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)

Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal. Second, regulative ideals are unable to respond to social change. While models based on public reason focus on the justification of principles, this book suggests that we need to orient our normative theories more toward discovery and experimentation. The book develops a unique approach to social contract (...) class='Hi'>theory that focuses on diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

Although people establish norms that enable them to live together, some of these have to be coupled with a system of enforcement. This conforms to broad social contract theory and can also be applied to the international sphere. The international community is also based on a system of norms. However, unlike the domestic context, there is no overreaching authority to direct states on what they should do. Rather it is left to states themselves to police this framework. (...) However, this has resulted in one of the conditions envisaged by social contract theorists, namely a stasis between the command order and the state of nature. This may explain, for instance, the indifference to some modern human rights violations. Hence the current system of International law, with its insistence on the Westphalian principle of equality of states has caused a substantial fracture in the enforcement of international law, particularly when it comes to serious human rights breaches, and caused something akin to the state of nature envisaged by social contract theorists. While it may be practically impossible to provide a command system in the international sphere similar to the one in the domestic life, there is some hope that a revised deontological ethic founded on global integration may provide one impetus for change. (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)

Urban communities in 21st century America are facing severe economic challenges, ones that suggest a mandate to contemplate serious changes in the way America does business. The middle class is diminishing in many parts of the country, with consequences for the economy as a whole. When faced with the loss of its economic base, any business community must make some difficult decisions about its proper role and responsibilities. Decisions to support the community must be balanced alongside and against responsibilities to (...) owners, shareholders and relevant “stakeholders” in a relatively new context. Corporations in urban communities “hollowed out” by white flight or urban sprawl must decide what level of support they can and should provide. This paper examines corporate decisions within the emerging urban prosperity initiatives, using the framework of integrative social contract theory proposed by Donaldson and Dunfee. We suggest that urban prosperity initiatives present a mandate on corporations sufficiently strong as to qualify as an authentic norm. Further, we argue that strict adherence to a corporate bottom line approach or “corporate isolationism” is not congruent with contemporary community standards. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical (...) presumption of a pre-political settlement, and its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

Applying social contract theory to business ethics is a relatively new idea, and perhaps nobody has pursued this direction better than Thomas Donaldson and Thomas W. Dunfee. Their "Integrative Social Contracts Theory" manages to combine culturally sensitive decision making capacities with trans-cultural norms by setting up a layered system of social contracts. Lurking behind their work is a concern with the problems of relativism. They hope to alleviate these problems by introducing three concepts important (...) to the ISCT: "authentic norms," which clarify culturally specific norms, "priority rules," which determine the rules of engagement when authentic norms clash, and "hypernorms," which measure the value of authentic norms against a thin set of universally upheld values. This paper traces the genealogy of these hypernorms and challenges their value for the ISCT. It argues that well-conceived priority rules can do everything hypernorms can, and can do so more simply. (shrink)

Integrative Social Contracts Theory is a popular framework to assist managers in making decisions on international moral dilemmas. Although the theory has been praised for its comprehensiveness and sophistication, commentators have raised concerns regarding the justification and identification of substantive hypernorms, fundamental moral principles valid across cultures. This paper introduces the deliberative test, a new method for testing the cross-cultural validity of ethical norms in ISCT. The test relies on the concept of Deliberative Capacity, arising from new (...) developments in system-level deliberative democracy research, which studies deliberation at the level of national societies and over time. Based on this recent stream of research, the deliberative test has the potential of providing better guidance for managers to decide which norms to follow in case of conflicting standards between home and host countries. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all (...) with himself, with his desires and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

In this paper, I argue in favor of a structural turn in social contract theory. More precisely, I argue that dealing with the complex and dynamic nature of the social world requires an emphasis on social structures greater than what contractarians often consider. I take structures to be the dynamic and non-random networks of interdependence among all active components that shape society. I also constrain my focus to a growing body of literature on diversity that (...) explores plausible contractarian alternatives given the complexity of modern societies. I argue that shifting weight from diversity to structures in theorizing alternative contractarian frameworks would be an improvement. (shrink)

