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

In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism,” he noted that, despite the widespread attention to Rawls’ A Theory of Justice, the appeal of contractualism as a moral theory had been under appreciated. In particular, the appeal of contractualism’s account of what he then called “moral motivation” had been under appreciated.1 It seems to me that, in the intervening quarter century, despite the widespread discussion of Scanlon’s work, the appeal of contractualism, in precisely this regard, has still been (...) under appreciated—even though Scanlon makes what he once called “moral motivation” central, throughout his work. My first aim, then, is to do my best to draw out and make vivid this appeal. I will do this by first considering the two questions that Scanlon thinks must be addressed by any moral theory, what he once called “the question of subject matter” and “the question of motivation.” I will spend some time first locating and explicating the second question, of motivation, and then displaying Scanlon’s answer to it—it is this answer which provides contractualism with its under-appreciated appeal. I will then return to the question of subject matter—which will, by that point, have been revealed as not wholly distinct from the question of motivation, as Scanlon understands it. But it is as an answer to this question that Scanlon’s theory is most often.. (shrink)