Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. (...) Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good. (shrink)

Contractarians aim to derive moral principles from the dictates of instrumental rationality alone. But it is well-known that contractarian moral theories struggle to identify normative principles that are both uniquely rational and morally compelling. Michael Moehler's recent book, *Minimal Morality* seeks to avoid these difficulties by developing a novel "two-level" social contract theory, which restricts the scope of contractarian morality to cases of deep and persistent moral disagreement. Yet Moehler remains ambitious, arguing that a restricted version of Kant's categorical imperative (...) is a uniquely rational principle of conflict resolution. We develop a formal model of Moehler's informal game-theoretic argument, which reconstructs a valid argument for Moehler's conclusion. This model, in turn, enables us to expose how a successful argument for Moehler's contractarian principle rests on assumptions that can only be justified by subtle yet significant departures from the standard conception of rationality. We thus extend our understanding of familiar contractarian difficulties by showing how they arise even if we restrict the scope of contractarian morality to a domain where its application seems both promising and necessary. We show that the problem lies not in contractarians' immodest ambitions but in the modest resources rationality can offer to satisfy them. (shrink)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (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)

If harm is restricted to mean perceptible damage suffered by an agent against his wishes, so that his mere dislike with no evidence of injury is excluded, then Mill's liberty principle arguably is ‘one very simple principle’ as he claims. But even so, what of John Gray's charge that the liberty principle relies on a ‘radically defective’ notion of individuality or autonomy that is incompatible with every civil society's cultural and moral traditions? If he is correct about this, then Mill's (...) principle lacks appeal even if it can be stated in a definite and coherent manner. (shrink)

Social contract theorists often take the ideal contract to be the agreement or bargain individuals would make in some privileged choice situation. Recently, experimental philosophers have explored this kind of decision-making in the lab. One rather robust finding is that the exact circumstances of choice significantly affect the kinds of social arrangements experimental subjects unanimously endorse. Yet prior work has largely ignored the question of which of the many competing descriptions of the original position subjects find most compelling. This paper (...) aims to address this gap, exploring how attractive experimental subjects find various characterizations of these circumstances of choice. We find evidence suggesting that no one choice situation can fulfill the role that social contract theorists have hoped it would play. We also find that, contrary to what some prominent social contract theorists have expected, there is no robust relationship between an individual’s ranking of distributive principles and their ranking of various descriptions of the original position. In conclusion, we discuss the broader implications of these results for political philosophy. (shrink)

This is a comprehensive anthology of works concerning the nature of economics as a science, including classic texts and essays exploring specific branches and schools of economics. Apart from the classics, most of the selections in the third edition are new, as are the introduction and bibliography. No other anthology spans the whole field and offers a comprehensive introduction to questions about economic methodology.

n this thesis I describe how conventions specify how to put normative principles into practice. I identify a class of recurring situations where there are some given normative principles in effect, but they underdetermine what each individual should do, and what is best for an individual depends on what others do. I demonstrate that in such cases, whenever the community develops a response that repeatedly brings them to as good an outcome as is available according to their principles, that response (...) is a Lewisian convention where the benefit of an outcome to each individual is measured by the extent to which it conforms to the principles they subscribe to. Since these conventions are constrained by the normative principles, I call them limited conventions. They are supplements to the principles, and are ineradicably involved in moral action insofar as the abovementioned cases of moral underdetermination are in play. That has the consequence that in these cases the only reliable way to follow your principles is to follow the relevant conventions. As examples of this mechanism I offer a conventionalist analysis of authority, such that the commands of an authority is normative when they instantiate a limited convention, and of the variation in understandings of virtue and vice across societies, such that the evaluative vocabulary of each society is a set of different limited conventions about how to express in word and deed the evaluative points of the virtues and vices in question. Finally, I discuss how conventions and similar forms of guidance provide a way for individuals to participate in their community’s moral life without having a full understanding of the principles that underlie it, or even if they are profoundly ignorant or outright mistaken about the demands of morality. (shrink)

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)