Development Alternatives with Women for a New Era (DAWN) argues that social contracts must be recreated if they are to fulfil the promise of human rights. In The Remaking of Social Contracts, leading thinkers and activists address a wide range of concerns - global economic governance, militarism, ecological tipping points, the nation state, movement-building, sexuality and reproduction, and religious fundamentalism. These themes are of wide-ranging importance for the survival and well-being of us all, and reflect the many dimensions (...) and inter-connectedness of our lives. Using feminist lenses, the book puts forward a holistic and radical understanding of the synergies, tensions and contradictions between social movements and global, regional and local power structures and processes, and it points to other alternatives and possibilities for this fierce new world."--Publisher's description. (shrink)

In this pithy and highly readable book, Brian Skyrms, a recognised authority on game and decision theory, investigates traditional problems of the social contract in terms of evolutionary dynamics. Game theory is skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author eschews any grand, unified theory. Rather, he presents the reader with tools drawn from evolutionary game theory for the (...) purpose of analysing and coming to understand the social contract. The book is not technical and requires no special background knowledge. As such, it could be enjoyed by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

Abstract:Social contracting has a long and important place in the history of political philosophy (Hardin, 1991; Waldron, 1989) and as a theory of justice (Baynes, 1989; Rawls, 1971). More recently, it has been developed into an individual rights-based theory of organizations (Keeley, 1980, 1988), and as a way to integrate ethics and moral legitimacy into corporate strategy and action (Donaldson, 1982; Freeman&Gilbert, 1988). Currently, it is being proposed as an integrative theory of economic ethics (Donaldson&Dunfee, forthcoming). (...) This paper will extend the Donaldson and Dunfee approach by arguing thatsocial contracting can best be understood and applied in organizational settings if it is perceived and treated as a network governance process. This insight can benefit management scholars and practitioners alike, since it calls attention to the processes by which trust is created and sustained in on-going contractual relationships. It also strongly suggests that a new approach to applying managerial discretion, asmoral agency, is needed to realize the full competitive and ethical potential of emerging network forms. (shrink)

Most cases of plagiarism involve a power differential where not every person has the same ability to enter into a social contract. A social contract requires that each party understands the expectations or norms of the contract, has a voice in setting or changing the norms and has the ability to exit the contract. If those with less power want to gain power then they have to engage in activities bound by norms set by (...) others with little or no ability to exit and no voice. Even if one determines that it is an option to choose a role that requires academic writing, even at the earliest grades, then the social contract demands a shared norm of what constitutes correct behavior. This study reviewed the abstracts of articles indexed in Google Scholar from 1999–2019 through the lens of integrative social contract theory and found, in the case of plagiarism, an existing consensus of correct behavior does not exist. Recommendations for establishing a social contract conclude the article. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility, meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper, in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as a way to implement the (...) social contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation, the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

First published in 1987. This study is concerned with the problem of political obligation, the normative question of why one should obey the law, and with social contract thought as an answer to this question. It is entitled a critique, but the critique is not of social contract theory as such, but rather of the "orthodox" treatment of contract that yields so readily to the rough handling and easy rejection that is the normal lot (...) of contractarianism in contemporary treatments. In its place will be suggested a reinterpretation of contract that sees it as making different assumptions and requiring different premises, and that is proof against many of the orthodox refutations of social contract theory; the reinterpretation is thus in the nature of a vindication. First, from an examination of the most commonly cited champions of contractarianism will be derive a reinterpretation of contract in the form of a new model or syllogism, the features of which will be brought out by contrasting it first with the contemporary ideas of John Rawls and then with the orthodox model itself. Democratic consent theory, as the heir to the remnants of the orthodox model, will be examined, and the ideas of T. H. Green will be considered as embodying an important feature of contractarianism omitted or ignored by the orthodox model Finally, the new model of contract will be suggested as a potentially useful approach to the problem of political obligation in the modern context. This title will be of interest to student of politics and philosophy. (shrink)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing (...) that corporate governance principles enter the “basic structure.” Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

