This book examines the most significant metaphors of modern political philosophy: the state of nature and the social contract. Each of the main chapters is dedicated to the political theory of the different social contract thinkers and the ways they articulated the uniquely liberal view of equality and freedom. The last chapter, unique to most books that explore the social contract, highlights the recent challenges to these views. It is this balance between accepted contractarian ideas and their critiques that (...) makes it a unique contribution to the field of political philosophy. (shrink)

Jack Kerouac's On the Road occupies an unusual status in American letters. It is an American classic but also a contested text. An early reviewer's assessment of On the Road as an American masterpiece has been consistently reiterated, but so have initial dismissals that the work is an incoherent, naïve, and narcissistic travel narrative. This ambivalence is heightened by Kerouac's own idiosyncratic political and social views. These confl icting assessments can be reconciled, however, if On the Road is evaluated as (...) a work of political thought, especially as an iteration of the social contract tradition exploring relationships in a "state of nature.". (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Fragile states and developing countries increasingly contract out health services to non-state providers (NSPs) (such as non-governmental organisations, voluntary sector and private sector). The paper identifies ethical issues when contracts involve devolution of health services to NSPs and proposes procedures to prevent or resolve these ethical dilemmas. Ethical issues were identified by examining processes of contracting out. Health needs could be used to select areas to be contracted out and to identify service needs. Health needs comprise “disease-burden-related needs”, “health-service (...) needs”, and “urgency of health-service needs”. The mix of services should include an analysis of cost-effectiveness. NSPs should be selected fairly, without bias, and conflicts of interest during their work must be avoided. The population’s views must be respected and accountability structures established. Devolved health services should ensure equity of access to healthcare. The services ought to be sustainable and evaluated objectively. Of these issues, conflicts of interest among NSPs and sustainability of health services have not attracted attention in the literature on ethics of health policy. Fair procedures could address these ethical issues—for example, public consultation on issues; decisions based on the public consultation and made on evidence; principles of decisions stated and reasonable; decisions given adequate publicity; a mechanism established to challenge decisions; assurance that mechanisms meet the above conditions; and regular review of the policies. These procedures are complemented by improving self-governance of NSPs, countries’ development of guidelines for devolving health services, and measures to educate the public of the client countries on these issues. (shrink)

We present a theory that copes with the dynamics of inconsistent information. A method is set forth to represent possibly inconsistent information by a finite state. Next, finite operations for expansion and contraction of finite states are given. No extra-logical element — a choice function or an ordering over (sets of) sentences — is presupposed in the definition of contraction. Moreover, expansion and contraction are each other's duals. AGM-style characterizations of these operations follow.

RESUMEN: El presente trabajo examina Anarquía, Estado y utopía de Robert Nozick a la luz de los mitos y ficciones sobre los cuales se construye. En este sentido, se sostendrá que es posible identificar dos mitos principales: el estado de naturaleza lockeano, cuyo principio se deja resumir en la máxima volenti non fit iniuria; y la meta-utopía libertaria, que se deja explicar como una aplicación de la teoría evolutiva de Hayek y de la epistemología de Popper a la construcción de (...) una utopía. Se sostendrá además que existe una continuidad entre ambos mitos y que dicha continuidad viene dada por una intuición moral que Nozick formula al principio de la obra y que sirve también de inspiración al mito libertario: que la vida solo puede tener sentido cuando se deja a cada persona vivir la suya del modo en que estime conveniente. Dicha intuición, se concluirá, se traduce en el campo de la política y del derecho en el principio de que cada persona es dueña de sí misma y que, por consiguiente, esta forma particular de propiedad constituye el secreto hilo conductor de toda la obra. ABSTRACT: This paper examines Robert Nozick's Anarchy, State, and Utopia in the light of the myths and fictions upon which it is built. I hold that it is possible to identify two main myths: the Lockean state of nature, whose principle can be summarized by the maxim volenti non fit injuria, and the libertarian meta-utopia, that can be explained as an application of Hayek evolutive theory and of Popper's epistemology in order to construct an utopia. I also claim that there is a continuity between both myths, and that this continuity is granted by a moral intuition that Nozick presents at the beginning of this work, and that also inspires the libertarian myth: that life can only have sense when each person is allowed to live her own in the way she deems convenient. I will conclude that this intuition finds an expression, in the field of politics and law, in the principle that each person owns herself and, hence, that this peculiar form of ownership is the secret thread of the whole book. (shrink)

