The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can (...) be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso. (shrink)

Contractarians view justice as being defined by a contract made by rational individuals. No one supposes that this contract is actual, and the fact that it is merely hypothetical raises a number of questions both about the assumptions under which it would be actual and about the force of hypothetical agreement that is contingent on these assumptions.Particular contractarian theories must specify the circumstances of the agreement and the endowments, beliefs, desires, and degree and type of rationality of the agents. How (...) these issues are settled determines the force of the hypothetical agreement. The fact that ignorant people who desired only universal suffering would, under duress, agree to a certain principle gives us no reason to believe the principle is a correct moral principle or to think it rational to accept or act on it: some counterfactual assumptions undermine entirely the moral force of hypothetical agreement. On the other hand, to take people just as they are, with their current beliefs, desires, endowments, and all, is to endorse their ignorance and mistakes as well as any previous injustice that affects their bargaining power. (shrink)

Bargaining and distribution of benefits accruing from social cooperation are central topics in contractarian accounts of morality or distributive justice in general and David Gauthier’s Morals by Agreement in particular. In this paper, I raise some problems for MbA both with regards to bargaining over the benefits of social cooperation and the distribution of such benefits. The worries I raise piggyback on a couple of Jan Narveson’s earlier queries of some of the topics in MbA: those of ‘questionable foundation’ and (...) redundancy. However, I go beyond the substance of these queries by arguing that they raise fundamental worries about the correctness of the description of the elements of the bargaining situation, and the role and significance of agreement in MbA. (shrink)

Hobbes's central insight about ethics was that it should not be understood to require that we make ourselves a prey for others. It is this insight that both varieties of contractarianism [Hobbesian and Kantian] respect. Consider a relationship between two human beings that exists for reasons of either love or duty; let us also suppose that it is a relationship that can be instrumentally valuable to both parties. In order for that relationship to receive our full moral endorsement, we must (...) ask whether either party uses the duty or the love connecting them in a way that affects the other party's ability to realize the instrumental value from that relationship. To be sure, good marriages and good friendships ought not to be centrally concerned with the question of justice, but they must also be, at the very least, relationships in which love or duty are not manipulated by either party in order to use the other party to her detriment. (shrink)

One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...) Constrained maximisation may also rely on repeated interactions within social structures that then transmit information thus serving as enforcement mechanisms. In this way agents obtain knowledge of others’ past behaviour and choose their interlocutors accordingly. Thus, it pays to behave morally as it will attract similarly disposed agents to participate in cooperative ventures for mutual advantage. An analysis of rational morality on the individual level demonstrates how this.. (shrink)

In this paper, I revisit the question of how and in what sense can individuals comprising a group be held responsible for morally reprehensible behaviour by that group. The question is tackled by posing a counterfactual: what would happen if selfish individuals became moral creatures? A game called the Samaritan’s Curse is developed, which sheds light on the dilemma of group moral responsibility, and raises new questions concerning ‘conferred morality’ and self-fulfilling morals, and also forces us to question some implicit (...) assumptions of game-theory. (shrink)

in Morals by Agreement, David Gauthier assumes that the contractors' preferences are non-tuistic--that they take "no interest in one another's interests." This is the analog of John Rawls's assumption of "mutual disinterest." Gauthier's assumption of non-tuism is ambiguous in important ways and he sometimes shifts between quite distinct meanings. I examine the various plausible interpretations of non-tuism and then critically evaluate Gauthier's justification for assuming that it is only agents' non-tuistic preferences that are to be considered in arriving at an (...) acceptable social contract. (shrink)

We share our world with many people who ignore the principles of justice and who regularly take advantage of others by breaching trust or breaking agreements. This dissertation is about the irrationality of the actions of these covenant-breakers. A covenant-breaker typically believes that unjust behavior is to his advantage and that only a fool would act in any other way. Would it not be disturbing if this were true? My central claim will be that adherence to the precepts of justice (...) is a rational strategy for a self-interested actor. I intend to demonstrate that con men and covenant-breakers do not act rationally when violating an agreement. I will trace the concept of justice as it evolves through philosophical history and show that, while the concept of justice changes as the underlying concept of human nature and psychology changes, the argument in favor of the rationality of just behavior remains coherent throughout. Each historical interpretation will advance some form of the claim that the consistent observance of cooperative agreements is a rational strategy, and at each point an interlocutor will object. I will show that these interlocutors are mistaken. My motivating goal is to show that justice, understood as the consistent observance of cooperative agreements, is rational. I want to respond to the clandestine cheaters and other skeptics who believe that just behavior is for suckers, because, if the skeptics are right, and justice is indeed irrational, then those among us who are acting in a just manner are paying an unnecessary cost. (shrink)