The title of this special topic in RMM is borrowed from a 1978 paper of Hillel Steiner in which he argues against Robert Nozick's invisible hand conception of the emergence of the state. Steiner believes that central institutions of social order such as money and government need some form of conscious endorsement by individuals to emerge and to persist over time. -/- Tony de Jasay's critique (in Philosophy 85, 2010) of Bob Sugden's plea for a Humean version of contractarianism (...) (see RMM, Vol 0) motivated us, to take this old – but still central – theme of the debate on the origin of social order as one starting point in a new attempt to evaluate the idea of a social contract). -/- Within the 35 years since the publication of Hillel Steiner's paper different advances have been made in economics and philosophy that may well shed some new light on some of the fundamental issues in the debate about a contractarian conception of social order. These make us confident that a new attempt to explore the contractarian idea is well worthwhile. -/- Those who first motivated this project, Hillel Steiner, Anthony de Jasay, and Robert Sugden, as well as a number of other renowned scholars confirmed to contribute. The special topic will actually start with a previously unpublished paper by Hillel Steiner, originally written in 1986, in which he extends and elaborates on his argument about money from the 1978 paper, and with an original article by Anthony de Jasay, in which he further clarifies his worries. A response by Robert Sugden will follow. Further contributions will discuss the matter by reference to the roots of the debate in seventeenth and eighteenth century philosophy or to recent advancements in economics, the behavioral sciences or in social philosophy. Some of the contributions confirmed are already in a very elaborated stage and ready to be published soon. They are announced here right from the start and – for the time being – marked as 'to appear'. -/- As always, the special topic is an open ended project and further contributions will be considered; please send your submission to [email protected] (see 'How to Submit' for details). Also, readers are invited to submit shorter comments for the discussion section, which may be published after an abridged refereeing process. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper (Sacconi, L.: 2006b, this journal), in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation (...) as a way to implement the social contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation (which result from the impact of unforeseen contingencies and from bounded rationality), the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

Nearly everyone agrees that sexual exploitation occurs and that, when it does, it is morally wrong. However, there is substantial disagreement over what constitutes sexual exploitation and why it is wrong. Is sex between freely consenting adults ever exploitative? Is prostitution always exploitative? What features of sexually exploitative interactions lead us to regard them as morally wrong? And if sexual exploitation is morally wrong, what should be done about it?These are not new questions for the social philosopher. However, recent (...) criticisms of social contract theory may lead us to wonder whether contractarianism has the resources to criticize important cases of sexual exploitation—particularly prostitution. Some liberals have defended prostitution “in principle,” arguing that when prostitution is truly consensual, there is nothing wrong with it. This is called “sound prostitution.” Indeed, in cases where the parties to a sexual exchange are both competent adults, liberals and libertarians have a difficult time criticizing it, since to do so runs the risk of imposing a local and historically specific sexual ideal on members of society who explicitly reject it or else suggests that the prostitutes and their clients are not really competent agents. (shrink)

Revolutionary in its own time and controversial to this day, this work is a permanent classic of political theory and a key source of democratic belief. Rousseau's concepts of "the general will" as a mode of self-interest uniting for a common good, and the submission of the individual to government by contract inform the heart of democracy, and stand as its most contentious components today. Also included in this edition is Rousseau's Discourse on Political Economy", a key transitional (...) work between his Discourse on Inequality and The Social Contract. This new translation offers fresh insight into a cornerstone of political thought, which is further illuminated by a comprehensive introduction and notes. (shrink)

Nearly everyone agrees that sexual exploitation occurs and that, when it does, it is morally wrong. However, there is substantial disagreement over what constitutes sexual exploitation and why it is wrong. Is sex between freely consenting adults ever exploitative? Is prostitution always exploitative? What features of sexually exploitative interactions lead us to regard them as morally wrong? And if sexual exploitation is morally wrong, what should be done about it?These are not new questions for the social philosopher. However, recent (...) criticisms of social contract theory may lead us to wonder whether contractarianism has the resources to criticize important cases of sexual exploitation—particularly prostitution. Some liberals have defended prostitution “in principle,” arguing that when prostitution is truly consensual, there is nothing wrong with it. This is called “sound prostitution.” Indeed, in cases where the parties to a sexual exchange are both competent adults, liberals and libertarians have a difficult time criticizing it, since to do so runs the risk of imposing a local and historically specific sexual ideal on members of society who explicitly reject it or else suggests that the prostitutes and their clients are not really competent agents. (shrink)

