Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- (...) On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (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 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)

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)

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)

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)

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)

Jean-Jacques Rousseau's ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau's most important political writings -- The Social Contract and The First Discourse (Discourse on the Sciences and Arts) and The Second Discourse (Discourse on the Origin and Foundations of Inequality) -- and presents essays by major scholars that shed light on the dimensions and implications of these (...) texts. Susan Dunn's introductory essay underlines the unity of Rousseau's political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May's essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau's attempt to resolve the tension between the individual's desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O'Brien takes on the "noxious, " "deranged" Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. (shrink)

This chapter contains sections titled: Background: mapping the field of business ethics The evolution of social contract approaches to business ethics Integrative social contracts theory (ISCT) Remaining issues and promising research directions for contractarian business ethics.

A discourse on the arts and sciences -- A discourse on the origin of inequality -- A discourse on political economy -- The general society of the human race -- The social contract.

The work of Jean-Jacques Rousseau is presented in two volumes, together forming the most comprehensive anthology of Rousseau's political writings in English. Volume II contains the later writings such as The Social Contract and a selection of Rousseau's letters on important aspects of his thought. The Social Contract has become Rousseau's most famous single work, but on publication was condemned by both the civil and the ecclesiastical authorities in France and Geneva. Rousseau fled and it is during this (...) period that he wrote some of his autobiographical works as well as political essays such as On the Government of Poland. This volume, like its predecessor, contains a comprehensive introduction, chronology and guide to further reading, and will enable students to obtain a full understanding of the writings of one of the world's greatest thinkers. (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)

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)

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)

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these (...) articles will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)

This article begins with a detailed analysis of how the choice situation of a social contract for international business ethics can be constructed and justified. A choice situation is developed by analyzing conceptions of the multinational firm and the domain of international business. The result is a hypothetical negotiation between two fictional characters, J. Duncan Grey and Elizabeth Redd, who respectively represent the interests of businesses and communities seeking to engage in international trade. The negotiators agree on ethical principles (...) governing wages, the environment, and compliance social and cultural norms. These principles are then shown to rest in wide reflective equilibrium with considered moral judgments on international business ethics, which are drawn from international agreements, such as the UN Declaration on Human Rights, and voluntary business initiatives, such as the Global Sullivan Principles and the UN Global Compact. (shrink)

Most scholars who write on social contract and classical natural law perceive an irreconcilable tension between them. Social contract theory is widely considered the political-theoretic concomitant of modern philosophy. Against the regnant view, The Social Contract in the Ruins, argues that all attempts to ground political authority and obligation in agreement alone are logically self-defeating. Political authority and obligation require an antecedent moral ground. But this moral ground cannot be constructed by human agreement or created by sheer (...) will-human or divine. All accounts of morality as constructed or made collapse into self-referential incoherence. Only an uncreated, real good can coherently ground political authority and obligation or the proposition that rightful government depends on the consent of the governed. Government by consent requires classical natural law for its very coherence. (shrink)

This rich collection will introduce students of philosophy and politics to the contemporary critical literature on the classical social contract political thinkers Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. A dozen essays and book excerpts have been selected to guide students through the texts and to introduce them to current scholarly controversies surrounding the contractarian political theories of these three thinkers.

The perfect books for the true book lover, Penguin’s Great Ideas series features twelve more groundbreaking works by some of history’s most prodigious thinkers. Each volume is beautifully packaged with a unique type-driven design that highlights the bookmaker’s art. Offering great literature in great packages at great prices, this series is ideal for those readers who want to explore and savor the Great Ideas that have shaped our world.

ISCT arguably forms the most promising impetus to a contractarian theory of business ethics presently available. In this article, I want to pay tribute to the lasting significance of Dunfee's contribution to the field of business ethics by analyzing the vital role of the idea of extant social contracts (ESCs) in the conceptual set up of the ISCT project. The construct of ESCs can be shown to shape the problem statement from which the ISCT project proceeds – indeed (...) it helps to conceptualize the basic question which defines and delineates the domain of business ethics. (shrink)

