Abstract

Contract theory as a form of argument was introduced into contemporary philosophical discussion by John Rawls' A Theory of Justice. In Rawls' theory, the role of the hypothetical contract is limited to that of a heuristic device, a convenient way of modeling our intuitions about the kinds of constraints that are reasonably imposed on arguments for principles of justice. The heuristic role of Rawls' contract strips it of potential justificatory force; justice as fairness relies on the coherence method of reflective equilibrium as the sole source of justification for the two principles. ;The view that the contract's role is solely that of a heuristic device suggests the problem to be investigated in this dissertation. My concern is not primarily with the role of the contract as it is used in Rawls' theory. Rather, the dissertation addresses a question that arises for contemporary contract theory in general that is suggested by Rawls' use of the contract, namely, whether there is a sense in which the contract form of argument can justify principles independently of other methods of justification. The aim of the dissertation is positive in that it argues for a stronger and expanded role for contract theory in general in the face of the weaker and restricted role given to it by Rawls and by some of his critics. ;The dissertation is comprised of two parts. The first uses developments in contract theory in law to answer the question whether contract theory in philosophy can have independent justificatory force. On the basis of developments in legal theory, a view of the role of contract theory in philosophy is constructed that shows the sense in which it has justificatory potential. The second part deals specifically with Rawls' version of contract theory and various objections to it. These objections are considered because of their implications for contract theory in general. If successful, they weaken and restrict the role of contract theory in various ways. I defeat these objections, thereby securing a stronger and expanded role for contract theory in general than that allowed to it by some contemporary philosophers.