John Rawls's famous difference principle is capable of at least four distinct statements, each of which occurs in A Theory of Justice. According to what I shall term the Crude Principle it is a necessary and sufficient condition for the justice of an institutional scheme which expands social and economic inequality that, subject to the satisfaction of more weighty principles, it increases the level of advantage of the least advantaged. Expressing this principle Rawls writes that,Assuming the framework of institutions required (...) by equal liberty and fair equality of opportunity, the higher expectations of those better situated are just if and only if they work as part of a scheme which improves the expectations of the least advantaged members of society. The intuitive idea is that the social order is not to establish and secure the more attractive prospects of those better off unless doing so is to the advantage of those less fortunate. (shrink)

As a result there is a considerable literature on the topic. I think, however, that the treatment in the literature is incomplete because there is a failure to examine the relevant emotions in significant detail, and in particular to consider their complexity and the conditions of their warrant. As a result, both defenses and critiques of the motive of duty in terms of reliability are inadequate as they stand.

In their classic analyses, Hobbes and Hume argue that offensively violating a covenant is irrational because the offense ruins one’s reputation. This paper explores conditions under which reputation alone can enforce covenants. The members of a community are modeled as interacting in a Covenant Game repeated over time. Folk theorems are presented that give conditions under which the Humean strategy of performing in covenants only with those who have never offensively violated or performed with an offensive violator characterizes an equilibrium (...) of the repeated Covenant Game. These folk theorems establish that for certain ideal settings Hobbes’ and Hume’s arguments against offensively violating covenants are compelling. However, these ideal settings presuppose that the community has certain mechanisms that generate common knowledge of the identities of those with whom one should perform. I analyze the results of computer simulations of the interactions in a community whose members must rely upon private communication alone. The computer simulation data show that in this community, reputation effects cannot effectively deter members from offensively violating covenants. I conclude that Hobbes’ and Hume’s warnings against offensive violation are compelling only on condition that the community is sufficiently structured to generate common knowledge among its members. I also conclude that even in such structured communities, the Humean strategy is not the uniquely “correct” policy. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (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)

Starting from considering how radical Hobbes' rejection of teleology was, this paper presents a coherent reading of Hobbesian reason, as applied to the justification of political obligation, striking a more perspicuous third way between the ‘orthodox’ and the ‘revisionist’ readings. Both families of interpretations are partial to some elements of Hobbes' thought, therefore incapable of providing a coherent reading of its whole. A precise rendering of Hobbes' deontological reason allows a better hermeneutical understanding of his philosophy as well as a (...) keener appreciation of its relevance for past and present political thought. (shrink)

Why do we need government? A common view is that government is necessary to constrain people's conduct toward one another, because people are not sufficiently virtuous to exercise the requisite degree of control on their own. This view was expressed perspicuously, and artfully, by liberal thinker James Madison, in The Federalist, number 51, where he wrote: “If men were angels, no government would be necessary.” Madison's idea is shared by writers ranging across the political spectrum. It finds clear expression in (...) the Marxist view that the state will gradually wither away after a communist revolution, as unalienated “communist man” emerges. And it is implied by the libertarian view that government's only legitimate function is to control the unfortunate and immoral tendency of some individuals to violate the moral rights of others. (shrink)

Among major contractarian theorists, David Gauthier has the most ambitious philosophical aims. John Rawls has recently made clear that his theory of justice is not intended to provide a timeless and culturally invariant account of justice derived from the theory of rational choice. Yet Gauthier, in his rightly acclaimed and widely influential writings, attempts to provide just such an account of morality and distributive justice. With this new publication of a collection of his most important articles from the past two (...) decades following, by four years, the appearance of his systematic treatise on ethics we are now in a good position to assess Gauthier's moral theory. (shrink)

I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...) us a way to acknowledge both the intuition that we cannot be harmed after we die and, in a sense, the intuition that things that happen after we die are relevant to our lives. (shrink)

ABSTRACTThe predication of the eternal law served as premise and and foundation for the existence of the law of nature in the classical/medieval intellectual inheritance of Thomas Hobbes and his contemporaries. Unlike them, he makes no mention of the eternal law in his early writings, The Elements of Law Natural and Politic, and On the Citizen. His triple use of the expression eternal law of God in Leviathan is ambiguous and misleading. Instead, he is one of the first writers in (...) English to assert the eternity of the law of nature. He does that by invoking a biblical-based expression, verbum aeternum. In On the Citizen, and its exegetical, theological identification with Christ, to establish that claim. In Leviathan he repeats his declaration that the law of nature is eternal nine times, spread across more than five Chapters and twelve hundred pages. Four of them are equivalently excised from the Latin Leviathan and the others remain brief assertions, unanalyzed and undefended, rendering their effect incidental and perfunctory. He also abandons the expression verbum aeternum. (shrink)

William Perm summarized the Magna Carta thus: “First, It asserts Englishmen to be free; that's Liberty. Secondly, they that have free-holds, that's Property.” Since at least the seventeenth century, liberals have not only understood liberty and property to be fundamental, but to be somehow intimately related or interwoven. Here, however, consensus ends; liberals present an array of competing accounts of the relation between liberty and property. Many, for instance, defend an essentially instrumental view, typically seeing private property as justified because (...) it is necessary to maintain or protect other, more basic, liberty rights. Important to our constitutional tradition has been the idea that “[t]he right to property is the guardian of every other right, and to deprive a people of this, is in fact to deprive them of their liberty.” Along similar lines, it has been argued that only an economic system based on private property disperses power and resources, ensuring that private people in civil society have the resources to oppose the state and give effect to basic liberties. Alternatively, it is sometimes claimed that only those with property develop the independent characters that are necessary to preserve a regime of liberty. But not only have liberals insisted that, property is a means of preserving liberty, they have often conceived of it as an embodiment of liberty, or as a type of liberty, or indeed as identical to liberty. This latter view is popular among contemporary libertarians or classical liberals. Jan Narveson, for instance, bluntly asserts that “Liberty is Property,” while John Gray insists that “[t]he connection between property and the basic liberties is constitutive and not just instrumental.”. (shrink)

