Bargaining and distribution of benefits accruing from social cooperation are central topics in contractarian accounts of morality or distributive justice in general and David Gauthier’s Morals by Agreement in particular. In this paper, I raise some problems for MbA both with regards to bargaining over the benefits of social cooperation and the distribution of such benefits. The worries I raise piggyback on a couple of Jan Narveson’s earlier queries of some of the topics in MbA: those of ‘questionable foundation’ and (...) redundancy. However, I go beyond the substance of these queries by arguing that they raise fundamental worries about the correctness of the description of the elements of the bargaining situation, and the role and significance of agreement in MbA. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of (...) class='Hi'>contractarianism likely rest on a disputable moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

Contractarianism is more inclusive than critics (and, indeed, Gauthier) sometimes suggest. Contractarianism can justify equal moral standing for human persons (in some respects) and provide sufficient moral standing for many nonhuman animals to require what we commonly call decent treatment. Moreover, contractarianism may allow that some entities have more moral standing than others do. This does not necessarily license the oppression that liberal egalitarians rightly fear. Instead, it shows that contractarianism may support a (...) nuanced account of moral status. (shrink)

This book argues that contractarianism is well suited as a political morality and explores the implications of deploying it in this way. It promises to revive contractarianism as a viable political theory, breaking it free from its Rawlsian moorings while taking seriously the long-standing objections to it. It's natural to think that the state owes things to its people: physical security, public health and sanitation services, and a functioning judiciary, for example. But is there a theory--a political morality--that (...) can explain why this is so and who the state's people are? This new contractarianism deploys a reversed state of nature thought experiment as the starting point of political theorizing. From this starting point it develops a political morality: a theory of the common ground of the role moralities attached to the various roles within the state. Contractarianism, so understood, can provide a basis for already popular ideas in political theory--such as political and legal liberalism--and overturn conventional wisdom, for example that the state is obligated to secure justice and that animals should have no legal standing. Contractarianism, Role Obligations, and Political Morality will be of interest to scholars and advanced students working in moral and political philosophy. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

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)

David Gauthier's Morals by Agreement is the most complete and suggestive contractarian theory of morality since the work of Rawls. In this anthology a number of prominent moral and political philosophers offer a critical assessment of Gauthier's theory and its three main projects: developing a contractarian foundation for morality, defending a theory of rational choice, and supporting the claim that rationality requires one to keep one's agreements. An introduction sets out Gauthier's project, while Gauthier himself has the last word, (...) responding to the critiques. This collection will interest moral and political philosophers, social theorists, and specialists in the philosophy and theory of law as well as management sciences. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. (...) Cohen, who contends that we have other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

In this paper I argue that David Gauthier’s answer to the Why be moral? question fails. My argument concedes the possibility of constrained maximization in all the senses Gauthier intends and does not rely on the claim that it is better to masquerade as a constrained maximizer than to be one. Instead, I argue that once a constrained maximizer in the guise of "economic man" is transformed through an affective commitment to morality into a constrained maximizer in the guise (...) of the "liberal individual," then a purely rational justification for morality must become invisible to the latter. If I can show this, then I can show that rational justification can have no motivational power for the "liberal individual" and that Gauthier fails to answer the problem of moral motivation. (shrink)

Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, (...) and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy. (shrink)

_ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key (...) figures such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (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)

Several different positions are classified as contractarian. Though there are variations among them, they all include the assumption that practical or action-guiding principles, among which are principles of moral justification and of political legitimacy, somehow have their basis in consent. A contractarian may or may not believe that there are other practical principles that are based on or justified by something besides consent. If he believes there are any others, there will be delicate issues to address as to whether (...) they yield prescriptions incompatible with prescriptions arising from the appropriate kind of consent. Roughly speaking, contractarians could be ordered in terms of the weight that they attach to principles grounded in consent. If we call the appropriate kind of consent contractual, then there are several options available, ranging from the admission of nothing but contract-based principles to the admission of noncontract-based principles that can sometimes conflict with principles based on contract. The pure form of contractarianism which will be our main focus admits only contract-based principles. (shrink)

_ Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures (...) such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (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)