The traditional military-territorial model of the nation state defines international duties in terms of protecting citizens' property from foreign threats. In this 1992 book about the principles of the US agricultural policy and foreign aid, Professor Thompson replaces this model with the notion of the trading state that sees its role in terms of the establishment of international institutions that stabilize and facilitate cultural and intellectual, as well as commercial, exchanges between nations. The argument focuses on protectionist challenges to foreign (...) aid and development assistance programs, and engages with the views of a variety of economists, commodity organizations, and philosophers on world hunger and development. What emerges is a new interpretation of social contract theory that can determine goals for international trade and development policy. (shrink)

The United Nations Global Compact has difficulties in attracting new voluntary members and inciting them to implement its ten principles. The present article analyzes this implementation deficit from the perspective of Lockean social contract theory and derives new strategies for reducing it. On this view, the UNGC presents itself as the attempt to realize a set of moral norms, typically enforced by an impartial minimal state, protecting its citizens from violations of their natural rights, negative externalities and (...) discrimination by bribed officials. It will only succeed in facilitating the realization of those norms on a strictly voluntary basis, if it manages to overcome the underlying n-person prisoner’s dilemma. This requires the existence of a critical mass k < N of conditionally moral firms, which are willing to observe the UNGC principles and to resist the temptation to free ride on their observance by others, if it does not disadvantage them in comparison to their situation in a state of universal non-observance. Four contracting problems can impede the conclusion of this Lockean social contract. The UNGC has a slim chance of overcoming its implementation deficit on a non-coercive basis by cultivating four institutional capabilities assisting conditionally moral firms in surmounting those four problems of voluntary norm compliance. (shrink)

"In 'Hobbes and the Social Contract Tradition' Professor Hampton undertakes an "extensive examination" of Hobbes's argument, primarily as stated in Leviathan, for the institutionof an absolute sovereign. Hampton, however, is concerned to accomplish more than "a description or explication" of Hobbes's political philosophy. Rather, it is her intention to develop a "rational reconstruction" of Hobbes's argument.... 'Hobbes and the Social Contract Tradition' is an important and valuable contribution to the study of Hobbes's political philosophy. Throughout this (...) work one acquires new and illuminating insights into Hobbes's argument and its contemporary significance. ... it is essential reading for all those who are seriously concerned to come to grips with Hobbes's social contract theory. Hobbes scholar and political theorist alike will learn a great deal from it.". (shrink)

Individualist and communitarian. Anarchist and totalitarian. Classicist and romanticist. Progressive and reactionary. Since the eighteenth century, Jean-Jacques Rousseau has been said to be all of these things. Few philosophers have been the subject of as much or as intense debate, yet almost everyone agrees that Rousseau is among the most important and influential thinkers in the history of political philosophy. This new edition of his major political writings, published in the year of the three-hundredth anniversary of his birth, renews attention (...) to the perennial importance of Rousseau’s work. The book brings together superb new translations by renowned Rousseau scholar John T. Scott of three of Rousseau’s works: the _Discourse on the Sciences and Arts,_ the _Discourse on the Origin and Foundations of Inequality Among Men, _and _On the Social Contract. _The two _Discourses_ show Rousseau developing his well-known conception of the natural goodness of man and the problems posed by life in society. With the _Social Contract, _Rousseau became the first major thinker to argue that democracy is the only legitimate form of political organization. Scott’s extensive introduction enhances our understanding of these foundational writings, providing background information, social and historical context, and guidance for interpreting the works. Throughout, translation and editorial notes clarify ideas and terms that might not be immediately familiar to most readers. The three works collected in _The Major Political Writings of Jean-Jacques Rousseau_ represent an important contribution to eighteenth-century political theory that has exerted an extensive influence on generations of thinkers, beginning with the leaders of the French Revolution and continuing to the present day. The new translations on offer here will be welcomed by a wide readership of both Rousseau scholars and readers with a general interest in political thought. (shrink)

