Social Contract

(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)

In his collection of articles, "Where Are We Now - The Epidemic as Politics", Giorgio Agamben appears to make some very startling (if not downright outrageous) claims concerning the political situation in Italy and elsewhere in Europe during the Covid-19 pandemic. In this piece [in German] I analyse how these claims are rooted in the philosophy of Agamben's "Homo sacer" project. Focussing on three central notions (Schmitt's "state of exception", Foucault's "biopolitics", and Agamben's very own "bare life"), I show how (...) Agamben's illegitimate identification of the bare life with the subject of biopolitics leads to the derailment of his theory as well as to some of the grave political misjudgments he makes regarding the pandemic. (shrink)

In this paper, I argue in favor of a structural turn in social contract theory. More precisely, I argue that dealing with the complex and dynamic nature of the social world requires an emphasis on social structures greater than what contractarians often consider. I take structures to be the dynamic and non-random networks of interdependence among all active components that shape society. I also constrain my focus to a growing body of literature on diversity that explores plausible contractarian alternatives given (...) the complexity of modern societies. I argue that shifting weight from diversity to structures in theorizing alternative contractarian frameworks would be an improvement. (shrink)

Jean-Jacques Rousseau's main work in political philosophy, the _Social Contract_, contains two beginnings; on the one hand, it commences, quite conventionally, with a social contract between individuals, on the other hand it also states that a lawmaker needs to precede the agreement of such a contract. This curious co-existence of two beginnings in the text has usually been ignored or played down by interpreters. This article, on the other hand, presents a reading of their interplay inspired by Zizek's theory of (...) ideology. It demonstrates how one of the beginnings, if seen from this point of view, may be understood as the truth about the other, and how the figure of the lawmaker specifically reveals the text as torn apart by contradictory internal tendencies. (shrink)

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer will-human or divine. (...) All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

In January 2023, Moderna announced its intent to increase the price of the COVID-19 vaccine it co-developed with the National Institutes of Health (NIH) by 400%. The federal government should pressure Moderna to change course and resume buying doses for all Americans, leveraging its purchasing power to obtain a fair price.

Social contract theory enjoys a long history in moral and political philosophy. Since the European Enlightenment, social contract theory has become one of the most important traditions in moral and political philosophy. This chapter provides a brief introduction to central concepts in social contract theory and their development over time. Most importantly, the chapter clarifies some of the distinct features of new approaches to social contract theory (or “new social contract theory” for short) that have evolved in the twenty-first century (...) and are most suitable for capturing the circumstances of contemporary societies, even if new social contract theory does not constitute a unified theoretical position but is best considered as a family of approaches, methods, and topics. The chapter also provides an overview of the contributions to this book and their connections both methodologically and thematically. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach to exploring the limitations of (...) non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

The article`s goal is to enlighten modern philosophy projects polivariance on example of social contract concept and its critique in England in the first half of XVIIIth. c. Due to marxist philosophical methodology in Ukrainian literature this theme was not properly enlightened. The author considers, firstly, George Barkley as an author of rational-theological argument. This argument provides support from nature`s laws and God`s will. Secondly, David Hume that offered arguments: 1) ontological, 2) anthropological, and 3) politic-juridical. Hence, the author enlightens (...) positions that were not previously properly analyzed nor classified due to nature of historico-philosophical methodology. (shrink)

RESUMEN El siguiente ensayo tiene como objetivo delimitar los argumentos bases que dan origen a la teoría política conocida como atomismo. Para ello será necesario hacer un análisis de sus orígenes en las proposiciones del contrato social, así como de las razones por las cuales se considera al individuo como autosuficiente, para luego ver cómo esto mismo les da un fundamento a los derechos de esta índole. Ello nos demostrará la importancia de replantear estos argumentos, si es que hacen posible (...) la convivencia entre otros, y cómo es que un sistema que requiera de mayor cooperación es contrario al atomismo político. Finalmente, se verán las implicaciones contradictorias y los elementos que juegan en contra de formar parte de este pensamiento, sobre todo en su forma radical. -/- ABSTRACT The following essay aims to delimit the basic arguments that give rise to the political theory known as atomism. To do so, it will be necessary to analyze its origins in the propositions of the social contract, the reasons why the individual is considered as self-su-fficient, and then see how this gives a foundation to the rights of this kind. This will demonstrate the importance of rethinking these arguments if they make coexistence among others possible and how a system that requires greater cooperation is contrary to political atomism. Finally, we will see the contradictory implications and the elements that play against being part of this thought, especially in its radical form. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, pretextual detentions, and (...) other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically developed already in the (...) XIII-XIV centuries, taking the form of a socio-political program in the theory of the cathedral governance of the church. In contrast to medieval concepts, the modern social contract is not a consequence of God's established order, but the will of human individuals. Due to this determination of will, individuals limit their natural freedom for the sake of the possibility and good of common existence. (shrink)

