This book develops a novel multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies which may be populated by liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents alike. The book draws on the history of the social contract tradition, especially the work of Hobbes, Hume, Kant, (...) Rawls, and Gauthier, as well as on the work of some of the critics of this tradition, such as Sen and Gaus. The two-level contractarian theory holds that morality in its best contractarian version for the conditions of deeply morally pluralistic societies entails Humean, Hobbesian, and Kantian moral properties. The theory defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. The theory minimizes the problem of compliance for morally diverse societies by maximally respecting the interests of all members of society. Despite its ideal nature, the theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral diversity, is unattainable. If Rawls’ intention was to carry the traditional social contract argument to a higher level of abstraction, then the two-level contractarian theory brings it back down to earth. (shrink)

Central to the Rawls–Harsanyi dispute is the question of whether the core modeling device of Rawls' theory of justice, the original position, justifies Rawls' principles of justice, as Rawls suggests, or whether it justifies the average utility principle, as Harsanyi suggests. Many commentators agree with Harsanyi and consider this dispute to be primarily about the correct application of normative decision theory to Rawls' original position. I argue that, if adequately conceived, the Rawls–Harsanyi dispute is not primarily a dispute about the (...) correct application of normative decision theory to Rawls' original position. Instead, Rawls and Harsanyi aim to model different moral ideals, and this difference in their moral assumptions leads them to significantly different conclusions about justice. There is no winner in the Rawls–Harsanyi dispute. Instead, the dispute merely clarifies the moral ideals and their formal representations that need to be assumed in order to justify either Rawls' contractualist principles of justice or the average utility principle. Thus understood, the Rawls–Harsanyi dispute offers a promising starting point for future research that can deepen and enrich our understanding of the demands of justice. (shrink)

It is argued that the Nash bargaining solution cannot serve as a principle of distributive justice because (i) it cannot secure stable cooperation in repeated interactions and (ii) it cannot capture our moral intuitions concerning distributive questions. In this article, I propose a solution to the first problem by amending the Nash bargaining solution so that it can maintain stable cooperation among rational bargainers. I call the resulting principle the stabilized Nash bargaining solution. The principle defends justice in the form (...) 'each according to her basic needs and above this level according to her relative bargaining power'. In response to the second problem, I argue that the stabilized Nash bargaining solution can serve as a principle of distributive justice in certain situations where moral reasoning is reduced to instrumental reasoning. In particular, I argue that rational individuals would choose the stabilized Nash bargaining solution in Rawls' original position. (shrink)

In The Order of Public Reason (2011a), Gerald Gaus rejects the instrumental approach to morality as a viable account of social morality. Gaus' rejection of the instrumental approach to morality, and his own moral theory, raise important foundational questions concerning the adequate scope of instrumental morality. In this article, I address some of these questions and I argue that Gaus' rejection of the instrumental approach to morality stems primarily from a common but inadequate application of this approach. The scope of (...) instrumental morality, and especially the scope of pure moral instrumentalism, is limited. The purely instrumental approach to morality can be applied fruitfully to moral philosophy only in situations of extreme pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of a society do not share, as assumed by traditional moral theories, a consensus on moral ideals as a basis for the derivation of social moral rules, but only an end that they aim to reach. Based on this understanding, I develop a comprehensive two-level contractarian theory that integrates traditional morality with instrumental morality. I argue that this theory, if implemented, is most promising for securing mutually beneficial peaceful long-term cooperation in deeply pluralistic societies, as compared to cooperation in a non-moralized state of nature. (shrink)

In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are necessary (...) to implement the derived principle. The analysis demonstrates the moral significance of the weak principle of universalization and its epistemic advantage over the categorical imperative. (shrink)

Harsanyi defends utilitarianism by means of an axiomatic proof and by what he calls the 'equiprobability model'. Both justifications of utilitarianism aim to show that utilitarian ethics can be derived from Bayesian rationality and some weak moral constraints on the reasoning of rational agents. I argue that, from the perspective of Bayesian agents, one of these constraints, the impersonality constraint, is not weak at all if its meaning is made precise, and that generally, it even contradicts individual rational agency. Without (...) the impersonality constraint, Harsanyi's two justifications of utilitarianism on the grounds of Bayesian rationality fail. As an alternative, I develop a contractarian framework that is compatible with individual rational agency and Harsanyi's central assumptions, and that allows the derivation of moral conclusions on the grounds of Bayesian rationality. The developed framework offers a novel justification of contractarian ethics and may best be described as a combined version of Harsanyi's equiprobability model and Rawls's original position. (shrink)