Individualist and communitarian. Anarchist and totalitarian. Classicist and romanticist. Progressive and reactionary. Since the eighteenth century, Jean-Jacques Rousseau has been said to be all of these things. Few philosophers have been the subject of as much or as intense debate, yet almost everyone agrees that Rousseau is among the most important and influential thinkers in the history of political philosophy. This new edition of his major political writings, published in the year of the three-hundredth anniversary of his birth, renews attention (...) to the perennial importance of Rousseau’s work. The book brings together superb new translations by renowned Rousseau scholar John T. Scott of three of Rousseau’s works: the _Discourse on the Sciences and Arts,_ the _Discourse on the Origin and Foundations of Inequality Among Men, _and _On the Social Contract. _The two _Discourses_ show Rousseau developing his well-known conception of the natural goodness of man and the problems posed by life in society. With the _Social Contract, _Rousseau became the first major thinker to argue that democracy is the only legitimate form of political organization. Scott’s extensive introduction enhances our understanding of these foundational writings, providing background information, social and historical context, and guidance for interpreting the works. Throughout, translation and editorial notes clarify ideas and terms that might not be immediately familiar to most readers. The three works collected in _The Major Political Writings of Jean-Jacques Rousseau_ represent an important contribution to eighteenth-century political theory that has exerted an extensive influence on generations of thinkers, beginning with the leaders of the French Revolution and continuing to the present day. The new translations on offer here will be welcomed by a wide readership of both Rousseau scholars and readers with a general interest in political thought. (shrink)

Modern Social Contract Theory provides an exposition and evaluation of major work in social contract theory from 1950 to the present. It locates the central themes of that theory in the intellectual legacy of utilitarianism, particularly the problems of defining principles of justice and of showing the grounds of moral obligation. It demonstrates how theorists responded in a novel way to the dilemmas articulated in utilitarianism, developing in their different approaches a constructivist method (...) in ethics, a method that aimed to vindicate a liberal, democratic and just political order. A distinctive feature of the book is its comparative approach. By placing the works of Barry, Buchanan and Tullock, Harsanyi, Gauthier, Grice, Rawls, and Scanlon alongside one another, similarities and differences are brought out, most notably in the way in which principles are derived by each author from the contractual construction as well as the extent to which the obligation to adopt those principles can be rationally grounded. Each theory is placed in its particular intellectual context. Special attention is paid to the contrasting theories of rationality adopted by the different authors, whether that be utility theory or a deliberative conception of rationality, with the intention of assessing how far the principles advanced can be justified by reference to the hypothetical choices of rational contracting agents. The book concludes with a discussion of some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method. (shrink)

Martha Nussbaum has powerfully argued in Frontiers ofJustice and elsewhere that John Rawls’s sort of social-contract theory cannot usefully be deployed to deal with issues pertaining to justice for the disabled. To counter this claim, this article deploys Rawls’s sort of social-contract theory in order to deal with issues pertaining to justice for the disabled—or, since, as Nussbaum stresses, we all have some degree of disability—for the severely disabled. In this way, rather than questioning (...) one by one Nussbaum’s interpretive claims about Rawls’s view, one can simply see how the Rawlsian framework can work in application to this issue. Following Rawls’s lead, the paper utilizes the idealized “initial choice situation” as an analytic and comparative device for examining alternative principles of justice, developing three different interpretations of the initial choice situation that each correspond to a different set of principles that apply to people of all levels of disability. One of these sets of principles is a simple extension of Rawls’s, one is very close to what Nussbaum herself recommends, and the third is a kind of hybrid. In this way, it is shown not only that Rawls’s social-contract device can usefully be applied to these issues, but also that it is helpful for exploring the deep commitments underlying each of these competing sets of principles. (shrink)

Censored in its own time, the Social Contract remains a key source of democratic belief and is one of the classics of political theory. It argues concisely but eloquently, that the basis of any legitimate society must be the agreement of its members. As humans we were `born free' and our subjection to government must be freely accepted. Rousseau is essentially a radical thinker, and in a broad sense a revolutionary. He insisted on the sovereignty of the (...) people, and made some provocative statements that are still highly controversial. His greatest contribution to political thought is the concept of the general will, which unites individuals through their common self-interest, thus validating the society in which they live and the constraints it imposes on them. This new translation is fully annotated and indexed. The volume also contains the opening chapter of the manuscript version of the Contract, together with the long article on Political Economy, a work traditionally between the Contract and Rousseau's earlier masterpiece, the Discourse on Inequality. (shrink)

