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)

This interdisciplinary work draws on research from psychology and behavioral economics to evaluate the plausibility of moral contract theory. In a compelling manner with implications for moral theory more broadly, the author's novel approach resolves a number of key contingencies in contractarianism and contractualism. Acting in accordance with principles that we could all agree to under certain conditions requires that agents are capable of taking up the perspectives of others. Research in social and developmental psychology shows just (...) how challenging this can be. The author discusses in detail what implications findings on perspective-taking have for contract theory. He concludes with cautious optimism that, despite our limitations, it lies within our power to become better at perspective-taking and to adopt a contractarian or contractualist mode of moral thinking. This does however require us to be much more attentive to the standpoints of others than we tend to be. Contract theorists also assume that agents can be moved to comply with principles that would be the object of agreement, with some arguing they can be so moved out of their own interest. The book show that, in contrast to the suspicion of many philosophers, this idea is largely supported by research on the dynamics of trust and our ability to distinguish trustworthy from untrustworthy others. Bringing a welcome dose of realism to the debate on contract theory, the author shows the value of assessing moral theories from an empirical perspective. (shrink)

This chapter contains section titled: Introduction Welfarism: Law and Economics Nonwelfarist theories Historical Explanations Topics in Contract Theory Conclusion: Whither Contract Theory? References.

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)

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)

Over the last 20 years, a paternalistic view in health care has been losing ground. The question about less asymmetrical positions in the healthcare professional–patient relationship is, for example, being addressed by the increased emphasis on person‐centred care, promoted in disciplines such as medicine and nursing. Partnership is considered as a key component in person‐centred care. Although the previous studies have addressed the attributes inherent in partnership, there is still potential for further discussion on how the various interpretations of partnership (...) influence their use in healthcare literature. A vague understanding might also affect education and evaluation. As we see it, the philosophical underpinnings of the idea of partnership have not been sufficiently explored and discussed. The study reveals that partnership originates in the term “partener” defined as a relationship between individuals or groups characterized by cooperation and responsibility. Etymologically speaking, partnership is hence bound by a contract, which in this study is discussed in the frame of Rawls’ contract theory, which in turn intersects with Benhabib and her distinction between “the abstract” and “the concrete Other.” Further, the expression “equal partnership,” which often appears in the context of person‐centredness, is explored in relation to the philosophies of Rawls and Benhabib. The opportunity for partnership, as well as the risk of partnership becoming a tempting magnet with a vague and imprecise meaning, is discussed. Without exploration, reflection and discussion of the philosophical underpinnings, partnership carries a substantial risk of becoming an indistinct idea used in health care. (shrink)

This article draws on key models of monitoring and blockholding articulated in the incomplete contracts theory of the firm. Under incomplete contracts theory, different governance systems have incentive structures that entail different tradeoffs—tradeoffs between ownership concentration and liquidity, between monitoring and management initiative, and between private rent-seeking and activity benefiting shareholders as a group. The tradeoffs delimit opportunities for productive cross-reference. More specifically, blockholder systems, such as those in Europe, subsidize monitoring by permitting blockholders to reap private benefits (...) of control through self-dealing and insider trading. Market systems, such as those in the United States and Britain, regulate such private rent-seeking toward the end of maintaining an institutional framework that supports diffuse share ownership and liquid trading markets. It follows that a legal framework conducive to blockholding may be ill-equipped to foster dispersed equity ownership and thick trading markets and that a legal framework conducive to liquid trading markets may have properties that discourage blockholding. This gives rise to questions for law reform agendas on both sides of the Atlantic. In the United States, proponents ask for deregulation of controls on institutional investors, looking to encourage blockholding and more effective monitoring. In Europe, proponents ask for stronger securities regulation, looking to encourage deeper trading markets. This article suggests that each reform program may lead to disappointing results because neither assures conforming adjustments to the pertinent actors’ incentives. Alternatively, strict reforms that materially change prevailing incentive patterns could perversely destabilize workable arrangements without assuring the appearance of more effective alternatives. (shrink)