As states grapple with the forces of liberalization and globalization, they are increasingly pulling back on earlier levels of welfare provision and rhetoric. This article examines how the eclipsing role of the state in labor protection has affected state–labor relations. In particular, it analyzes collective action strategies among India’s growing mass of informally employed workers, who do not receive secure wages or benefits from either the state or their employer. In response to the recent changes in (...) class='Hi'>state policies, I find that informal workers have had to alter their organizing strategies in ways that are reshaping the social contract between state and labor. Rather than demanding employers for workers’ benefits, they are making direct demands on the state for welfare benefits. To attain state attention, informal workers are using the rhetoric of citizenship rights to offer their unregulated labor and political support in return for state recognition of their work. Such recognition bestows informal workers with a degree of social legitimacy, thereby dignifying their discontent and bolstering their status as claim makers in their society. These findings offer a reformulated model of state–labor relations that focuses attention on the qualitative, rather than quantitative, nature of the nexus; encompasses a dynamic and inter-dependent conceptualization of state and labor; and accommodates the creative and diverse strategies of industrial relations being forged in the contemporary era. (shrink)

Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract theory that focuses on (...) diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

: This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

This article draws on ethnographic research with a nonprofit foster family agency to examine how payment affects caregivers’motivations and performance, as well as how state bureaucratic organization and professional supervision affect their carework. Findings suggest that contrary to conventional thought, economic interests and altruistic motives coexist for foster mothers. Although monetary compensation is a concern for these mostly working-class women, impetus for caring also stems from traditional gendered ideals of mothering, nurturing, and staying at home with their biological children. (...) However, state regulations and rules intervene in foster mothers’parenting and private lives and undermine their intrinsic motivations and rewards. The conclusion reflects on what this case reveals about the challenges of paid carework, especially under conditions of government supervision and regulation. (shrink)

The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – (...) French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation). (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...) women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

Isaac Levi's new book develops further his pioneering work in formal epistemology, focusing on the problem of belief contraction, or how rationally to relinquish old beliefs. Levi offers the most penetrating analysis to date of this key question in epistemology, offering a completely new solution and explaining its relation to his earlier proposals. He mounts an argument in favor of the thesis that contracting a state of belief by giving up specific beliefs is to be evaluated in terms (...) of the value of the information lost by doing so. The rationale aims to be thoroughly decision theoretic. Levi spells out his goals and shows that certain types of recommendations are obtained if one seeks to promote these goals. He compares his approach to his earlier account of inductive expansion. The recommendations are for "mild contractions." These are formally the same as the "severe withdrawals" considered by Pagnucco and Rott. The rationale, however, is different. A critical part of the book concerns the elaboration of these differences. The results are relevant to accounts of the conditions under which it is legitimate to cease believing and to accounts of conditionals. Mild Contraction will be of great interest to all specialists in belief revision theory and to many students of formal epistemology, philosophy of science, and pragmatism. (shrink)

Cet article examine le(s) lien(s) entre le racisme antinoir et l’antisémitisme en se référant à quatre traditions distinctes : les psychanalyses de Fanon et de Freud, l’École de Francfort, les travaux de Cedric Robinson et la tradition du contrat social dans la philosophie politique des débuts de l’époque moderne. Sa thèse principale est que le racisme antinoir et l’antisémitisme sont intimement liés par la logique et le fonctionnement – la phénoménologie – de l’État dans la tradition occidentale du contrat social. (...) En montrant comment cela se fait, nous pouvons répondre à des questions qui, sinon, restent en suspens dans les autres traditions mentionnées ci-dessus. En résumé, cet article montre comment le racisme antinoir émerge avec force de la logique de l’État dans la tradition du contrat social, tandis que l’antisémitisme se développe comme une négation déformée de cette logique. (shrink)