This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and has (...) much to offer to contemporary moral philosophy. (shrink)

In this article, I argue that if one closely follows Hobbes' line of reasoning in Leviathan, in particular his distinction between the second and the third law of nature, and the logic of his contractarian theory, then Hobbes' state of nature is best translated into the language of game theory by an assurance game, and not by a one-shot or iterated prisoner's dilemma game, nor by an assurance dilemma game. Further, I support Hobbes' conclusion that the sovereign must always punish (...) the Foole, and even exclude her from the cooperative framework or take her life, if she defects once society is established, which is best expressed in the language of game theory by a grim strategy. That is, compared to existing game-theoretic interpretations of Hobbes, I argue that the sovereign plays a grim strategy with the citizens once society is established, and not the individuals with one another in the state of nature. (shrink)

In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...) to the state of nature. I argue that McClennen’s full cooperators are best described as reasonable agents whose rationality is constrained by moral considerations and that McClennen’s bargaining theory is moralized in this regard. If, by contrast, the orthodox concept of rationality is assumed and plausible assumptions are made about human nature and social cooperation, then a modified version of the standard Nash bargaining solution, which I call the stabilized Nash bargaining solution (Moehler 2010), is justified. From the perspective of rational agents, the stabilized Nash bargaining solution can accommodate McClennen’s criticisms of the standard Nash bargaining solution in the context of the social contract and, for such agents, it can serve as a principle of distributive justice in deeply morally pluralistic societies. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Social contract theory enjoys a long history in moral and political philosophy. Since the European Enlightenment, social contract theory has become one of the most important traditions in moral and political philosophy. This chapter provides a brief introduction to central concepts in social contract theory and their development over time. Most importantly, the chapter clarifies some of the distinct features of new approaches to social contract theory (or “new social contract theory” for short) that have evolved in the twenty-first century (...) and are most suitable for capturing the circumstances of contemporary societies, even if new social contract theory does not constitute a unified theoretical position but is best considered as a family of approaches, methods, and topics. The chapter also provides an overview of the contributions to this book and their connections both methodologically and thematically. (shrink)

Abstract. In Minimal Morality (2018), I develop a multilevel social contract theory that accommodates deep moral pluralism. In this article, I reply to comments by Gaus, Van Schoelandt and Cooper concerning the three core projects of the book that aim to (i) revive orthodox rational choice contractarianism as a viable approach to the social contract, (ii) integrate this approach into a comprehensive social contract theory and (iii) show the applicability of the theory to the real world. My replies clarify some (...) of the main features of the theory, defend its core projects and expand discussion of some of its details in order to show that the theory can address the challenges raised. (shrink)

Moral diversity poses significant challenges for normative theory building, because no particular conception of justice may be agreeable to all members of society. Polycentrism offers a potential solution by allowing a plurality of local regulative principles. For deeply diverse societies, however, polycentrism fails conceptually. This chapter argues that Moehler’s (2018) multilevel social contract theory can overcome this problem. The theory disposes the quest for justice as the sole and exclusive objective and considers agents’ liberty and peaceful interaction as the primary (...) goals of (new) social contract theory and the basis for an open society. To clarify its nature, the chapter contrasts the vision of the open society provided by Moehler’s theory with the vision provided by Gaus’s (2021) theory. Both theories move beyond polycentrism and offer promising versions of a ‘new social contract’ that shows how diverse societies can progress and become more robust and open in their social fabric. (shrink)

This article discusses the use of orthodox rational choice theory in the context of moral contractarianism. The article’s goals are threefold. First, the article clarifies the nature of moral contractarianism and corrects a fundamental misconception. Second, it responds to criticism that follows from this misconception. It shows that the criticism either misconstrues the nature of moral contractarianism or does not apply. Third, the article clarifies the limited role that formalization can play in the context of moral contractarianism. At best, such (...) formalization complements and, at worst, distracts from the true nature of the theory and, more generally, from the central role that the context of choice plays for the justification of moral principles in contractarian moral theory. (shrink)