_Contract Theory_ examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of (...) contract is the "reasonable person standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. (shrink)

In the present paper we argue that the theory of contracts embraced by many libertarian scholars and relied upon by them in sundry important debates (e.g. over morality of the fractional reserve banking or loan maturity mismatching etc.), that is, the title transfer theory of contracts (TTT) should be rejected as not being able to account for the binding force of future-oriented contracts, including contracts deemed enforceable by those scholars themselves. The TTT claims that the only contracts that (...) should be legally binding are these where the debtor’s failure to abide by them constitutes a violation of the creditor’s private property rights. However, as we argue, no default of the debtor in a future-oriented contract can in itself amount to such a violation. (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)

: 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)

'. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.

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.

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)

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)

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)

The central question which I address is whether appeal to a hypothetical contract between moral persons is acceptable as a method for justifying basic ethical principles. ;My first two substantive chapters concern general issues in metaethics, particularly the shortcomings of both standard naturalist and noncognitivist theories of evaluative language; some conditions of acceptability for methods of moral justification are proposed and supported as well. Firth's and Hare's methods fail to satisfy these criteria, while Brandt's present approach and Rawls' method (...) of reflective equilibrium largely succeed. Rawls, quite correctly, intends his contract argument to apply only within the framework of this more basic method. ;Major aspects of Rawls' contract theory are examined at length in Chapter IV. My central concern is with the reasons Rawls gives for regarding his interpretation of the initial contract situation as the "rationally preferred" one. The concepts of impartiality, neutrality, and fairness are discussed at the outset. I then proceed to explain and criticize Rawls' reasons for imposing a "thick veil of ignorance" on the contractors. The argument that natural assets and social contingencies are "morally arbitrary" and hence should not influence the choice of principles of justice is found to be open to serious objection and to rest upon a specific type of egalitarian moral commitment. Rawls' "Kantian" argument is shown to lack sufficient support and to involve an unwarranted exclusion of certain deontological, perfectionist, and other teleological theories from serious consideration. ;Grice's contract theory, which omits the "veil," is examined in Chapter V, together with his account of prudential reasoning and his argument for a necessary connection between moral obligation and rationality. His type of contract approach is demonstrated to be unworkable due to vague description of the initial situation. Moreover, it has unacceptable implications and cannot serve as an appropriate basis for moral justification in any case. ;I conclude that the ideal contract method is at best a very conditional procedure of moral justification, far more suitable for some types of moral conceptions than for others. It seems unlikely, furthermore, that achievement of wide reflective equilibrium or "full rationality" in Brandt's sense would result in a consensus favoring any one description of the initial contract situation. (shrink)

Presents an historical analysis of social contract theory by considering the works of prominent philosophers.

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 (...) class='Hi'>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 paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case (...) only in some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (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)

U radu se razmatraju pitanja u vezi s?teorijom drustvenog ugovora? u kontekstu savremenih politickih zajednica. Posebno se razmatra znacenje pojma prinude kao kljucnog predmeta politicke filozofije.

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)

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)

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)

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)

This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be ‘feminising’: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a (...) surety contract is analysed in detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions. (shrink)

This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a (...) source of norms to fillgaps in agreement, there is no equivalent source ofnorms for intimate relationships. The seconddifference is that, although relational theory entailsthe attenuation of self interest in commercialcontracts, in intimate relationships the sense inwhich self interest is attenuated is quite different,with the result that concepts such as cooperation andaltruism have different meanings. The result of thesedifferences is that, in some intimate relationships,there will be informal understandings falling short ofbargain, which will be unenforceable – under bothorthodox contract law and more relationalinterpretations of it. It is argued that many suchinformal agreements are distinguishable from mostgratuitous promises because they are characterised bya degree of reciprocity between the parties. Thepossibility of the law of contract recognising suchnon bargain agreements based on reciprocity isexplored, and it is argued that the enforcement ofsuch agreements represents a less distorting legalresponse than that available through the use ofpromissory estoppel. (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)