Modern belief revision theory is based to a large extent on partial meet contraction that was introduced in the seminal article by Carlos Alchourrón, Peter Gärdenfors, and David Makinson that appeared in 1985. In the same year, Alchourrón and Makinson published a significantly different approach to the same problem, called safe contraction. Since then, safe contraction has received much less attention than partial meet contraction. The present paper summarizes the current state of knowledge on safe (...) contraction, provides some new results and offers a list of unsolved problems that are in need of investigation. (shrink)

The thesis of this book is that people enter into social contracts because they are different from one another and have incentives to cooperate. In economic life, people have identical interests—namely, their own se- interests—so they have an incentive to compete. The social worlds that we create, or map, and those that are already mapped for us are increasingly complex, and thus the tracking of rationality is not so straightforward, although it is everywhere evident. In a sense, this book grew (...) out of two questions: Why hasn't the United States had a second revolution? Or is the revolution yet to come? Many have discussed the current crises that confront contemporary society, such as great economic inequalities, poverty, the declining quality of jobs, the growing power of corporate elites, and racial antago nisms. I attempt to understand these problems in terms of the radical restructuring of social life by economic and spatial forces. My specula tive thesis is that social organizations must reinforce social contracts and nurture the opportunities for them to be forged. However, contemporary organizations, particularly economic ones, have internalized the princi ples of economic markets, thereby inducing competition and easing out cooperation. In defining social contracts, I draw from Rousseau and also from Marx and his analysis of use value. One hopes that new organiza tional forms based on principles of democracy and community will evolve. In a diverse, multicultural society, this requires great mutual understanding and cooperation and the recognition of differences. (shrink)

This book offers a social contract argument for a theory of international recognition—a normative theory of the criteria that states and international bodies should use to recognize political entities as member states of the international community.

We show that the fundamental legal structure of a well-written financial contract follows a state-transition logic that can be formalized mathematically as a finite-state machine (specifically, a deterministic finite automaton or DFA). The automaton defines the states that a financial relationship can be in, such as “default,” “delinquency,” “performing,” etc., and it defines an “alphabet” of events that can trigger state transitions, such as “payment arrives,” “due date passes,” etc. The core of a contract describes the rules (...) by which different sequences of events trigger particular sequences of state transitions in the relationship between the counterparties. By conceptualizing and representing the legal structure of a contract in this way, we expose it to a range of powerful tools and results from the theory of computation. These allow, for example, automated reasoning to determine whether a contract is internally coherent and whether it is complete relative to a particular event alphabet. We illustrate the process by representing a simple loan agreement as an automaton. (shrink)

States of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both (...) against and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats. (shrink)

This chapter contains sections titled: Introduction The Challenge to the Distinctiveness and the Coherence of Contract Four Autonomy‐Based Theories Three Teleological Theories Concluding Remarks References.

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept (...) or reject genetically modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

Introduction Compulsory care is controversial, since respect for the patient’s autonomy is a standard requirement in health care. Many psychiatrists have experienced that patients with borderline personality syndrome sometimes demand compulsory care for themselves in order not to exert self-harm—like Ulysses contracts. The aim of this study was to examine the possible existence and extent of borderline personality syndrome-patient demands for Ulysses contracts regarding compulsory care in acute psychiatry, and how external influences and demands could affect the caregivers’ decisions about (...) compulsory care. Method An anonymous questionnaire, with three questions with fixed answers, was distributed to 42 licensed medical doctors on call at the psychiatric emergency unit in the city of Stockholm. Thirty-three questionnaires were answered, giving a response rate of 79%. Results Ninety-four percent of the respondents recognized the phenomenon of borderline personality syndrome patients requesting compulsory care, 21% stated that this request had affected their clinical decision, and 55% had used compulsory care for other reasons than the patient’s best interest. Discussion The results indicate that compulsory care is sometimes given in the form of Ulysses contracts for borderline personality syndrome patients. Also, compulsory care is sometimes used for other reasons than the borderline personality syndrome patient’s best interest. Psychological mechanisms affect the decisions of both patients and caregivers. More research should be done concerning to whom, why, and with what consequences compulsory care is prescribed. (shrink)

I respond to Erik Olsson's critique of my account of contraction frominconsistent belief states, by admitting that such contraction cannot be rationalized as adeliberate decision problem. It can, however, be rationalized as a routine designed prior toinadvertent expansion into inconsistency when the deliberating agent embraces a consistent point of view.