As far as we know, humans are unique in our remarkable ability to cooperate and learn from one another. This requires explanation, not just because it is very striking, but also because it is centr...

This paper demonstrates how ideology plays a major, but previously neglected role in Rousseau's treatment of politics in the Social Contract. Specifically, it shows how a number of key elements in his line of argument come close to ideology criticism as it is conceived in Louis Althusser's theory of ideological state apparatuses. This is the case not just in relation to the distinction between general will and particular will, but also in relation to such concepts as property and social contract. (...) However, the paper also demonstrates how this pre-Marxist understanding of ideology co-exists in the text with a different and more primitive understanding of ideology which is incompatible with Marxism and which points back to Rousseau's previous discourse on the origins of inequality. The paper concludes that while there are definitely elements in Rousseau's text which point toward a future development of the theme of ideology in Marxist theory, the Social Contract on the whole is characterized by heterogeneity on this topic. (shrink)

In this article I argue that the non-reciprocity problem does not apply to intergenerational justice. Future generations impact, here and now, on the well-being of people now living. I firstly illustrate the economic-synchronic model of direct intergenerational reciprocity (DIR): future generations allow people now living to maintain the economic system future-oriented and capital-preserving. The rational choice for people now living is to guarantee transgenerational sufficiency to future generations. I then analyse the axiological-synchronic model of DIR: future generations give meaning and (...) value to many of the activities that people now living carry out, and this is a compelling reason for the latter to worry about the former. I argue that only the economic-synchronic model of DIR can consistently explain why we need future generations. I conclude by discussing the limits of indirect intergenerational reciprocity. (shrink)

Jean-Jacques Rousseau’s ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau’s most important political writings—_The Social Contract and The First Discourse (Discourse on the Sciences and Arts) _and_ The Second Discourse (Discourse on the Origin and Foundations of Inequality)_—and_ _presents essays by major scholars that shed light on the dimensions and implications of these texts. Susan Dunn’s introductory essay (...) underlines the unity of Rousseau’s political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May’s essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau’s attempt to resolve the tension between the individual’s desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O’Brien takes on the “noxious,” “deranged” Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. For this edition Susan Dunn has provided a new translation of the _Discourse on the Sciences and Arts _and_ _has revised a previously published translation of _The Social Contract._. (shrink)

Introduction. The article analyzes the state-society relationship in the theory of social contract by T. Hobbes. The etatist interpretation of his socio-political doctrine, widespread in Russian philosophical thought, fundamentally opposing society to the state, does not seem to reflect the understanding of their relationship. From our point of view this is inherent in the contractual theory of the English thinker. Theoretical analysis. The author shows that the original conceptual and theoretical principles of T. Hobbes are the unity of sociogenesis and (...) politogenesis, the actual identification of sociality and statehood, and the assertion of the need for security as the most important factor in the transition of people from the «state of nature» to the state-public organization of their life together. Analyzing the nature of state power, T. Hobbes believes that the political activity of the sovereign, as the source and bearer of the first, is subject, first of all, to the interests of the society he controls. Conclusion. The etatist interpretation of the state-society relationship does not find sufficient confirmation in the theory of the social contract of T. Hobbes. The analysis made it possible to reveal that his point of view on this problem can be described with the idea of the syncretism of society and the state, which implies the unity of the processes of sociogenesis and politogenesis and, accordingly, the simultaneous emergence of these forms of common life. (shrink)

