Is morality rational? In this book Gauthier argues that moral principles are principles of rational choice. He proposes a principle whereby choice is made on an agreed basis of cooperation, rather than according to what would give an individual the greatest expectation of value. He shows that such a principle not only ensures mutual benefit and fairness, thus satisfying the standards of morality, but also that each person may actually expect greater utility by adhering to morality, even though the choice (...) did not have that end primarily in view. In resolving what may appear to be a paradox, the author establishes morals on the firm foundation of reason. Gauthier's argument includes an account of value, linking it to preference and utility; a discussion of the curcumstances in which morality is unnecessary; and an application of morals by agreement to relations between peoples at different levels of development and different generations. Finally, he reflects on the assumptions about individuality and community made by his account of rationality and morality. (shrink)

I THE NATURE OF MAN To understand morals and politics, understand man. Leviathan , 'that mortal god, to which we owe under the immortal God, our peace and ...

The Logic of Leviathan The Moral and Political Theory of Thomas Hobbes.

David Gauthier is one of the most outstanding and influential philosophers working in moral theory today, and his book Morals by Agreement has established him as a preeminent defender of contractarian moral theory. This volume brings together a selection of his best essays on contractarianism, many of which have become difficult to find.

The conception of social relationships as contractual lies at the core of our ideology. Indeed, that core is constituted by the intersection of this conception with the correlative conceptions of human activity as appropriate and of rationality as utility-maximizing. My concern is to clarify this thesis and to enhance its descriptive plausibility as a characterization of our ideology, but to undermine its normative plausibility as ideologically effective.

Economic man seeks to maximize utility. The rationality of economic man is assumed, and is identified with the aim of utility-maximization. But may rational activity correctly be identified with maximizing activity? The object of this essay is to explore, and in part to answer, this question.This is not an issue solely, or perhaps even primarily, about the presuppositions of economics. The two great modern schools of moral and political thought in the English-speaking world, the contractarian and the utilitarian, identify rationality (...) with maximization, and bring morality into their equations as well. To the contractarian, rational man enters civil society to maximize his expectation of well-being, and morality is that system of principles of action which rational men collectively adopt to maximize their well-being. To the utilitarian, the rational and moral individual seeks the maximum happiness of mankind, with which he identifies his own maximum happiness. (shrink)

In the days when the Great Central and the Midland ran competitive services from Leicester to London, I agreed to meet your train when you came up from Leicester. “It arrives at 12.5”, you said in your letter. But you neglected to mention which station, and only on the morning of your journey did each of us realize that this matter had been left open. You intended to travel from Leicester Central, it being more convenient for you than London Road, (...) and you supposed that I would be able to infer your intention by consulting Bradshaw, and noting a 12.5 arrival from Leicester at Marylebone. (shrink)

This article contributes to the development of a professional responsibility theory of public relations ethics. Toward that end, we examine the roles of a public relations practitioner as a professional, an institutional advocate, and the public conscience of institutions served. In the article, we review previously suggested theories of public relations ethics and propose a new theory based on the public relations professional's dual obligations to serve client organizations and the public interest.