This article proposes a specific logic of dynamics for integrative social contracts theory that combines two empirically oriented process extensions strengthening concreteness of Donaldson and Dunfee’s conceptualization, namely international policy regime theory and Tiebout migration. While either would help “dynamize” and “concretize” ISCT, the two combined are even more insightful. Real-world policy regime processes can develop concrete action-guiding norms instantiating hypernorms to guide business decisions. Donaldson and Dunfee placed empirical reliance on expectation of converging parallel evolution of universal (...) principles and authentic local values. ISCT remains vague on how global or local norms can develop and change, for two reasons. First, ISCT does not explain mechanisms for how proposed hypernorms can become actual global norms and also become accepted across extant authentic communities. International policy regime theory explains how hypernorms can become instantiated as global norms expressed in policy regimes. Second, a basic element in ISCT is implied consent positing free exit from voluntary moral communities. Empirically, individuals or businesses may be unable to exit from undesired membership in authentic communities to which they do not consent. The Tiebout migration model provides valuable insights concerning how substantive mobility or its absence improves on the minimum ISCT assumption of implied consent. An integrated logic of ISCT dynamics generates a three-level framework in which instantiated hypernorms and authentic community norms can empirically change, and individuals or businesses can migrate more freely across extant communities. (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)

Do people have obligations by virtue of the fact that a given country is their country? Actual contract theory says they do because they have agreed to act in certain ways. Contemporary philosophers standardly object in terms of the 'no agreement' objection and the 'not morally binding' objection. I argue that the 'not morally binding' objection is not conclusive. As for the 'no agreement' objection, though actual contract theory succumbs, a closely related plural subject theory (...) of political obligation does not. Plural subject theory may be the truth in actual contract theory and should be explored in its stead. (shrink)

Contemporary social and political theory is not wholly sufficient for dealing with environmental issues unless it will be more informed by political theories of justice. I present the view that environmental justice can be fruitfully approached from the point of view of contemporary social contract theory, mainly the one inspired by the work of John Rawls. Healthy natural environment is indispensable for many reasons for every human society; however, nature possesses also value going beyond pure instrumentality for (...) human beings. Because humans can have great impact on natural environment in either positive or negative way, this entails duties on their part. Society’s dealings with the environment are regulated by laws and other publicmeasures, which in turn have their deeper justification in general theory of justice of that particular society. The article tries to show that contemporary social contract theory can fruitfully grasp principles of environmental justice, which could lead to more environment sensitive policies and be acceptable from liberal point of view at the same time.Politické myšlení nemůže adekvátně reagovat na environmentální problémy současné společnosti, pokud nebude více pracovat s konceptem environmentální spravedlnosti. V tomto článku se snažím ukázat způsob, jak může být otázka environmentální spravedlnosti uchopena pomocí teorie společenské smlouvy v podání Johna Rawlse. Lidé mají svoji činností významný dopad na životní prostředí, což má za následek nerovnou distribuci environmentálních dober a škod. Proto existují vůči ostatním lidem povinnosti vyplývající ze spravedlnosti vztahující se na environmentální oblast. Environmentální otázky se nicméně musí řešit pomocí závazných společenských pravidel, která mají podobu zákonů vynucovaných státem. Tyto zákony mají své hlubší ospravedlnění právě v určité teorii spravedlnosti, která zakládá jejich legitimitu. Ve článku se snažím ukázat, že pomoci teorie společenské smlouvy lze konstruovat soubor principů environmentální spravedlnosti pro společnost, která se chce stát více odpovědnou vůči životnímu prostředí a zároveň fungovat podle liberálních principů. (shrink)

Business and Society Review, Volume 126, Issue 1, Page 3-23, Spring 2021.