A contractarian moral theory states that an action (practice, social structure, etc.) is morally permissible if and only if it (or rules to which if conforms) would be agreed to by the members of society under certain circumstances. What people will agree to depends on what their desires are like. Most contractarian theories - for example those of Rawls (1971) and Gauthier (1986) - specify that parties to the agreement are mutually unconcerned (take no interest in each other's interests). Contractarian (...) theorists, do not, of course, believe that this is true of real people, but they insist (with Kant) that the basic moral constraints on conduct (if there are any) apply independently of whether individuals care about each other. I shall here argue against the appropriateness of the assumption of mutual unconcern for contractarian theories, such as Gauthier's, that are supposed to ground morality solely in rationality. (shrink)

David Gauthier stages a competition between two arguments, each of which purports to decide once for all transparent agents which is best, being a straight or being a constrained maximizer. The first argument, which he criticizes and rejects, is for the greater utility, on a certain weak assumption, of straight maximization for all transparent agents. The second, which he endorses, is for the greater utility on the same weak assumption of constrained maximization for all transparent agents.In Section I, Gauthier’s account (...) of constrained maximization is presented, and his use in the two arguments of the idea of choosing a disposition to choose actions is noted. Section II is about the unfortunate argument that Gauthier criticizes. This argument is flawed in ways additional to those he notices, but a less ambitious form of reasoning can, for individuals whose probabilities and values are right, be good for the greater expected utility of straight maximization. Section III takes up the argument that Gauthier endorses and maintains that it is wrong in a way specific to it as well as in ways closely related to all of the first argument’s noted flaws. An Appendix features a three-person prisoners’ dilemma and includes demonstrations of principal conclusions reached in the body of this paper. (shrink)

David Gauthier claims that it can be rational to co-operate in a prisoner's dilemma if one has adopted a disposition constraining one's self from maximizing one's individual expected utility, i.e., a constrained maximizer disposition. But I claim cooperation cannot be both voluntary and constrained. In resolving this tension I ask what constrained maximizer dispositions might be. One possibility is that they are rationally acquired, irrevocable psychological mechanisms which determine but do not rationalize cooperation. Another possibility is that they are rationally (...) acquired preference-functions rationalizing cooperation as maximizing. I argue that if they are the first thing, then their adoption fails to make co-operation rational even if, as Gauthier also claims, actions are rational if they express rational dispositions. I then suggest that taking constrained maximizer dispositions to be things of the second sort would result in them being able to make co-operation rational, and that so-taking them therefore serves the bulk and spirit of Gauthier's larger claims, which I reconstruct accordingly. (shrink)

Gauthier's title is potentially misleading. The phrase “morals by agreement” suggests a social contract theory of morality according to which basic moral principles arise out of an actual or hypothetical agreement. John Rawls defends a hypothetical agreement version, arguing that the basic principles of justice are those that would be agreed to in an initial position of fair equality. I myself defend an actual agreement version, arguing that the moral principles that apply to a person derive from implicit conventions the (...) person has accepted in dealing with other people. Gauthier's view is different from either of these sorts of contract theory. Instead, he holds that certain basic principles of impartiality are prior to actual agreements. (shrink)

In his recent paper, “Justice as Fairness: Political not Metaphysical,” John Rawls makes use of a footnote to disown what to many readers must have seemed one of the most striking and original underlying ideas of his theory of justice, that it “is a part, perhaps the most significant part, of the theory of rational choice.” That Rawls should issue this disclaimer indicates, at least in my view, that he has a much clearer understanding of his theory, and its relationship (...) to rational choice than he did at the time that he wrote A Theory of Justice. As I note in Morals by Agreement, Rawls does not show that principles of justice are principles of rational choice. Hence, in appropriating the idea, I can claim diat I am undertaking a pioneering enterprise. No doubt Thomas Hobbes would have undertaken it had the resources of the theory of rational choice been at his disposal, but I do not intend to pursue counterfactuals in a search for historical antecedents. Moral theory as rational choice theory is, I claim, a new venture. (shrink)

Towards the ends of their reviews, Annette Baier and Jean Hampton allow, if only momentarily, the real spectres to surface. Baier writes, ‘Gauthier rightly sees the dangers of exploitation and subjection inherent in a kin-based and affection-dependent morality, so purports to try for something totally different. Even if our moral natures cannot recognize themselves in Gauthier’s version of them, the problem that drives the attempt [for an individualist and unsentimental morality] is a real one, and so far, I think, an (...) unsolved one; unsolved for morality as well as for moral theory.’ Hampton writes, ‘Gauthier will point out that anyone who insists that a human being has objective value must develop a theory that will not only justify that claim but also explain what reason one would ever have for respecting this value. I believe this is a challenge one has no choice but to accept, given what the moral facts are.’. (shrink)

A note ofurgencycan sometimes be heard, even in otherwise unhurried writers, when they ask for a justification of morality. Unless the ethical life, or morality, can be justified by philosophy, we shall be open to relativism, amoralism, and disorder. As they often put it: when an amoralist calls ethical considerations in doubt, and suggests that there is no reason to follow the requirements of morality,what can we say to him?Why should one be moral? This question is nearly as old as (...) the discipline of moral philosophy itself; it has been troubling ethicists ever since Glaucon challenged Socrates to disprove that “the life of the unjust man is much better than that of the just.” To find an answer to the question of why one should be moral has been taken to be one of the most fundamental tasks of moral philosophy. And even a casual survey of the history of ethics will reveal that there are many ways of trying to answer the question. (shrink)

I discuss what learned and innate routines of self and other attribution agents need to possess if they are to enter into cooperative arrangements as described game theoretically. I conclude that these are not so different from belief desire psychology as described by philosophers of mind.