Law is the expression of public reason. I want to explicate and justify this assertion, which lies at the core of a normative theory of law. Primarily, I want to focus on the concept of public reason, showing what it is, relating it to private or individual reason, and finding its rationale in that relation. I shall then argue that public reason exhausts the normative space where law may be found. Appealing to public reason, I shall show that the authority (...) that law claims over the judgments and actions of citizens must ultimately be grounded in their own rationality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Artificial Virtues and the Sensible Knave1 David Gauthier Hume's account in the Treatise ofthe artificial virtues, their obligation and motivation, resists easy interpretation. Two passages, taken from his discussion of promises, will introduce, the problems I propose to examine. First: No action can be requir'd of us as our duty, unless there be implanted in human nature some actuating passion or motive, capable of producing the action. This motive (...) cannot be the sense of duty. A sense of duty supposes an antecedent obligation: And where an action is not requir'd by any natural passion, it cannot be requir'd by any natural obligation; since it may be omitted without proving any defect or imperfection in the mind and temper, and consequently without any vice. Now 'tis evident we have no motive leading us to the performance of promises, distinct from a sense of duty. If we thought, that promises had no moral obligation, we never shou'd feel any inclination to observe them.... But as there is naturally no inclination to observe promises, distinct from a sense of their obligation; it follows, that fidelity is no natural virtue, and that promises have no force, antecedent to human conventions.2 Ignore for the present the last sentence quoted. Hume seems clearly to be claiming that (1) an action can be a duty only if there is some motive to perform it other than a sense of duty, and (2) there is no motive to perform an act of promise-keeping other than a sense of duty. From (1) and (2) we may infer that (3) an act of promise-keeping can not be a duty. But since the sense of duty motivates an action only ifit is apprehended to be a duty, then from (2) and (3) we may conclude that (4) there is no motive to perform an act of promise-keeping that does not involve the mistaken apprehension that it is a duty. And the second passage: Afterwards a sentiment of morals concurs with interest, and becomes a new obligation upon mankind.... The difficulties, Volume XVIII Number 2 401 DAVID GAUTHIER that occur to us, in supposing a moral obligation to attend promises, we either surmount or elude. For instance; the expression of a resolution is not commonly suppos'd to be obligatory; and we cannot readily conceive how the making use of a certain form of words shou'd be able to cause any material difference. Here, therefore, we feign a new act ofthe mind, which we call the willing an obligation; and on this we suppose the morality to depend. But we have prov'd already, that there is no such act of the mind, and consequently that promises impose no natural obligation. (T 523) This time, ignore for the present the first sentence. The remainder would seem to confirm my reading ofthe first passage. Hume claims that (5) there is no natural obligation to perform an act of promise-keeping, but (6) we feign the willing of such an obligation. If, as Hume has claimed in the previous passage, (2) there is no motivation to perform an act ofpromise-keeping other than a sense ofduty, and if obligation and duty may be taken as equivalent, then we may conclude as before that (4) there is no motive to perform an act of promise-keeping that does not involve the mistaken apprehension that it is a duty. In his theory of the artificial virtues and vices, Hume considers "the three fundamental laws ofnature, thatofthestabilityofpossession, of its transference by consent, and of the performance of promises" (T 526). It would seem, from the passages cited, that Hume must suppose that there is no real obligation to keep promises, but only a feigned obligation. And since the reasoning that Hume employs in the first ofthe passages that I have cited is explicitly identified with "that reasoning, which prov'd justice in general to be an artificial virtue" (T 518), it seems clear that he must also suppose that there is no real obligation to uphold stability of possession and its transference by consent—no real obligation to observe the other laws of justice or equity.3... (shrink)

Psychologists live in a globalizing world where traditional boundaries are fading and, therefore, increasingly work with persons from diverse cultural backgrounds. The Universal Declaration of Ethical Principles for Psychologists provides a moral framework of universally acceptable ethical principles based on shared human values across cultures. The application of its moral framework in developing codes of ethics and reviewing current codes may help psychologists to respond ethically in a rapidly changing world. In this article, a model is presented to demonstrate how (...) to use the Universal Declaration as a guide for creating or reviewing a code of ethics. This model may assist psychologists in various parts of the world in establishing codes of ethics that will promote global understanding and cooperation while respecting cultural differences. The article describes the steps involved in the application of the model and provides concrete examples as well as several useful comments and suggestions. This guide for the application of the Universal Declaration may also be used for consultation, education, and training relative to the Universal Declaration of Ethical Principles for Psychologists. (shrink)

I want to enquire into the relationship between the normative claims of a society and the normative stances of its members. I shall develop a contractarian perspective, as the only one available to persons who may neither expect nor require their fellows to share their own orientation to values and norms. Although I only touch on these matters here, I hope to contribute to an interpretation of the clauses on the establishment and exercise of religion in the First Amendment to (...) the United States constitution, and to suggest guidelines for determining rights and duties in becoming and being a parent. More generally, I offer answers to certain questions about how social practices and institutions may be justified in a democratic society. (shrink)

