (in some respects) and provide sufficient moral standing for many nonhuman animals to require what we commonly call decent treatment. Moreover, contractarianism may allow that some entities have more moral standing than others do. This does not necessarily license the oppression that liberal egalitarians rightly fear. Instead, it shows that contractarianism may support a nuanced account of (...) moral status. (shrink)

For liberal contractarians, moral and political principles are justified if agreeable to persons as free and equals. But for critics of liberal contractarianism, this justification applies only to those capable of agreement. Understanding why contractarianism suffers from the problem of exclusion helps up understand the distinctive character of contractarianism and the importance of agreement in particular. I suggest contractarianism need not be objectionably exclusive. I first consider why agreement is important in contractarianism, and then introduce (...) the main versions of contemporary contractarianism and their different understandings of agreement. I discuss how agreement results in exclusion in each, and distinguish two kinds of response to the problem of exclusion: differential inclusion and permissive inclusion. Differential inclusion is unsuccessful because it offers those not fully capable of agreement unequal status. Permissive inclusion may either make the circumstances of agreement more open, or characterize the capacities required for inclusion more permissively. I advocate the latter as the most promising response to the problem of exclusion. I outline a more inclusive contractualism based on the capacity to share goals. (shrink)

This book argues that contractarianism is well suited as a political morality and explores the implications of deploying it in this way. It promises to revive contractarianism as a viable political theory, breaking it free from its Rawlsian moorings while taking seriously the long-standing objections to it. It's natural to think that the state owes things to its people: physical security, public health and sanitation services, and a functioning judiciary, for example. But is there a theory--a political morality--that (...) can explain why this is so and who the state's people are? This new contractarianism deploys a reversed state of nature thought experiment as the starting point of political theorizing. From this starting point it develops a political morality: a theory of the common ground of the role moralities attached to the various roles within the state. Contractarianism, so understood, can provide a basis for already popular ideas in political theory--such as political and legal liberalism--and overturn conventional wisdom, for example that the state is obligated to secure justice and that animals should have no legal standing. Contractarianism, Role Obligations, and Political Morality will be of interest to scholars and advanced students working in moral and political philosophy. (shrink)

It is widely accepted, by both friends and foes of animal rights, that contractarianism is the moral theory least likely to justify the assigning of direct moral status to non-human animals. These are not, it is generally supposed, rational agents, and contractarian approaches can grant direct moral status only to such agents. I shall argue that this widely accepted view is false. At least some forms of contractarianism, when properly understood, do, in fact, entail that non-human animals possess (...) direct moral status, independently of their utility for rational agents, and independently of whatever interests rational agents may have in them. The version of contractarianism I shall focus upon is that defended by John Rawls. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare (...) of some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

According to anti-reductionism in the epistemology of testimony, testimonial entitlement is easy to come by: all you need to do is listen to what you are being told. Say you like anti-reductionism; one question that you will need to answer is how come testimonial entitlement comes so cheap; after all, people are free to lie. This paper has two aims: first, it looks at the main anti-reductionist answers to this question and argues that they fail. Second, it goes on a (...) rescue mission on behalf of anti-reductionism. I put forth a novel anti-reductionist account, which I dub ‘Testimonial Contractarianism’. According to the view defended here, in virtue of the social contract in play, compliance with the norms governing speech acts is the default position for speakers. Insofar as norm compliance is the default for speakers, I argue, all else equal, entitlement to believe is the default for hearers. (shrink)

Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as (...) the disabled) lack claims of justice. It appears, then, that the Kantian and Humean themes in Rawls conflict. I present a reading of Rawls that resolves this tension between the Kantian and Humean themes. The first theme, I argue, allows Rawls to maintain that persons as such are owed justice regardless of their ability to engage in social cooperation. The second theme, I argue, allows him to retain Hume's connection between justice and reciprocity, but confines the reciprocity condition to relations among nondependents. I conclude that Rawls's approach permits him to rebut recent criticisms leveled by disability theorists and others who claim that his theory excludes dependents. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically (...) relevant, and has much to offer to contemporary moral philosophy. (shrink)

