Online research in philosophy

This major study of Hobbes's 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.

John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, two of which (...) are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice. (shrink)

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.

It has become common to distinguish between altruistic and commercial contract motherhood (or ‘surrogacy’). Altruistic arrangements are based on the ‘gift relationship’: a woman is motivated by altruism to have a baby for an infertile couple, who are free to reciprocate as they see fit. By contrast, in commercial arrangements both parties are motivated by personal gain to enter a legally enforceable agreement, which stipulates that the contract mother or ‘surrogate’ is to bear a child for the intending (...) parents in exchange for a fee. She is required to undergo medical examinations and to refrain from behaviour that could harm the foetus. The intending parents are the child's legal parents from the outset. The parties to the contract can, but are not expected to, maintain contact after the transaction is completed. We argue that contract motherhood should not be organized according to the norms of the gift relationship, and that contract mothers should be compensated for their labour. However, we accept that there are good reasons for rejecting the commercial model as a suitable framework for contract pregnancy, and argue, instead, in favour of viewing it as a profession. (shrink)

This paper is about the remedy of disgorgement for breach of contract. In it I argue for two conclusions. I first argue that, prima facie at least, disgorgement damages for breach of contract present something of a puzzle. But second, I argue that if we pay close attention to the notion of contractual performance, this puzzle can be resolved in a way that is consistent with principles of corrective justice. In particular, I suggest that even if a (...) class='Hi'>contract gives the promisee a right to only the promisor's performance of the contract, such a right can sometimes entail the acquisition by the promisee of certain rights of ownership. And in situations in which such rights are acquired, the disappointed promisee is entitled to the gains realized by the promisor in breach of contract by reason of the fact that such gains are something to which the promisee has an antecedent right. (shrink)

The possibility of collective action is essential to human freedom. Yet, as Rousseau famously argued, individuals acting together allow themselves to depend on one another’s choices and thereby jeopardize one another’s freedom. These two facts jointly constitute what I call the normative problem of collective action. I argue that solving this problem is harder than it looks. It cannot be done merely in terms of moral obligations; indeed, it ultimately requires putting in place a full-fledged system of contract rights. (...) The point has important ramifications for contract theory. The role that contract rights play in reconciling collective action and freedom turns out to be crucial to understanding how—and by whom—these rights can legitimately be enforced. It also explains why expectation damages should be the standard remedy for breach of contract. (shrink)

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)

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.

THE first and most important deduction from the principles we have so far laid down is that the general will alone can direct the State according to the object ...

In today's world two narrations are vital for understanding human bonds: the account of reciprocal recognition, the Covenant, as told in the book of Genesis, ...

In addition, this edition offers the best available translation of the late and important Government of Poland and the only published English translation of the fragment Constitutional Project for Corsica, which, says Watkins, provides the ...

In addition, this edition offers the best available translation of the late and important Government of Poland and the only published English translation of the fragment Constitutional Project for Corsica, which, says Watkins, provides the ...

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.

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.

Sociological Jurisprudence and Legal Economics: Risks and Rewards Terence Daintith gunther teubner Firenze Introduction Contract and Organisation - these ...

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, (...) here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

One unique part of Rousseau's Social Contract is his argument that a just society must have a specific constitutional arrangement of powers centred around what he calls the Sovereign and the Prince. This makes his philosophy different from other contractualists, such as Hobbes and Locke, who think that the principles of good government are compatible with any number of institutional structures. Rousseau's constitutional theory is thus significant in a way that has no parallel in Hobbes or Locke. More to (...) the point, any problems that exist in his constitutional theory will have consequences for his political thought as a whole. This article argues that there is a contradiction at the center of Rousseau's theory of institutions that threatens the cogency of the Social Contract. Key Words: Rousseau • separation of powers • social contract • sovereignty. (shrink)

This article is extracted from a forthcoming book, ‘Natural Justice’. It is a nontechnical introduction to the part of game theory immediately relevant to social contract theory. The latter part of the article reviews how concepts such as trust, responsibility, and authority can be seen as emergent phenomena in models that take formal account only of equilibria in indefinitely repeated games. Key Words: game theory • equilibrium • evolutionary stability • reciprocity • folk theorem • trust • altruism • (...) responsibility • authority. (shrink)