Current discussion of the normative issues surrounding secession is both helped and hindered by the existence of but one philosophic treatment of these issues sufficiently systematic and comprehensive to qualify as a theory of secession - Allen Buchanan’s. He provides the unique focal point, and so simplifies the task of those who seek to begin from the present state of the art. But in providing the unique focal point, Buchanan complicates the task of those who view, or think they view, (...) secession rather differently than he does. He defends ’a moral right to secede’ but a very qualified right, focusing on state-perpetrated injustice, the preservation of group culture and, in extreme cases, the literal survival of group members. And Buchanan further insists that where preservation of group culture is at stake, ’Neither the state nor any third party has a valid claim to the seceding territory’ -or such a claim is waived so that ’secession in order to preserve a culture is permissible if both parties consent to it’- a condition that he thinks may come to apply to the situation of Quebec. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Artificial Virtues and the Sensible Knave1 David Gauthier Hume's account in the Treatise ofthe artificial virtues, their obligation and motivation, resists easy interpretation. Two passages, taken from his discussion of promises, will introduce, the problems I propose to examine. First: No action can be requir'd of us as our duty, unless there be implanted in human nature some actuating passion or motive, capable of producing the action. This motive (...) cannot be the sense of duty. A sense of duty supposes an antecedent obligation: And where an action is not requir'd by any natural passion, it cannot be requir'd by any natural obligation; since it may be omitted without proving any defect or imperfection in the mind and temper, and consequently without any vice. Now 'tis evident we have no motive leading us to the performance of promises, distinct from a sense of duty. If we thought, that promises had no moral obligation, we never shou'd feel any inclination to observe them.... But as there is naturally no inclination to observe promises, distinct from a sense of their obligation; it follows, that fidelity is no natural virtue, and that promises have no force, antecedent to human conventions.2 Ignore for the present the last sentence quoted. Hume seems clearly to be claiming that (1) an action can be a duty only if there is some motive to perform it other than a sense of duty, and (2) there is no motive to perform an act of promise-keeping other than a sense of duty. From (1) and (2) we may infer that (3) an act of promise-keeping can not be a duty. But since the sense of duty motivates an action only ifit is apprehended to be a duty, then from (2) and (3) we may conclude that (4) there is no motive to perform an act of promise-keeping that does not involve the mistaken apprehension that it is a duty. And the second passage: Afterwards a sentiment of morals concurs with interest, and becomes a new obligation upon mankind.... The difficulties, Volume XVIII Number 2 401 DAVID GAUTHIER that occur to us, in supposing a moral obligation to attend promises, we either surmount or elude. For instance; the expression of a resolution is not commonly suppos'd to be obligatory; and we cannot readily conceive how the making use of a certain form of words shou'd be able to cause any material difference. Here, therefore, we feign a new act ofthe mind, which we call the willing an obligation; and on this we suppose the morality to depend. But we have prov'd already, that there is no such act of the mind, and consequently that promises impose no natural obligation. (T 523) This time, ignore for the present the first sentence. The remainder would seem to confirm my reading ofthe first passage. Hume claims that (5) there is no natural obligation to perform an act of promise-keeping, but (6) we feign the willing of such an obligation. If, as Hume has claimed in the previous passage, (2) there is no motivation to perform an act ofpromise-keeping other than a sense ofduty, and if obligation and duty may be taken as equivalent, then we may conclude as before that (4) there is no motive to perform an act of promise-keeping that does not involve the mistaken apprehension that it is a duty. In his theory of the artificial virtues and vices, Hume considers "the three fundamental laws ofnature, thatofthestabilityofpossession, of its transference by consent, and of the performance of promises" (T 526). It would seem, from the passages cited, that Hume must suppose that there is no real obligation to keep promises, but only a feigned obligation. And since the reasoning that Hume employs in the first ofthe passages that I have cited is explicitly identified with "that reasoning, which prov'd justice in general to be an artificial virtue" (T 518), it seems clear that he must also suppose that there is no real obligation to uphold stability of possession and its transference by consent—no real obligation to observe the other laws of justice or equity.3... (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)

Are Hobbes's laws of nature to be understood primarily as theorems of reason, or as commands of God, or as commands of the civil sovereign? Each of these accounts can be given textual support; each identifies a role that the laws may be thought to play. Examining the full range of textual references, discussing the place of the laws of nature in Hobbes's argument, and considering how the laws may be known, give strongest support to the first of the three (...) accounts, that the laws are primarily rational precepts and only secondarily civil and divine commands. (shrink)

Here a group of philosophers, economists and political theorists discuss the work of David Gauthier, which seeks to show that rational individuals would accept certain moral constraints on their choices. The possibilities and limitations of a contractarian approach to issues of justice is analyzed.