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly think (...) that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/eu of (...) the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

Although people establish norms that enable them to live together, some of these have to be coupled with a system of enforcement. This conforms to broad social contract theory and can also be applied to the international sphere. The international community is also based on a system of norms. However, unlike the domestic context, there is no overreaching authority to direct states on what they should do. Rather it is left to states themselves to police this framework. However, this has (...) resulted in one of the conditions envisaged by social contract theorists, namely a stasis between the command order and the state of nature. This may explain, for instance, the indifference to some modern human rights violations. Hence the current system of International law, with its insistence on the Westphalian principle of equality of states has caused a substantial fracture in the enforcement of international law, particularly when it comes to serious human rights breaches, and caused something akin to the state of nature envisaged by social contract theorists. While it may be practically impossible to provide a command system in the international sphere similar to the one in the domestic life, there is some hope that a revised deontological ethic founded on global integration may provide one impetus for change. (shrink)

According to the approach made famous by Alchourrón, Gärdenfors and Makinson (1985), revision is a transformation K*h of a potential belief state K by adding h yielding another potential belief state.1 This AGM revision transformation is a composition of two other transformations: contraction and expansion. K*h = [K-~h]+h. This is the expansion by adding h of the contraction K-~h of K by removing ~h.

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, (...) and its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

In this paper, the nature of the contract of employment is explored from an ethical point of view. It is argued that certain normative arguments should be taken into account in order to justify such a contract. Furthermore, an argument is developed against the claim that (a) the individual’s freedom of decision and (b) the practice of institutional arrangements are sufficient to justify a contract of employment. The dimensional analysis offered shows that further conditions are needed: (a) must be elaborated (...) and interpreted to the extent that this condition is not sufficient – rather sub-criteria regarding the agent’s state of knowledge must be met; and (b) should be supplemented by a demand for fairness. A tentative analysis of existing work contracts is the starting point for the ethical analysis. The aim is to show what a legitimate, or reasonable, contract of employment will require. Finally, some important normative implications and consequences regarding the contract’s normative status are discussed. (shrink)

Recent theorists have suggested that human altruism toward non-family members evolved because of the tremendous benefits of reciprocity. Developing further the notion that evolutionary theory can help to explain moral sentiments, Howard Kahane proposes that a sense of fair play is essential to ethics and argues that moral obligation, too narrowly construed, prevents us from living rationally. He brings his account of fair play to bear on the ethics of various domains of social life including friendship, taxes, civil rights, and (...) nation states. (shrink)

Since the ancient Greeks, philosophers have often mounted arguments for political or moral conclusions by invoking the idea of a ‘social contract’, either between the people and the ruler, or among the people themselves, or both. The contractarian form of argument became popular in the seventeenth century, and its popularity continues to this day. Advocates of this approach tell us to resolve answers to moral and political issues by asking what a group of rational persons could all agree to, or, (...) alternatively, what such people would be unreasonable to reject. (shrink)

A notion of an epistemic state is introduced as a generalization of common representations suggested for belief change. Based on it, a new kind of nonmonotonic inference relation corresponding to belief contractions is defined. A number of representation results is established that cover both traditional AGM contractions and contractions that do not satisfy recovery.

