Abstract

This paper offers a critique of David Gauthier’s contractarian moral theory. I point out morally counter-intuitive implications of Gauthier’s theory – for example, with respect to societies with slavery or concerning the protection of animals – as well as theoretically unattractive features, such as the overly optimistic assumption of translucent agents. However, contractarian moral theories can be improved by correcting the theoretically unattractive features. Moreover, though some morally counter-intuitive implications cannot be avoided, whether we should accept these implications ultimately depends on whether an instrumentalist account of practical reason is defensible and how morality relates to practical reason. Thus, contractarian moral theories cannot be refuted as easily as one might think at first.