For liberal contractarians, moral and political principles are justified if agreeable to persons as free and equals. But for critics of liberal contractarianism, this justification applies only to those capable of agreement. Understanding why contractarianism suffers from the problem of exclusion helps up understand the distinctive character of contractarianism and the importance of agreement in particular. I suggest contractarianism need not be objectionably exclusive. I first consider why agreement is important in contractarianism, and then (...) introduce the main versions of contemporary contractarianism and their different understandings of agreement. I discuss how agreement results in exclusion in each, and distinguish two kinds of response to the problem of exclusion: differential inclusion and permissive inclusion. Differential inclusion is unsuccessful because it offers those not fully capable of agreement unequal status. Permissive inclusion may either make the circumstances of agreement more open, or characterize the capacities required for inclusion more permissively. I advocate the latter as the most promising response to the problem of exclusion. I outline a more inclusive contractualism based on the capacity to share goals. (shrink)

It is widely accepted, by both friends and foes of animal rights, that contractarianism is the moral theory least likely to justify the assigning of direct moral status to non-human animals. These are not, it is generally supposed, rational agents, and contractarian approaches can grant direct moral status only to such agents. I shall argue that this widely accepted view is false. At least some forms of contractarianism, when properly understood, do, in fact, entail that (...) non-human animals possess direct moral status, independently of their utility for rational agents, and independently of whatever interests rational agents may have in them. The version of contractarianism I shall focus upon is that defended by John Rawls. (shrink)

In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts (...) the welfare of some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)

Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, (...) and the maintenance and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy. (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each (...) agent has the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (shrink)

The title of this book Perspectives in Social Contract Theory is appropriate because it is a collection of different approaches to the social contract tradition. This is a rich and long tradition that stretches as far back as Thomas Hobbes, which he developed in a number of his works in political philosophy. The chapters in this book fourteen of them engage with, develop and advance various ideas of this tradition. The fourteen chapters are divided into five parts: PART I: What (...) is Contractualism and Contractarianism?; PART II: Contract, Consent and Equality; PART III: Contractualism of Rawls and Jean-Jacques Rousseau; PART IV: Contractarianism Moral and Dynamic; and PART V: Social Contract Theory and African Tradition. While some of the papers raise and discuss issues in connection with specific aspects of contractarianism and contractualism, namely, Hegel s and Rawls contractualism, the contractarianism of Jean-Jacques Rousseau and David Gauthier, others discuss general issues concerning social contract theory, such as contractarianism as dynamic, the status of consent, equality, and obligations in the social contract tradition. In addition, some papers extend social contract theory to include an African perspective, for example, African social contract in the context of human rights, Ubuntu and social contract theory, social contract and traditional African consensual democracy. (shrink)

Social Contract theorists and animal advocates seem to have agreed to go their separate ways. Contractarians have avoided attempting to address an issue that seems destined to prove embarrassing for the theory given the current political climate. It is largely thought that contractarianism affirms the meager moral standing commonly attributed to most animals. In the face of this consensus, animal advocates who feel the need to philosophically ground the moral status of animals have turned to other potential (...) sources. This is not a hard choice for animal advocates to make: utilitarianism is a respectable moral theory that affords animals moral consideration with relative ease. Nevertheless, we argue that this separation is a mistake. Contractarians can offer an account of the moral status of animals that is at least as compelling as that offered by utilitarianism. Grounding the moral worth of animals in contract theory also produces an importantly different account, one that can ground animal rights, as opposed to mere considerability, which some animal advocates will find more appealing than the utilitarian alternative. (shrink)

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)

There is a problem within contractarian ethics that I wish to resolve. It concerns individual preferences. Contractarianism holds that morality, properly conceived, can satisfy individual preferences and interests better than amorality or immorality. What is unclear, however, is whether these preferences are those individuals actually hold or those that they should hold. The goal of my thesis is to investigate this question. I introduce a version of contractarian ethics that relies on individual preferences in a manner more stringent than (...) has been in the literature to date. "Occurrent contractarianism," as I have called it, is rooted in our social-psychological state. Given the characteristics we have, and given the social situation in which we are embedded, the best resolve we have of furthering our individually defined preferences is to adopt and adhere to a moral system. Occurrent contractarianism remains true to the original contractarian insight; that morality is a rational institution, capable of being designed for and adhered to even by non-tuistic rational beings following merely their own occurrent preferences. (shrink)