In a recent article, Gauthier rejects orthodox rational choice contractarianism in favor of a revisionist approach to the social contract that, according to him, justifies his principle of maximin proportionate gain as a principle of distributive justice. I agree with Gauthier that his principle of maximin proportionate gain cannot be justified by orthodox rational choice contractarianism. I argue, however, that orthodox rational choice contractarianism, before and after Gauthier, is still a viable approach to the social contract, although the scope of (...) this approach is limited. Orthodox rational choice contractarianism can be applied fruitfully to moral philosophy only in situations of deep moral pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of society do not share, as assumed by traditional moral theories, a consensus on moral ideals as traditionally conceived as a starting point for the derivation of moral rules but only an overarching end that they aim to reach. If orthodox rational choice contractarianism is applied adequately, then it offers a viable approach to the social contract that, in contrast to Gauthier’s theory, justifies a rival principle for distributive conflicts that is valid for deeply morally pluralistic societies. (shrink)

In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...) 1797), and some of their contemporary followers, such as Rawls (1971) and Gauthier (1986). In its simplified form, the theory combines what I call traditional first-level morality with second-level pure instrumental morality and derives, in the form of the weak principle of universalization, a principle of conflict resolution that defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. I argue that, despite its ideal nature, this theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral pluralism, is unattainable. (shrink)

Contemporary moral contractarianism originates with Hobbes’s moral theory. When considering the structure of Hobbes’s moral theory, however, it is often argued that moral contractarianism does not justify any specific moral demands concerning questions of climate change because currently no global Leviathan in Hobbes’s sense exists that could enforce any such demands in our world. I do not dispute the fact that currently no global Leviathan in Hobbes’s sense exists in our world. Nevertheless, I argue that Hobbesian moral contractarianism offers an (...) adequate moral framework to guide our considerations concerning questions of climate change. Methodologically, the approach is sufficiently pluralistic to consider ethical and economic considerations as well as political feasibility constraints. Conceptually, I argue that, despite the fact that currently no global Leviathan in Hobbes’s sense exists in our world, a Hobbesian-inspired modus vivendi is sufficient as a starting point to address some of the most pressing issues of climate change in our world. Specifically, I argue that the shift in climate change negotiations from the Kyoto Protocol to the Paris Agreement could be considered to be guided by reasoning that underlies Hobbesian moral contractarianism. (shrink)

In this article, I defend the veil of ignorance against the objection that the device is inadequate for deriving demands of justice, because the veil of ignorance purportedly enforces a stronger form of impartiality than Kant’s categorical imperative and, primarily as a consequence, it generally leads to non-prioritarian conclusions. I show that the moral ideal of impartiality that is expressed by the veil of ignorance is not essentially different from Kant’s notion of impartiality and that it does not generally lead (...) to non-prioritarian conclusions. Although the moral ideal of impartiality that is modeled by the veil of ignorance demands solid justification for favoring particular positions of society, it generally does not rule out prioritarianism. Rather, the non-prioritarian conclusions reached by many theories of justice that rely on veil of ignorance reasoning are a result of the complex structures of these theories and the way that they combine and weigh different moral ideals, as well as their informational bases. (shrink)

The history of contractarian moral theory is long and varied. It includes the classic social contract theories of Hobbes (1651), Hume (1739/1740), and Kant (1785) as well as modern versions of these theories, such as those of Gauthier (1986), Scanlon (1998), Darwall (2006), and Southwood (2010). In Minimal Morality: A Multilevel Social Contract Theory (2018), I continue this tradition by developing a ‘multilevel social contract theory’ that combines Humean, Hobbesian, and Kantian moral features. In this article, I reply to comments (...) by Fred D’Agostino, John Thrasher, Christopher W. Morris, and Peter Vanderschraaf. I am deeply grateful for these commentators’ constructive and engaging comments that, in their own way, shed light on core assumptions and features of the theory. Due to space restrictions, I focus on what I consider to be the main criticisms and have organized my responses thematically. I hope that doing so will also help readers who are less familiar with my work to understand the relevance of multilevel social contract theory for morally diverse societies. (shrink)

The practical phenomenon of moral diversity is a central feature of many contemporary societies and poses a distinct problem to moral theory building. Because of its goal to settle the moral question fully and exclusively and/or to provide better understanding of moral disagreement, traditional first-order moral theory often does not provide sufficient guidance to address this phenomenon and moral agency in deeply morally diverse societies. In this article, I move beyond traditional first-order moral theorizing and, based on multilevel social contract (...) theory (Moehler 2018, 2020a), develop a practically sound notion of moral agency for morally diverse societies. The interrelational and dynamic notion of integrated moral agency developed in this article demands that agents actively exercise their rational and affective capacities, are receptive to the capacities of others, and are aware of the type of moral interaction in which they engage with others. The notion of integrated moral agency helps agents to reconcile conflicting first-order moral directives and to maximally protect agents’ autonomy in morally diverse societies. (shrink)