This paper applies Wempe’s (2005, Business Ethics Quarterly 15(1), 113–135) boundary conditions that define the external and internal logics for contractarian business ethics theory, as a system of argumentation for evaluating current or prospective institutional arrangements for arriving at the “good life,” based on the principles and practices of social justice. It does so by showing that a more dynamic, process-oriented, and pluralist ‘dialogic twist’ to Donaldson and Dunfee’s (2003, ‘Social Contracts: sic et non’, in P. Heugens, (...) H. van Oosterhout and J. Vromen (eds.), The Social Institutions of Capitalism: Evolution and Design of Social Contracts (Cheltenham, UK, Edward Elgar Publishing, Ltd.) pp. 109–126; 1999, Ties that Bind: A Social Contracts Approach to Business Ethics (Boston, MA, Harvard Business School Press); 1995, Economics and Philosophy 11(1), 85–112; 1994, Academy of Management Review 19(2), 252–284.) integrated social contracting theory (ISCT) of economic ethics will further develop this promising and influential approach to moral reasoning, ethical decision-making, and stakeholder governance. This evolutionary, interactive learning-based model of ethical norm generation via dialogic stakeholder engagement is particularly appropriate within economic communities that are experiencing value conflict and pressures for institutional change. (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. It focuses on justification according to the contractarian point of view. It begins by providing a definition of CSR as an extended model of corporate governance, based on the fiduciary duties owed to all the firm's stakeholders. Then, by establishing the basic context of incompleteness of contracts and abuse of authority, it analyses (...) how the extended view of corporate governance arises directly from criticism of the contemporary neo-institutional economic theory of the firm. Thereafter, an application of the theory of bargaining games is used to deduce the structure of a multi-stakeholder firm, on the basis of the idea of a constitutional contract, which satisfies basic requirements of impartial justification and accordance with intuitions of social justice. This is a sequential model of constitutional bargaining, whereby a constitution is first chosen, and then a post-constitutional coalition game is played. On the basis of the unique solution given to each step in the bargaining model, the quest for a prescriptive theory of governance and strategic management is accomplished, so that I am able to define an objective-function for the firm consistent with the idea of CSR. Finally, a contractarian potential explanation for the emergence of the multi-fiduciary firm is provided. (shrink)

While the Value-Free Ideal (VFI) had many precursors, it became a solidified bulwark of normative claims about scientific reasoning and practice in the mid-twentieth century. Since then, it has played a central role in the philosophy of science, first as a basic presupposition of how science should work, then as a target for critique, and now as a target for replacement. In this paper, we will argue that a narrow focus on the VFI is misguided, because the VFI coalesced in (...) the midst of other important shifts in the relationship between science and society. In particular, the mid-twentieth century saw the acceptance of the “social contract for science,” a tacit agreement between scientists and government officials, and more broadly between science and society. It was built around three core concepts: a distinction between basic and applied science, a conception of scientific freedom that limited social responsibility for scientists, and a justification for public funding of basic science in the form of the linear model. Within the conceptual framework of the social contract for science, it is clearer both (1) why the VFI was adopted, (2) why it is difficult to replace the VFI within the old social contract, and (3) how we need to revise the social contract for science in order to replace the VFI. (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 (...) class='Hi'>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)

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)

Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants (...) are aligned, not competition problems in which individual interests compete with group interests. In response, I set out to build on those theories and provide a comprehensive naturalistic account of the emergence, persistence and evolution of social contracts. My central claim is that social contracts have culturally evolved to solve cooperation problems, which include both coordination and competition problems. I argue that solutions to coordination problems emerge from “within-group” dynamics, while solutions to competition problems result largely from “between-group” dynamics. (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)

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)

Elective home education has become an international trend characterized by considerable public controversy and much legal fragmentation. Issues related to whether it should be permitted and how it should be monitored are currently being debated in many countries. Homeschooling regulation seems to have become a “wicked problem” with no definitive solution. A case has been made for moving beyond the polarization that tends to label it as either intrinsically good or inherently bad. By drawing its foundations from a UNESCO report (...) published in 2021, this conceptual study is meant to be a contribution to the discussion about the social and legal legitimacy of homeschooling through the delineation of a tenable “social contract for home education”. It has been argued that in light of this social contract, homeschooling should neither be banned nor unregulated. Hence, a shift of perspective is being encouraged to include home educators in a pluralistic dialogue on the future of education towards policy decisions that are sensitive to this complexity. (shrink)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After (...) identifying three features that positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)

1. Justice, social contracts, and democracy -- 2. The democratic social contract -- 3. Economic justice and the democratic contract -- 4. The theory of democratic social contracts -- 5.The great transformation -- 6. Political democracy in the great society -- 7. Just returns in the great society -- 8. The sense of democratic justice.

ABSTRACT:Of the many developments in business ethics that Thomas Donaldson has helped pioneer, one is the application of social contract theory to address questions about the responsibilities of business actors. InCorporations and Morality, Donaldson develops one of the most sustained and comprehensive accounts that aims to justify the existence of for-profit corporations and to specify and ground their responsibilities. In order to further our understanding about the purpose and responsibilities of productive organizations, and as a contribution to the scholarship (...) on Donaldson’s thought, this paper gathers together the critical responses to Donaldson’s account along with Donaldson’s replies to his critics. The paper argues that we would do well to continue engaging with Donaldson’s account because of its distinctive and challenging conception of the purpose and responsibilities of productive organizations, but that many of the insights to be gained come from reframing the role played by social contract theory. (shrink)

This major study of Hobbes' political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

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.