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

Philosophers have debated for millennia about whether moral requirements are always rational to follow. The background for these debates is often what I shall call “the self-interest model.” The guiding assumption here is that the basic demand of reason, to each person, is that one must, above all, advance one's self-interest. Alternatively, debate may be framed by a related, but significantly different, assumption: the idea that the basic rational requirement is to develop and pursue a set of personal ends in (...) an informed, efficient, and coherent way, whether one's choice of ends is based on self-interested desires or not. For brevity I refer to this as “the coherence-and-efficiency model.” Advocates of both models tend to think that, while it is sufficiently clear in principle what the rational thing to do is, what remains in doubt is whether it is always rational to be moral. They typically assume that morality is concerned, entirely or primarily, with our relations to others, especially with obligations that appear to require some sacrifice or compromise with the pursuit of self-interest. (shrink)

What, if anything, are we morally required to do on behalf of others besides respecting their rights? And why is such regard for others a reasonable moral requirement? These two questions have long been major concerns of ethical theory, but the answers that philosophers give tend to vary with their beliefs about human nature. More specifically, their answers typically depend on the position they take on a third-question: To what extent, if any, is it possible for us to act altruistically?

In what follows I consider whether the idea of a person's interest or good might be better understood through that of care or concern for that person for her sake, rather than conversely, as is ordinarily assumed. Contrary to desire-satisfaction theories of interest, such an account can explain why not everything a person rationally desires is part of her good, since what a person sensibly wants is not necessarily what we would sensibly want, insofar as we care about her. First, (...) however, a tale: There was no other explanation which seemed reasonable. … [W]as it not reasonable to assume that he meant never to claim his birth-right? If this were so, what right had he, William Cecil Clayton, to thwart the wishes, to balk the self-sacrifice of this strange man? If Tarzan of the Apes could do this thing to save Jane Porter from unhappiness, why should he, to whose care she was intrusting her whole future, do aught to jeopardize her interests? (shrink)

ABSTRACTWe can easily misread historical texts if we take ideas and passages out of their textual contexts. The resulting errors are widespread, possibly even more so than errors through reading ideas and passages out of their historical contexts. Yet the methodological literature stresses the latter and says little about the former. This paper thus theorises the idea of textual context, distinguishes three types of textual context, and asks how we uncover the right textual contexts. I distinguish four kinds of textual-context (...) error, and offer practical tips for avoiding these errors. However, the beating heart of this paper is the history–philosophy debate: in contrast to the prevailing assumption that historical and philosophical analysis are fundamentally different, I show that a commitment to textual context, which should be entirely uncontroversial, also commits one to think philosophically. (shrink)

Here lyes that mighty Man of SenseWho, full of years, departed hence,To teach the other world Intelligence,This was the prodigious Man,who vanquish’ d Pope and Puritan,By the Magic of Leviathan.Had he not Controversy wanted,His deeper Thoughts had not been scanted;Therefore good Spirits him transplant:Wise as he was, he could not tellWhether he went to Heaven or Hell.Beyond the Tenth Sphere, if there be a wide place,He'll prove by his Art there's no infinite space:And all good Angels may thank him, for (...) thatHe has prov’ d they are something, tho men know not what.Hobbes's Epitaph. (shrink)

Hobbes’ account of these issues is conspicuously brief and puzzling. Indeed it has been criticized by some commentators as ‘confused.’ I hope to show, however, that it appears confused only because it has not been read with sufficient precision. Properly understood, Hobbes’ account is both exact and profound. It is also, in my view, far more interesting as a conception of natural right than the modern ‘confusions’ which have come to be read into it.To show this, the text must be (...) read as it is presented: on its own terms, analytically and exactly. In what follows, therefore, I shall focus upon Hobbes’ definitive account of the right of nature in chapter XIV of Leviathan, with only minimal reference to other passages and other works. I do not pretend that this is the only possible approach to Hobbes on this point; but it does show how his account may be read intelligibly, and with greater respect for the power and precision of his thought. (shrink)

Having explained the moral approbation attending merit or virtue, there remains nothing but briefly to consider our interested obligation to it, and to inquire whether every man, who has any regard to his own happiness and welfare, will not best find his account in the practice of every moral duty. [W]hat theory of morals can ever serve any useful purpose, unless it can show, by a particular detail, that all the duties which it recommends, are also the true interest of (...) each individual? (shrink)

Hobbes’s science of politics rests on a dual analysis of human beings: humans as complex material bodies in a network of mechanical forces, prone to passions and irrationality; and humans as subjects of right and obligation, morally exhortable by appeal to the standards of reason. The science of politics proposes an absolutist model of politics. If this proposal is not to be idle utopianism, the enduring functioning of the model needs to be compatible with the materialist analysis of human behaviour. (...) In this paper, I argue that Hobbes's attempts to render his science of politics compatible with his materialism are only partly successful; a fuller compatibility is achieved in the political writings of Spinoza. -/- Published with reply: Luke O'Sullivan, 'Sovereigns and citizens: a response to Field', ibid., 221-224. Reprinted as: Sandra Field (2015), 'Hobbes and human irrationality', in T. Nardin (ed.) Rationality in Politics and its Limits, Abingdon: Routledge, 31-44. With reply: Luke O'Sullivan, 'Sovereigns and citizens: a response to Field', ibid., 45-48. (shrink)