This papers attempts to bridge business ethics to corporate social responsibility including the social and environmental dimensions. The objective of the paper is to suggest an improvement of the most commonly used corporate environmental management tool, the Life Cycle Assessment (LCA). The method includes two stages. First, more phases are added to the life-cycle of a product. Second, social criteria that measure the social performance of a product are introduced. An application of this “extended” LCA tool is given.

Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.

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)

David Gauthier; XII*—In the Neighbourhood of the Newcomb-Predictor (Reflections on Rationality), Proceedings of the Aristotelian Society, Volume 89, Issue 1, 1.

Mention of the name of Friedrich Schiller among both critics and defenders of Kant's moral philosophy has most often been with reference to the well known quip:“Gladly I serve my friends, but alas I do it with pleasure.Hence I am plagued with doubt that I am not a virtuous person.““Sure, your only resource is to try to despise them entirely,And then with aversion to do what your duty enjoins you.''This attention, however, has served to obscure the fact that Schiller truly (...) intended his remark as a joke, representing a serious, if understandable, misinterpretation of Kantian morality. Though Schiller's various attempts to articulate a theory of moral motivation include important divergences from Kant's account, they represent a response to a set of problems that arise in the context of Kantian moral theory. As such, they may be of greatest interest to moralists who are working within the Kantian tradition. In this paper, I clarify certain points of Schiller's critique of Kant's account of moral motivation and place them in the context of his broader project of reconciling Kantianism and an ethics of virtue. (shrink)

The Covid-19 pandemic has affected not only the health of populations but also their everyday social practices, transformed by orienting to risks of contagion and to health prevention discourses. This paper emanates from a project investigating the impact of Covid-19 on human sociality and more particularly the situated and embodied organization of social interactions. It discusses how Covid-19 impacts the design of ordinary actions in social interaction, how this is made publicly accountable by the participants orienting to the pandemic in (...) formatting their actions and in responding to the actions of others. Adopting an ethnomethodological and conversation analytic perspective, the analyses focus on a particular social activity: paying. The organization of payments in shops and services has been affected by the pandemic, not only by official regulations, favoring some modes of payment over others, but also in how sellers and customers situatedly adapt their practices to imperatives of prevention. On the basis of a rich corpus of video-recorded data, which spans from the pandemic’s prodromes to and after its peak, we show how money transfer is methodically achieved – imposed, negotiated, and readjusted – while variously taking into account possible risks of contagion. Thus, we show not only how pandemics affect social interaction, and how prevention is incarnated in social actions, but also how, in turn, situated solutions implemented by people during the pandemic reveal fundamental features of human action. (shrink)

To sell a new drug, pharmaceutical companies must discover a compound, run clinical trials to test its efficacy and safety, get it approved by regulatory bodies, produce the drug, and market it. As this process brings the drug through so many hands, there are risks of many kinds of corruption. The pharmaceutical industry has recently gone from being one of the most admired industries to being described by the majority of Americans as “dishonest, unethical, and more concerned with profits than (...) with individual and public health.” Legal scholar Marc Rodwin suggested that the pharmaceutical industry can be viewed through the lens of institutional corruption as defined by legal scholar Lawrence Lessig, whereby widespread or systemic practices undermine the main purposes of drug therapy — healing illness, preventing medical problems, and alleviating suffering. Many drugs do serve these goals, yet a significant number of drugs churned out by pharmaceutical companies are ineffective or have dangerous side effects that could have been predicted had the companies conducted the appropriate research. (shrink)