This dissertation begins with an exploration of the method John Rawls uses to justify his choice situation, the original position, and his conception of justice, justice as fairness. The method consists of three criteria that Rawls' theory of justice is able to meet, leading him to declare the original position, and the conception of justice be derives from it, philosophically most favored. Once this method of justification has been explicated, a method of evaluating theories of justice that meet the criteria (...) for justification will be established. The primary purpose of this dissertation is to apply this method of justification to Jean-Jacques Rousseau' s social contract theory and comparatively evaluate it against Rawls' theory of justice. The results of this application show that Rousseau's contracting situation and conception of justice are able to meet the three criteria of Rawls' method. This shows that Rousseau's theory is justified in exactly the same manner as Rawls' theory of justice. The two theories are then evaluated, and it is argued that Rousseau's social contract theory must be declared philosophically most favored. (shrink)

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)

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)

Social contract theories serve a twofold purpose: by addressing acute crises, they elaborate solutions to long-standing social paradoxes. The article reinterprets the stakes of the Covid pandemic from this perspective. Firstly, the long-lasting structural paradoxes of late modernity are linked to the acute crisis of the pandemic with the help of critical theories of late modernity. It is argued that the pandemic provides opportunity for revaluating those social contracts, which are based on universalist principles of justice. (...) Secondly, two paradigmatic historical examples (Hobbes, Rawls) are overviewed in a meta-theoretical fashion, so that the dimensions of revaluation could be highlighted. Thirdly, the foundations of a post-pandemic social contract are outlined. As the pandemic is inseparable from the structural paradoxes caused by unconstrained systems based on universal principles of justice, the post-pandemic social contract aims at preventing the system paradoxes by revaluating their universal principles in a ‘trial of particularity’ (Derrida, Levinas). (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)

Jean-Jacques Rousseau’s ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau’s most important political writings—_The Social Contract and The First Discourse (Discourse on the Sciences and Arts) _and_ The Second Discourse (Discourse on the Origin and Foundations of Inequality)_—and_ _presents essays by major scholars that shed light on the dimensions and implications of these texts. Susan Dunn’s introductory (...) essay underlines the unity of Rousseau’s political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May’s essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau’s attempt to resolve the tension between the individual’s desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O’Brien takes on the “noxious,” “deranged” Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. For this edition Susan Dunn has provided a new translation of the _Discourse on the Sciences and Arts _and_ _has revised a previously published translation of _The Social Contract._. (shrink)

Contractual moralists, such as Bowie and Donaldson, have argued that contractual agreement explains why corporations have a moral obligation towards the society in which they operate. They argue that a corporation’s moral obligation emerges from a hypothetical social contract that establishes its legitimacy to operate in society. Their assumption appears to indicate a logically necessary relationship between a corporation’s moral obligation and contractual agreement that establishes the corporation. We argue that there is no such relationship: a corporation’s moral obligation (...) does not necessarily emerge from a social contract. We suggest that instead of assuming that a corporation’s moral obligation emerges from a social contract, it should be said that a corporation’s moral obligation is sustained by a social contract. This helps answer the question of why corporations have a moral obligation towards the society where they operate in a better light. (shrink)

The thesis of this book is that people enter into social contracts because they are different from one another and have incentives to cooperate. In economic life, people have identical interests—namely, their own se- interests—so they have an incentive to compete. The social worlds that we create, or map, and those that are already mapped for us are increasingly complex, and thus the tracking of rationality is not so straightforward, although it is everywhere evident. In a sense, (...) this book grew out of two questions: Why hasn't the United States had a second revolution? Or is the revolution yet to come? Many have discussed the current crises that confront contemporary society, such as great economic inequalities, poverty, the declining quality of jobs, the growing power of corporate elites, and racial antago nisms. I attempt to understand these problems in terms of the radical restructuring of social life by economic and spatial forces. My specula tive thesis is that social organizations must reinforce social contracts and nurture the opportunities for them to be forged. However, contemporary organizations, particularly economic ones, have internalized the princi ples of economic markets, thereby inducing competition and easing out cooperation. In defining social contracts, I draw from Rousseau and also from Marx and his analysis of use value. One hopes that new organiza tional forms based on principles of democracy and community will evolve. In a diverse, multicultural society, this requires great mutual understanding and cooperation and the recognition of differences. (shrink)

Contents include a note on the translation, introduction by Peter Gay, and a bibliography.