This article discusses the use of orthodox rational choice theory in the context of moral contractarianism. The article’s goals are threefold. First, the article clarifies the nature of moral contractarianism and corrects a fundamental misconception. Second, it responds to criticism that follows from this misconception. It shows that the criticism either misconstrues the nature of moral contractarianism or does not apply. Third, the article clarifies the limited role that formalization can play in the context of moral (...) class='Hi'>contractarianism. At best, such formalization complements and, at worst, distracts from the true nature of the theory and, more generally, from the central role that the context of choice plays for the justification of moral principles in contractarian moral theory. (shrink)

Contemporary moral contractarianism originates with Hobbes’s moral theory. When considering the structure of Hobbes’s moral theory, however, it is often argued that moral contractarianism does not justify any specific moral demands concerning questions of climate change because currently no global Leviathan in Hobbes’s sense exists that could enforce any such demands in our world. I do not dispute the fact that currently no global Leviathan in Hobbes’s sense exists in our world. Nevertheless, I argue that Hobbesian moral (...) class='Hi'>contractarianism offers an adequate moral framework to guide our considerations concerning questions of climate change. Methodologically, the approach is sufficiently pluralistic to consider ethical and economic considerations as well as political feasibility constraints. Conceptually, I argue that, despite the fact that currently no global Leviathan in Hobbes’s sense exists in our world, a Hobbesian-inspired modus vivendi is sufficient as a starting point to address some of the most pressing issues of climate change in our world. Specifically, I argue that the shift in climate change negotiations from the Kyoto Protocol to the Paris Agreement could be considered to be guided by reasoning that underlies Hobbesian moral contractarianism. (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent (...) has the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (shrink)

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)

The fundamental presupposition of political philosophy is that the legitimate rule of one individual over another requires justification: political power may come out of the barrel of a gun but political authority does not. Classically, the philosopher of politics looked to nature. In the seventeenth century, however, the philosophical tide turns in a decidedly different direction: contractarianism. Political society becomes a consensual construct created through the heuristic vehicle of a hypothetical social contract. Simultaneously, within the confines of contractarianism (...) itself, a remarkable transformation occurs. The theory originates in the hands of Grotius, Hobbes and Pufendorf as a justificatory tool for political absolutism and, paradoxically, reaches its zenith in Locke with a firm commitment to constitutionalism. I explore this transformation in detail, culminating with what I term the “Lockean Synthesis.”. (shrink)

The title of this book Perspectives in Social Contract Theory is appropriate because it is a collection of different approaches to the social contract tradition. This is a rich and long tradition that stretches as far back as Thomas Hobbes, which he developed in a number of his works in political philosophy. The chapters in this book fourteen of them engage with, develop and advance various ideas of this tradition. The fourteen chapters are divided into five parts: PART I: What (...) is Contractualism and Contractarianism?; PART II: Contract, Consent and Equality; PART III: Contractualism of Rawls and Jean-Jacques Rousseau; PART IV: Contractarianism Moral and Dynamic; and PART V: Social Contract Theory and African Tradition. While some of the papers raise and discuss issues in connection with specific aspects of contractarianism and contractualism, namely, Hegel s and Rawls contractualism, the contractarianism of Jean-Jacques Rousseau and David Gauthier, others discuss general issues concerning social contract theory, such as contractarianism as dynamic, the status of consent, equality, and obligations in the social contract tradition. In addition, some papers extend social contract theory to include an African perspective, for example, African social contract in the context of human rights, Ubuntu and social contract theory, social contract and traditional African consensual democracy. (shrink)