We critically assess integrative social contracts theory (ISCT) and show that the concept particularly lacks of moral justification of substantive hypernorms. By drawing on Habermasian philosophy, in particular discourse ethics and its recent application in the theory of deliberative democracy , we further advance ISCT and show that social contracting in business ethics requires a well-justified procedural rather than a substantive focus for managing stakeholder relations. We also replace the monological concept of hypothetical thought experiments in (...) ISCT by a concept of practical discourse to better govern business activities on the macro-level of organizational actors such as firms, governments, and NGOs. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach (...) to sketch answers to the theoretical, historical and practical questions about the legitimacy of government or of systems of moral rules. (shrink)

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)

This paper seeks to define and delimit the scope of the social responsibilities of health professionals in reference to the concept of a social contract. While drawing on both historical data and current empirical information, this paper will primarily proceed analytically and examine the theoretical feasibility of deriving social responsibilities from the phenomenon of professionalism via the concept of a social contract.

Is liberal democracy the end of history? Is a written constitution the ultimate political authority? Does majority rule equal moral rule? Are all moral values relative? What is the legitimate use of coercive force in society? The New Social Contract—Beyond Liberal Democracy offers an answer to these and other age-old questions.

This paper relates Donaldson and Dunfee’s Integrative Social Contracts Theory to the problem of gender discrimination. We make the assumption that multinational managers might seek some guidance from ISCT to resolve ethical issues of gender discrimination in countries indifferent or hostile to gender equaIity. The role of Donaldson and Dunfee’s “hypernorms” seems especially cruciaI, and we find that, under their writings thus far, no “hypernorms” exist to make unethical the most blatant acts of sex discrimination in a host (...) country whose local norms tolerate such discrimination. The genesis of “hypernorms” as “global moral minimums” is recounted, and specific application of ISCT to a familiar ethics case (“A Foreign Assignment”) is provided. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for (...) fine-grained analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Revisiting the structure/agency debate, the article puts forward the broad position shared by Giddens’structuration theory and Bhaskar's transformational model. It defends Giddens’concept of structure as‘rules and resources’against charges of idealism, arguing that its strength is its focus on the interface of structure and agency. But both Giddens and Bhaskar emphasise social reproduction as an unintended consequence of social action. Taking issue with postmodern pessimism, the article goes on to consider the conditions of possibility, and requisite forms of (...) knowledgeability, for deliberate social transformation. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for (...) fine-grained analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

: Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's (...) and Sabin's "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation. (shrink)

Nicole Hassoun’s Globalization and Global Justice: Shrinking Distance,Expanding Obligations offers a novel argument for the existence ofpositive rights for the world’s poor, and explores institutional alternativessuitable for the realization of those rights. Hassoun’s argument is contractualist, and makes the existence of positive rights dependupon the conditions necessary for meaningful consent to the global order. Itthus provides an interesting example of social contract theory in the globalcontext. But Hassoun’s argument relies crucially upon the ambiguous natureof the concept of (...) consent. Drawing broadly upon the social contract theorytradition, Hassoun relies upon actual consent theory, democratic theory, andhypothetical consent theory. Each theoretical approach makes use of its ownconception of consent. Rather than select one of these conceptions overthe others, she makes use of all three. In doing so, she introduces a crucialambiguity into the terms that, on her account, a legitimate global order mustsatisfy. The resolution of this ambiguity will circumscribe any effort, on thepart of Hassoun or others, to specify the terms of any global social contract. (shrink)

Feminist Standpoint Theory claims that by virtue of their social positioning women have access to, or can achieve, particular and/or better knowledge of gendered social relations. The epistemology, various versions of which are reviewed in the paper, has been criticised for over homogenising women. In its simplest form this critique claims that women’s diversity rules out communality and collective interests, and that FST unawarely takes white middle class Western women as representative. In its stronger, postructuralist form this (...) critique undermines feminism by reducing the category ‘women’ to an effect of discourse whose referent is, and should be, constantly shifting. The paper argues for the reality of sex difference and puts forward a realist defence of a modified Feminist Standpoint Theory. (shrink)