This 1994 book constitutes a sustained, comprehensive, and rigorous critique of contemporary Hobbesian contractarianism as expounded in the work of Jean Hampton, Gregory Kavka, and David Gauthier. Professor Kraus argues that the attempts by these three philosophers to use Hobbes to answer current political and moral questions fail. The reasons why they fail are related to fundamental problems intrinsic to Hobbesian contractarianism: first, the problem of collective action arising out of the tension in Hobbes's theory between individual (...) and collective rationality; second, the classical problem of explaining the normative force of hypothetical action, a problem that can be traced to the conflicting strategies of hypothetical justification found in Rawls's and Hobbes's theories. Given the deep interest in Hobbesian contractarianism among philosophers, political theorists, game theorists in economics and political science, and legal theorists, this book is likely to attract wide attention and infuse life into the contractarian debate. (shrink)

RésuméUne justification d'institutions morales ou politiques doit fournir aux gens une motivation pour agir en conformité avec ses diktats. Cela étant admis, je soutiens que le contractualisme est la seule méthode plausible par laquelle une telle justification puisse être fournie. Les contractualistes soutiennent que les institutions morales ou politiques sont justifiées dans la mesure où elles seraient le résultat d'une entente conclue par des agents rationnels. Les agents rationnels agissent de façon à maximiser lew utilité attendue. Lorsque tous les facteurs (...) sont pris en considération, une entente conclue par des agents rationnels doit done maximiser leur utilité attendue. À partir de cela, et de l'observation du lieu commun selon lequel des personnes différentes ont des préférences différentes, je soutiens que les justifications contractualistes sont relatives à la fois sur le plan normatif et sur leplan méta-éthique. Tant les règies ainsi justifiées que la procédure employée pour produire la justification doivent être identifiées relativement à des populations particulières. (shrink)

RÉSUMÉ: Une justification d’institutions morales ou politiques doit fournir aux gens une motivation pour agir en conformité avec ses diktats. Cela étant admis, je soutiens que le contractualisme est la seule méthode plausible par laquelle une telle justification puisse être fournie. Les contractualistes soutiennent que les institutions morales ou politiques sont justifiées dans la mesure où elles seraient le résultat d’une entente conclue par des agents rationnels. Les agents rationnels agissent de façon à maximiser leur utilité attendue. Lorsque tous les (...) facteurs sont pris en considération, une entente conclue par des agents rationnels doit donc maximiser leur utilité attendue. À partir de cela, et de l’observation du lieu commun selon lequel des personnes différentes ont des préférences différentes, je soutiens que les justifications contractualistes sont relatives à la fois sur le plan normatif et sur le plan méta-éthique. Tant les règles ainsi justifiées que la procédure employée pour produire la justification doivent être identifiées relativement à des populations particulières. (shrink)

This study provides a representation of the broad spectrum of theoretical work on topics related to business ethics, with a particular focus on corporate citizenship. It considers relations of business and society alongside social responsibility and moves on to examine the historical and systemic foundations of business ethics, focusing on the concepts of social and ethical responsibilities. The contributors explore established theories and concepts and their impact on moral behaviour. Together, the contributions offer varied philosophical theories in approaches to (...) business ethics. The book will be a valuable resource for academics and researchers with an interest in the theoretical development of business ethics. -/- Reviews: 'The rapidly expanding business ethics field is often populated by thinly theorised work. This book is a welcome exception. It is also distinctive in that it embraces a clear macro perspective whereas much of the debate is rather stuck at the level of the individual or the organisation. As such the book has a distinctively European flavour and should be considered as an intellectually stimulating collection offering original perspectives on business ethics.' Laura J. Spence, Royal Holloway, University of London, UK -/- 'This book makes an important contribution to our knowledge and understanding of corporations especially in the areas of corporate citizenship and responsibility as well as ethics and economic ethics. In addition the relationship of these areas with the social contract is well argued.' Australian Journal of Corporate Law. (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)

This book presents a selection of David Gauthier's writings on Thomas Hobbes and the theory of political contractarianism. The essays cover topics including Hobbes on law, social contract theory, and public reason.