Social Contract theorists and animal advocates seem to have agreed to go their separate ways. Contractarians have avoided attempting to address an issue that seems destined to prove embarrassing for the theory given the current political climate. It is largely thought that contractarianism affirms the meager moral standing commonly attributed to most animals. In the face of this consensus, animal advocates who feel the need to philosophically ground the moral status of animals have turned to other potential sources. This (...) is not a hard choice for animal advocates to make: utilitarianism is a respectable moral theory that affords animals moral consideration with relative ease. Nevertheless, we argue that this separation is a mistake. Contractarians can offer an account of the moral status of animals that is at least as compelling as that offered by utilitarianism. Grounding the moral worth of animals in contract theory also produces an importantly different account, one that can ground animal rights, as opposed to mere considerability, which some animal advocates will find more appealing than the utilitarian alternative. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who (...) contends that we have other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

(1983). Contractarianism and intuition (On the role of social contract arguments in theories of social justice) Australasian Journal of Philosophy: Vol. 61, No. 3, pp. 231-247.

David Gauthier's Morals by Agreement is the most complete and suggestive contractarian theory of morality since the work of Rawls. In this anthology a number of prominent moral and political philosophers offer a critical assessment of Gauthier's theory and its three main projects: developing a contractarian foundation for morality, defending a theory of rational choice, and supporting the claim that rationality requires one to keep one's agreements. An introduction sets out Gauthier's project, while Gauthier himself has the last word, responding (...) to the critiques. This collection will interest moral and political philosophers, social theorists, and specialists in the philosophy and theory of law as well as management sciences. (shrink)

(1977). Rawlsian Contractarianism: Liberal Equality or Inequality? Canadian Journal of Philosophy: Vol. 7, Supplementary Volume 3: New Essays on Contract Theory, pp. 71-94.

I want to enquire into the relationship between the normative claims of a society and the normative stances of its members. I shall develop a contractarian perspective, as the only one available to persons who may neither expect nor require their fellows to share their own orientation to values and norms. Although I only touch on these matters here, I hope to contribute to an interpretation of the clauses on the establishment and exercise of religion in the First Amendment to (...) the United States constitution, and to suggest guidelines for determining rights and duties in becoming and being a parent. More generally, I offer answers to certain questions about how social practices and institutions may be justified in a democratic society. (shrink)

A contractarian moral theory states that an action (practice, social structure, etc.) is morally permissible if and only if it (or rules to which if conforms) would be agreed to by the members of society under certain circumstances. What people will agree to depends on what their desires are like. Most contractarian theories - for example those of Rawls (1971) and Gauthier (1986) - specify that parties to the agreement are mutually unconcerned (take no interest in each other's interests). Contractarian (...) theorists, do not, of course, believe that this is true of real people, but they insist (with Kant) that the basic moral constraints on conduct (if there are any) apply independently of whether individuals care about each other. I shall here argue against the appropriateness of the assumption of mutual unconcern for contractarian theories, such as Gauthier's, that are supposed to ground morality solely in rationality. (shrink)

Hume is an avowed critic of contractarianism. He opposes the idea that a legitimate government is based on an ‘original contract’ or on the consent of those who are governed. Most scholars assume, though, that his criticisms apply only to a limited range of contractarian theories, namely to theories according to which actual contractors reach an actual agreement. Theories on which the agreement in question is understood in hypothetical or counterfactual terms, however, are oftentimes seen as being compatible with (...) Hume’s views. Against such interpretations, this paper shows that Hume rejects all contractarian theories, including hypothetical ones. It argues, first, that Hume employs a so far unacknowledged empiricist debunking strategy against contractarianism; if successful, this strategy undermines all variants of contractarianism. Second, it shows that the Humean conception of the state of nature (a topic that has received virtually no scholarly attention) is incompatible with hypothetical contractarianism. Finally, it argues that Hume rejects contractarianism in part because he anticipates a line of criticism which nowadays is often leveled against so-called ideal theory. On Hume’s view, the agreements reached by highly idealized contractors are of little relevance to the non-ideal individuals in the actual world. (shrink)