The idea of a social contract has played a major role in modern political philosophy but not in modern epistemology, -- not even in more recent "social theories of knowledge". The idea of an epistemic contract, however, is very interesting and deserves more attention. In this paper, I discuss arguments to the effect that we cannot do without epistemic contracts. I come to the conclusion that these arguments are not convincing. If one wants to make use of contractarian arguments in (...) epistemology, one better looks for different arguments. (shrink)

Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk of the mistake.”1 Where, (...) in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2. (shrink)

A notion of an epistemic state is introduced as a generalization of common representations suggested for belief change. Based on it, a new kind of nonmonotonic inference relation corresponding to belief contractions is defined. A number of representation results is established that cover both traditional AGM contractions and contractions that do not satisfy recovery.

In this paper we investigate three approaches to iterated contraction, namely: the Moderate (or Priority) contraction, the Natural (or Conservative) contraction, and the Lexicographic contraction. We characterise these three contraction functions using certain, arguably plausible, properties of an iterated contraction function. While we provide the characterisation of the first two contraction operations using rationality postulates of the standard variety for iterated contraction, we found doing the same for the Lexicographic contraction more (...) challenging. We provide its characterisation using a variation of Epistemic ranking function instead. (shrink)

This substantially revised new edition of _Rousseau: The Basic Political Writings_ features a brilliant new Introduction by David Wootton, a revision by Donald A. Cress of his own 1987 translation of Rousseau's most important political writings, and the addition of Cress' new translation of Rousseau's _State of?War_. New footnotes, headnotes, and a chronology by David Wootton provide expert guidance to first-time readers of the texts.

Hobbes postulates a social contract to formalize our collective transition from the state of nature to civil society. The prisoner’s dilemma challenges both the mechanics and the outcome of that thought experiment. The incentives for reneging are supposedly strong enough to keep rational persons from cooperating. This paper argues that the prisoner’s dilemma undermines a position Hobbes does not hold. The context and parameters of the social contract steer it safely between the horns of the dilemma. Specifically, in a (...) setting as hostile as the state of nature, Hobbes’s emphasis on self-interest places a premium on survival, and thereby on adaptability, which then promotes progressive concessions toward peaceful coexistence. This transforms the relevant model of rationality from utility maximization to utility satisficing, thus favoring the pursuit of a mutually satisfactory outcome over that of the best personal outcome. The difference not only obviates the prisoner’s dilemma but also better approximates the state of nature while leaving a viable way out. (shrink)

The title of this special topic in RMM is borrowed from a 1978 paper of Hillel Steiner in which he argues against Robert Nozick's invisible hand conception of the emergence of the state. Steiner believes that central institutions of social order such as money and government need some form of conscious endorsement by individuals to emerge and to persist over time. -/- Tony de Jasay's critique (in Philosophy 85, 2010) of Bob Sugden's plea for a Humean version of contractarianism (...) (see RMM, Vol 0) motivated us, to take this old – but still central – theme of the debate on the origin of social order as one starting point in a new attempt to evaluate the idea of a social contract). -/- Within the 35 years since the publication of Hillel Steiner's paper different advances have been made in economics and philosophy that may well shed some new light on some of the fundamental issues in the debate about a contractarian conception of social order. These make us confident that a new attempt to explore the contractarian idea is well worthwhile. -/- Those who first motivated this project, Hillel Steiner, Anthony de Jasay, and Robert Sugden, as well as a number of other renowned scholars confirmed to contribute. The special topic will actually start with a previously unpublished paper by Hillel Steiner, originally written in 1986, in which he extends and elaborates on his argument about money from the 1978 paper, and with an original article by Anthony de Jasay, in which he further clarifies his worries. A response by Robert Sugden will follow. Further contributions will discuss the matter by reference to the roots of the debate in seventeenth and eighteenth century philosophy or to recent advancements in economics, the behavioral sciences or in social philosophy. Some of the contributions confirmed are already in a very elaborated stage and ready to be published soon. They are announced here right from the start and – for the time being – marked as 'to appear'. -/- As always, the special topic is an open ended project and further contributions will be considered; please send your submission to [email protected] (see 'How to Submit' for details). Also, readers are invited to submit shorter comments for the discussion section, which may be published after an abridged refereeing process. (shrink)