In this article, I defend a democratic form of the productivist welfare state. I argue that this form of the state can best cope, theoretically and practically, with the diversity of deeply morally pluralistic democratic societies for two reasons. First, the justification of this form of the state rests solely on general facts about human nature, basic human needs, and efficiency considerations in a world of moderately scarce resources. Second, this state does not aim to promote a specific view of (...) justice, but human flourishing more generally, expressed in terms of individual and collective productivity. The proposed democratic productivist welfare state supports its citizens up to the level that allows them to develop and exercise their talents and abilities without providing incentives for free riding. I argue that, under the specific empirical circumstances that I describe, in particular certain informational restrictions concerning the precise productive and destructive capacities of the members of society in practice and the soundness of the Aristotelian principle, this goal may best be achieved in practice by the introduction of an unconditional basic income at subsistence level, if society is sufficiently developed economically to provide such an income. On productivist grounds, such an unconditional subsistence income also addresses, pragmatically and partially, the problem of historical injustices against the weakest members of society and provides all group members with the means for democratic participation. (shrink)

The term neoclassical economics delineates a distinct and relatively homogenous school of thought in economic theory that became prominent in the late nineteenth century and that now dominates mainstream economics. The term was originally introduced by Thorstein Veblen to describe developments in the discipline (of which Veblen did not entirely approve) associated with the work of such figures as William Jevons, Carl Menger, and Leon Walras. The ambition of these figures, the first neoclassicists, was to formalize and mathematize the subject (...) in the aftermath of the so-called marginalist revolution. Economics is, according to one definition, the science that studies human behavior as a relationship between ends and scarce means that have alternative uses. Neoclassical economics pursues this study by means of supply and demand models that determine prices based on the subjective preferences of producers and consumers. Neoclassical economics relies on subjective preferences for determining prices in order to escape from the so-called objective value theory of classical economics, according to which the value of goods could be established by reference to some basic commodity (usually corn) or the labor input required to produce a good. Neoclassicists hoped that by jettisoning objective value, economics could be placed on a more scientific basis as an essentially descriptive and predictive theory of human behavior. Political theory, by contrast, involves both positive and normative elements. It is a positive science to the extent to which it aims to describe and predict political behavior. It is a normative science to the extent to which it prescribes how agents should behave in the political arena and what the best political institutions are. Neoclassical economics is relevant to both of these elements. (shrink)

This book features new approaches to social contract theory. Whereas traditional social contract theories and their adaptations in the twentieth century were developed for fairly homogeneous societies, societies in the twenty-first century often are characterized by conflicting first-order directives that stem from deep moral, political, religious, and cultural diversity. To address such diversity and the complexities of contemporary societies, new approaches (including formal approaches) to social contract theory have emerged that re-envision the social contract for a fragmented and sometimes polarized, (...) yet interdependent social world. New social contract theory explores how, in a world of continuous disagreement on questions of justice, in particular the ideals of liberty and equality, society can not only progress, but also flourish and become more robust and open in its social fabric. This book brings together, for the first time, defenders and discussants of new social contract theory. It includes contributions by eminent and emerging scholars in this field. The book clarifies the distinct features of new social contract theory and provides a valuable starting point for discussion of this novel movement in social contract theory. (shrink)

For more than twenty years, Peter Vanderschraaf’s work has combined rigorous game-theoretic analysis, innovative use of (social) scientific method, and normative analysis in the context of the social contract. Vanderschraaf’s work has influenced a significant interdisciplinary field of study and culminated in the publication of his book, Strategic Justice: Convention and Problems of Balancing Divergent Interests (OUP, 2019). Building upon his previous work, Vanderschraaf developed a new theory of justice (justice-as-convention) that, despite a mutual advantage approach, considers the most vulnerable (...) members of society and defends the egalitarian bargaining solution. To advance his theory, Vanderschraaf proposes an account of conventions that updates and systematizes David Lewis’s account of conventions, drawing on contemporary developments in game theory and economics. This topical collection brings together game theorists, philosophers, economists, and political scientists to discuss themes from Vanderschraaf’s work. The collection bridges a gap among disjoint but closely related literatures in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the social contract in order to advance dialogue among scholars in this rich and growing field of study. (shrink)