Social Contract

The Rawlsian institutional approach holds that distributive principles apply to socioeconomic institutions rather than transactions within the institutional framework. Critics claim that the approach is baseless. I defend Rawls’s institutionalism by showing that it has a rational basis: Rawls “constructs” a theory of justice from considered judgments, especially ideas found in the political culture and historical conditions of democracy, including the fact of reasonable pluralism, which supports his institutionalism. I use Rawls’s “fact-sensitive constructivism” to interpret his claim that “utilitarianism does (...) not take seriously the distinction between persons.” Rawls’s claim refers to his contrast between impartial spectator reasoning for the classical principle of utility and his original position, which aims to motivate the original position’s use of mutually disinterested parties to an agreement as more accurately reflecting democracy’s fact of reasonable pluralism. Rawls then shows that these original position conditions, meant to reflect separate persons in democracy, justify his egalitarian principles over classical utility. I extend his contrast to act-egalitarianism to show that Rawls’s fact-sensitive constructivism supports his institutionalism. I argue that the original position, which reflects separate persons, only justifies the institutional difference principle and that the natural reasoning for act-egalitarianism does not take seriously the separateness of persons. (shrink)

Elective home education has become an international trend characterized by considerable public controversy and much legal fragmentation. Issues related to whether it should be permitted and how it should be monitored are currently being debated in many countries. Homeschooling regulation seems to have become a “wicked problem” with no definitive solution. A case has been made for moving beyond the polarization that tends to label it as either intrinsically good or inherently bad. By drawing its foundations from a UNESCO report (...) published in 2021, this conceptual study is meant to be a contribution to the discussion about the social and legal legitimacy of homeschooling through the delineation of a tenable “social contract for home education”. It has been argued that in light of this social contract, homeschooling should neither be banned nor unregulated. Hence, a shift of perspective is being encouraged to include home educators in a pluralistic dialogue on the future of education towards policy decisions that are sensitive to this complexity. (shrink)

This article discusses the role played by interpersonal comparisons in matters of justice and equity. The role of such interpersonal comparisons has initially been made explicit in the context of social choice theory through the concept of extended preferences. Social choice theorists have generally claimed that extended preferences should be taken as being uniform across a population. Three related claims are made within this perspective. First, though it is sometimes opposed to social choice theory, the social contract approach may also (...) consider the possibility of interpersonal comparisons. This is due to the fact that justice principles may be partially justified on a teleological basis. Second, searching for the uniformity of interpersonal comparisons is both hopeless and useless. In particular, moral disagreement does not originate in the absence of such uniformity. Third, interpersonal comparisons should be accounted for both in social choice and social contract theories in terms of sympathetic identification based on reciprocal respect and tolerance, where each person’s conception of the good partially takes care of others’ good. From the moral point of view, any person’s conception of the good should thus be ‘extended’ to others’ personal conceptions. This extension is, however, limited due to the inherent limitations in sympathetic identification and is a long way from guaranteeing the uniformity assumed by social choice theorists. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

1. Justice, social contracts, and democracy -- 2. The democratic social contract -- 3. Economic justice and the democratic contract -- 4. The theory of democratic social contracts -- 5.The great transformation -- 6. Political democracy in the great society -- 7. Just returns in the great society -- 8. The sense of democratic justice.

"No human now gathers for himself or herself the essential resources for life: food, shelter, clothing, and the like. Humans are obligate co-operator, and this has been true for tens of thousands of years; probably much longer. In this regard, humans are very unusual. Cooperation outside the family is rare: though it can be very profitable, it is also very risky, as cooperation makes an agent vulnerable to incompetence and cheating. This book presents a new picture of the emergence of (...) cooperation in our lineage, developing through four fairly distinct phases from a baseline that was probably fairly similar to living great apes, who cooperate, but in fairly minimal ways. As adults, they rarely depend on others when the outcome really matters. This book suggests that cooperation began to be more important for humans through an initial phase of cooperative foraging generating immediate returns from collective action in small mobile bands. This established in our lineage about 1.8 million years ago, perhaps earlier. Over the rest of the Pleistocene, cooperation became more extended in its social scale, with forms of cooperation between bands gradually establishing, and in spatial and temporal scale too, with various forms of reciprocation becoming important. The final phase was the emergence of cooperation in large scale, hierarchical societies in the Holocene, beginning about 12,000 years ago. This picture is nested in a reading of the archaeological and ethnographic record, and twinned to an account of the gradual elaboration of cultural learning in our lineage, making cooperation both more profitable and more stable"--. (shrink)