The notion of rationality underlying contemporary business and business ethics, or the “rational actor” model of moral decision-making in business, links a roughly utilitarian notion of the good to a contractarian notion of human agency. The “C-Umodel” provides inadequate means for explaining how business people do or ought to behave or think about their behavior, because the notion of rationality upon which it relies is far too narrow a picture of business people’s character. An alternative to these assumptions and (...) to the Contractarian-Utilitarian model, is offered in an ethics of virtue. Despite the traditional apparent conflict between these divergent models, the C-U model, if founded in a notion of rationality consistent with Aristotelian ethics, is recognized as a useful instrument in business ethics and business decision-making. Hence, a reconciliation is effected between the C-U model and virtue ethics. (shrink)

Economic approaches to both social evaluation and decision-making are typically Paretian or utilitarian in nature and so display commitments to both welfarism and consequentialism. The contrast between the economic approach and any rights-based social philosophy has spawned a large literature that may be divided into two branches. The first is concerned with the compatibility of rights and utilitarianism seen as independent moral forces. This branch of the literature may be characterized as an example of the broader debate between the (...) teleological and deontological approaches. The second is concerned with the possibility that substantial rights may be grounded in utilitarianism with the moral force of rights being derived from more basic commitments to welfarism and consequentialism. This branch of the literature may be characterized as an exploration of the flexibility of the teleological approach, and, in particular, its ability to give rise to views more normally associated with the deontological approach. This essay is concerned with the second branch of the literature. (shrink)

Different forms of contractarianism are assessed and explained. The concept of the social contract, as it is used by Hobbes, Locke, Rousseau, Kant, and Rawls, is found to be inadequate for the development of a coherent political philosophy. Moreover it is argued that both contractarians as well as the anti-contractarians I shall consider fail in their account of political authority and in their account of political obligation. If this is so, then it follows that there is no general prima (...) facie moral obligation to obey the state and its institutions. Thus it is argued that most citizens do not have political obligations. The legitimacy of the state and its institutions will ultimately depend upon its moral qualities. (shrink)

In Moral Knowledge? New Readings in Moral Epistemology, editors Walter Sinnott-Armstrong and Mark Timmons bring together eleven specially commissioned essays by distinguished moral philosophers exploring the nature and possibility of moral knowledge. Each essay represents a major position within the exciting field of moral epistemology in which a proponent of the position presents and defends his or her view and locates it vis-a-vis competing views. The authors include established philosophers such as Peter Railton, Robert Audi, (...) Richard Brandt, and Simon Blackburn, as well as newer voices in the field. Topics covered include moral skepticism, moral truth, projectivism, contractarianism, coherentism, feminist views, quasi-realism, and pragmatism. The lively and clear selections do not presuppose specialized knowledge of philosophy, and the philosophical vocabulary used throughout the anthology is uniform, in order to facilitate understanding by those not familiar with the field. The first chapter includes a sustained critical discussion of the major views represented in the following chapters, thereby furnishing beginning students with appropriate background to understand the selections. The volume is further enhanced by an index and an extensive bibliography. An excellent text for undergraduate and graduate courses, Moral Knowledge provides the most up-to-date work on moral knowledge and justification. (shrink)

Contract-based approaches have been a focus of attention in business ethics. As one of the grand traditions in political philosophy, contractarianism is founded on the notion that we will never resolve deep moral disagreement. Classical philosophers like Hobbes and Locke, or recent ones like Rawls and Gaus, seek to solve ethical conflicts on the level of social rules and procedures. Recent authors in business ethics have sought to utilize contract-based approaches for their field and to apply it to (...) concrete business dilemmas. However, the application of contractarianism to management contexts can cause difficulties. Our article discusses this conceptual problem of contractarian business ethics and presents the idea of order ethics as an alternative. Order ethics, as we argue, can make a difference by conceptually bridging the gap between contractarianism and business ethics. (shrink)

This paper defends revisionism against a challenge: that it cannot convincingly hold that many instances of killing in war are morally wrong but should nonetheless remain legally permissible. The paper argues that we should view the relationship between the morality of war and the laws of war as analogous to the relationship between fundamental principles and rules of regulation in debates about theories of justice. This yields a fresh justification for the law’s divergence from morality, which absolves revisionism from the (...) twofold charge of being at once irrelevant and incoherent. It also helps clarify persisting ambiguities concerning the contrast between war and ‘ordinary life,’ the contested notion of a ‘deep morality’ of war, and revisionism’s relationship to ideal and non-ideal theory. (shrink)

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)