ABSTRACT Some scholars tend to argue that Black marginality is due largely to the exclusion of Blacks from meaningful economic participation as well as generalized social exclusions. This, owing to the division of the world’s populations along a racial hierarchy on the one hand, and in geopolitical terms along the dichotomy of Metropoles and dependencies. While there have been some cosmetic changes, particularly in relation to the complexion of the ruling personnel in the aftermath of Independence, the view adopted here (...) is that the colonial structure remains largely intact. This is because the material base of colonial countries or regions remains fundamentally predisposed toward satisfying the economic interest of industrialized Western powers, the former colonizers. The argument advanced here therefore, is that such marginality is due not from exclusions per se but rather from inclusion albeit only as junior, and therefore inferior, partners. So at the root of the problem is the problem of “white supremacy,” which establishes and maintains asymmetrical relations between the races. This system underlies as it underpins the standard contract and thus functions as a clandestine and unofficial political system. The article thus delves into the social contract theory, particularly the works of Charles Mills and Jean-Jacques Rousseau, with the view of ascertaining how their ideas help us understand the modern world in terms of race relations. Furthermore, Walter Rodney’s concept of “white power” is appropriated as it provides a useful framework within which to understand the white power complex. (shrink)

This article examines social contract theory in the Anthropocene. Past and current social contract theories have a narrowly conceived conception of human that pits humans against nonhumans. This article suggests new parameters for a social contract for the Anthropocene, which has as its focus humans, animals, and nature. Based on the thinking of Brian Elliott, this article suggests that a politics of environmental catastrophe will not encourage the adoption of a post- or more-than human social contract. Instead, political engagement must (...) focus on the relationship between capitalism and climate change in order to create new economic, political and social systems. (shrink)

In diesem Buch werden die zwei Grundsäulen der "Kritischen Patriarchatstheorie" - die Matriarchale Naturphilosophie und die Patriarchatskritische Geschichtsphilosophie - vorgestellt und im Rahmen einer kritischen Auseinandersetzung mit der Naturphilosophie Giordano Brunos sowie der Geschichtsphilosophie Martin Heideggers erläutert.

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- On the Primacy (...) of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

Business Ethics, the Environment &Responsibility, EarlyView.

In A Theory of Moral Education, Michael Hand defends the importance of teaching children moral standards, even while taking seriously the fact that reasonable people disagree about morality. While I agree there are universal moral values based on the kind of beings humans are, I raise two issues with Hand’s account. The first is an omission that may be compatible with Hand’s theory; the role of virtues. A role for the cultivation of virtues and rational emotions such as compassion is (...) vital in accounting for the emotional aspect of morality. The second issue pertains to Hand’s foundational premise of human beings’ rough equality. Following Martha Nussbaum, I argue that contractarian approaches must be critically evaluated to ensure the social contract properly includes and accounts for the human dignity of those who are typically excluded from the benefits of society. Hand’s justificatory arguments rely upon a contractarian premise, and the contract itself needs scrutiny and adjustment if it is to support a viable theory of moral education. (shrink)

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)

Panarchy suggests that an optimal framework for the emergence of the best states is that of free competition between states. In Panarchy, people and states negotiate the relationships between them, as sellers and buyers and formalize them in explicit social contracts. Different states may offer varying levels of services in areas such as health, education, and social security for different prices. Low costs for consumer mobility from state to state are necessary for competition. These can be optimized by non-territorial states (...) that offer services to citizens instead of rule a territory and compete over customers in a political market. The right of such states to coerce their clients differentiates them from mere protective associations, and is founded on explicit social contracts (law codes) rather than on monopoly over territory-- sovereignty. First, I explicate the unique properties of Panarchy, non-territorial states and explicit social contracts. Then, following the theories of Douglass North (1986) and Albert Hirschman (1970) I explain why Panarchy appears to be an appropriate framework for avoiding political monopolies and increasing political competitiveness and efficiency through cheap exit mechanisms. Then, I consider possible challenges to Panarchy: Panarchy may be utopian if the state is a natural monopoly; Panarchy does not advocate any political utopia but it may reify the utopian element to the meta-political level, to the preconditions for the emergence of the best states. If non-territorial states are inconsistent with human nature, they may be utopian. I also consider possible ethical objections to Panarchy. I argue that: The territorial sovereign state is not a natural monopoly. A free market in non-territorial states does not have to assume a coercive monopoly regulatory “super-state.” The territoriality of the state is not natural. Though there are valid ethical criticisms of Panarchy, from a utilitarian perspective, they are outweighed by ethical arguments that support it. Finally, I argue that several recent technological innovations have rendered the sovereign nation-state increasingly obsolete, while facilitating and reducing the costs of establishing Panarchy and running non-territorial states. (shrink)