"Este trabajo explora los matices de la idea contractualista y conceptos aledaños, y examina las miradas de Hobbes, Spinoza, Montesquieu y Smith. Luego, esbozada la disputa entre Iglesia y Estado, aborda las obras más contemporáneas de Rawls, Nozick y Dworkin y las peculiaridades de "la responsabilidad de proteger", innovación teórica reciente de la teoría y la práctica políticas en la esfera internacional. Lo que hoy conocemos como "contrato social" es el producto de un largo desarrollo de la política occidental. Sus (...) orígenes están en una reelaboración de la noción romana de contrato que, en su versión política posterior moderna, reaparecerá como "contrato social". En suma, este libro versa sobre el contrato social y sus diferentes expresiones, pero no se centra exclusivamente en él. Se pretende ir más allá y ver los conceptos principales que se vinculan con la idea contractualista porque sus diferentes versiones son la clave que explica las variadas institucionalidades de las sociedades modernas. Más importante aún: en la evolución de ese arreglo institucional es posible rastrear el llamado "progreso político" de las sociedades." --Descripción del editor. (shrink)

A new and comprehensive look at the reasons behind successful or failed nation building Nation Building presents bold new answers to an age-old question. Why is national integration achieved in some diverse countries, while others are destabilized by political inequality between ethnic groups, contentious politics, or even separatism and ethnic war? Traversing centuries and continents from early nineteenth-century Europe and Asia to Africa from the turn of the twenty-first century to today, Andreas Wimmer delves into the slow-moving forces that encourage (...) political alliances to stretch across ethnic divides and build national unity. Using datasets that cover the entire world and three pairs of case studies, Wimmer's theory of nation building focuses on slow-moving, generational processes: the spread of civil society organizations, linguistic assimilation, and the states' capacity to provide public goods. Wimmer contrasts Switzerland and Belgium to demonstrate how the early development of voluntary organizations enhanced nation building; he examines Botswana and Somalia to illustrate how providing public goods can bring diverse political constituencies together; and he shows that the differences between China and Russia indicate how a shared linguistic space may help build political alliances across ethnic boundaries. Wimmer then reveals, based on the statistical analysis of large-scale datasets, that these mechanisms are at work around the world and explain nation building better than competing arguments such as democratic governance or colonial legacies. He also shows that when political alliances crosscut ethnic divides and when most ethnic communities are represented at the highest levels of government, the general populace will identify with the nation and its symbols, further deepening national political integration. Offering a long-term historical perspective and global outlook, Nation Building sheds important new light on the challenges of political integration in diverse countries. (shrink)

Preface -- What is the Social Contract? -- Children -- Education -- Health -- Work -- Old age -- Generations -- A new Social Contract -- Illustration Notes and Credits -- Notes -- Index.

From one of the leading policy experts of our time, an urgent rethinking of how we can better support each other to thrive. Whether we realize it or not, all of us participate in the social contract every day through mutual obligations among our family, community, place of work, and fellow citizens. Caring for others, paying taxes, and benefiting from public services define the social contract that supports and binds us together as a society. Today, however, our social contract has (...) been broken by changing gender roles, technology, new models of work, aging, and the perils of climate change. Minouche Shafik takes us through stages of life we all experience--raising children, getting educated, falling ill, working, growing old--and shows how a reordering of our societies is possible. Drawing on evidence and examples from around the world, she shows how every country can provide citizens with the basics to have a decent life and be able to contribute to society. But we owe each other more than this. A more generous and inclusive society would also share more risks collectively and ask everyone to contribute for as long as they can so that everyone can fulfill their potential. What We Owe Each Other identifies the key elements of a better social contract that recognizes our interdependencies, supports and invests more in each other, and expects more of individuals in return. Powerful, hopeful, and thought-provoking, What We Owe Each Other provides practical solutions to current challenges and demonstrates how we can build a better society--together"--Publisher's website. (shrink)