In this article I argue that Rorty has three separatearguments for liberalism. The pragmatic-ethnocentric argument for liberalism,as a system which works for `us liberals'', is rejectedfor entailing relativism. The social contract argument results in an extreme formof individualism. This renders politics redundantbecause there is no need for the (liberal) state toprotect poetic individuals, who are capable ofdefending themselves. Even if the less able areharmed, the state could not prevent this, givenRorty''s arguments about discursive enrichment withina language game. Finally, the (...) positivistic-conservative argument legitimisesliberal politics by fiat, and makes normativediscussion about the status quo illegitimate. Herethe argument is that politics is a matter of reactivetechnical piecemeal problem-solving, to restore theharmony of the status quo. As politics deals with`facts'', normative `problematisations'' of thefunctional status quo are illegitimate (in the public/political sphere). So, either anything goes, andpolitics is redundant, or discussion of politics isdepoliticised and confined to the private sphere.Consequently, Rorty has no way to explore issues ofpower, or normative contestation. Therefore he isunable to address issues of social justice withinliberal democracies, such as feminist arguments aboutan ascribed gender status limiting equalityof opportunity. (shrink)

In A Theory of Moral Education, Michael Hand defends the importance of teaching children moral standards, even while taking seriously the fact that reasonable people disagree about morality. While I agree there are universal moral values based on the kind of beings humans are, I raise two issues with Hand’s account. The first is an omission that may be compatible with Hand’s theory; the role of virtues. A role for the cultivation of virtues and rational emotions such as compassion is (...) vital in accounting for the emotional aspect of morality. The second issue pertains to Hand’s foundational premise of human beings’ rough equality. Following Martha Nussbaum, I argue that contractarian approaches must be critically evaluated to ensure the social contract properly includes and accounts for the human dignity of those who are typically excluded from the benefits of society. Hand’s justificatory arguments rely upon a contractarian premise, and the contract itself needs scrutiny and adjustment if it is to support a viable theory of moral education. (shrink)

This is a review of a volume including Locke's Second Treatise, Rousseau's Social Contract, and Hume's "Of the Original Contract." The Rousseau essay is translated by Gerard Hopkins, and Ernest Baker provides an introduction to the texts.

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)

A generation ago, the field of business ethics largely abandoned analyzing the broader issue of social justice to focus upon more micro concerns. Donaldson applied the social contract tradition of Locke and Rawls to the ethics of management decision-making, and with Dunfee, has advanced this project ever since. Current events suggest that if the field is to remain relevant it needs to return to examining social and economic fairness, and Rawl's approach to social contracting suggests a (...) way to start. First, however, the field needs to discard the weaker and counterproductive aspects of its Lockean legacy: Locke's hostility to government activism and his indifference with regard to outcomes for the bulk of society. Donaldson's and Dunfee's social contracting approach is not suited to, nor was it designed to, analyze or resolve broad issues of social and economic justice. Their postulated network of communities upon which they rely is problematic in a number of ways, and while they take the legal and political status quo into account, their method does not deal with the historical reality that, as the economic and social environment changes, promoting greater justice requires new and sometimes coercive government interventions. Rawls's work, however, does acknowledge the historically demonstrable necessity of using the power of government to help to achieve desirable social outcomes. While he rejected Mill's methodology, Rawls was inspired by the earlier philosopher's concerns for social justice at a time of major economic change. The field would do well to follow the example of both men in this respect. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...) theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

Many scholars view political contractarianism as a distinctly modern account of the foundations of political order. Ideas such as popular sovereignty, the right of revolution, the necessity of the consent of the governed for rightful political authority, natural equality, and a pre-civil state of nature embody the modern rupture with classical political philosophy and traditional Christian theology. At the headwaters of this modern revolution stands Thomas Hobbes. Since the American founders subscribed to the social contract theory, they are often (...) said to reject classical political philosophy and traditional Christian political theology as well. In America on Trial, Robert Reilly rejects the usual argument. He maintains that the building blocks of the American founding originate in medieval Christian political theology. In this essay, I argue that a morally and metaphysically realist contractarian tradition—one that affirms natural equality, the authority of the society over government, the necessity of consent for legitimate government, the right to resist tyrannical rulers, and the idea of a pre-civil state of nature—predates Hobbes and also that the voluntarist contractarian tradition inaugurated by Hobbes is self-referentially incoherent. A coherent political contractarianism logicially depends on the sort of metaphysics and moral ontology Hobbes rejects. (shrink)