This paper argues that widely accepted understanding of the respective responsibilities of business and government in the post war industrialized world can be traced back to a tacit social contract that emerged following the second world war. The effect of this contract was to assign responsibility for generating wealth to business and responsibility for ensuring the equitable sharing of wealth to governments. Without question, this arrangement has resulted in substantial improvements in the quality of life in the industrialized (...) world in the intervening period. I argue that with advance of economic globalization and the growing power and influence of multi national corporations, this division of responsibilities is not longer viable or defensible. What is needed, fifty years after the United Nations Declaration of Human Rights, is a new social contract that shares responsibilities for human rights and related ethical responsibilities in a manner more in keeping with the vision captured by the post war Declaration. I conclude by suggesting some reasons for thinking that a new social contract may be emerging. (shrink)

The framing question of Mills' important and thought-provoking paper is whether there is reason for political progressives and radicals to employ the notion of a social contract for either descriptive or normative purposes. In contrast to the common response that the social contract is a piece of "bourgeois mystification" he argues instead that a reformulated conception of the contract, one which he calls the..

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)

Rousseau's Social Contract is a benchmark in political philosophy. It has inspired and influenced moral and political thought since publication and is widely studied for this reason. This GuideBook takes a thematic look at the text, discussing and examining ideas in the context of the time and their implications for future philosophical and political thought. It will be vital reading for anyone coming to the book for the first time.

Brian Skyrms has argued that the evolution of the social contract may be explained using the tools of evolutionary game theory. I show in the first half of this paper that the evolutionary game-theoretic models are often highly sensitive to the specific processes that they are intended to simulate. This sensitivity represents an important robustness failure that complicates Skyrms's project. But I go on to make the positive proposal that we may none the less obtain robust results by simulating (...) the population structures that existed among our evolutionary ancestors. It is by extending the evolutionary models in this way that we should pursue the project of explaining the evolution of the social contract. (shrink)

A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But (...) we can say roughly that contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples. (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)

There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of (...) agreements. This article considers one facet of this debate: evaluating the relevance of the fact that the remedies available for breach of contract can vary significantly from one jurisdiction to another. This wide variation in remedies for breach of a (contractual) promise is one central difference between promises in morality and enforceable agreements in law. The article asserts that variation of remedies strongly supports the conclusion that there is (and can be) no general, universal theory of Contract Law. (shrink)

Does rational bargaining yield a social contract that is efficient and so inclusive? A core allocation, that is, an allocation that gives each coalition at least as much as it can get on its own, is efficient. However, some coalitional games lack a core allocation, so rationality does not require one in those games. Does rationality therefore permit exclusion from the social contract? I replace realization of a core allocation with another type of equilibrium achievable in every coalitional (...) game. Fully rational agents coordinate the pursuit of incentives so that equilibria of this type are efficient. They adopt a social contract that is efficient and inclusive. (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)

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for (...) all partners involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

Rousseau and Geneva reconstructs the main aspects of Genevan socio-economic, political and religious thought in the first half of the eighteenth century. In this way Dr Rosenblatt effectively contextualizes the development of Rousseau's thought from the First Discourse through to the Social Contract. Over time Rousseau has been adopted as a French thinker, but this adoption obscures his Genevan origin. Dr Rosenblatt points out that he is, in fact, a Genevan thinker and illustrates for the first time that Rousseau's (...) classical republicanism, his version of natural law theory, his civil religion, and his hostility to the arguments of doux commerce theorists are all responses to the political use of such arguments in Geneva. The author also points out that it was this relationship with Geneva that played an integral part in his development into an original political thinker. (shrink)

Despite significant ethical advances in recent years, including professional developments in ethical review and codification, research deception continues to be a pervasive practice and contentious focus of debate in the behavioral sciences. Given the disciplines' generally stated ethical standards regarding the use of deceptive procedures, researchers have little practical guidance as to their ethical acceptability in specific research contexts. We use social contract theory to identify the conditions under which deception may or may not be morally permissible and formulate (...) practical recommendations to guide researchers on the ethical employment of deception in behavioral science research. (shrink)

Social contract theory has been criticized as a “theory in search of application.” We argue that incorporating the nano, or individual, level of analysis into social contract inquiry will yield more descriptive theory. We draw upon the psychological contract perspective to address two critiques of social contract theory: its rigid macro-orientation and inattention to the process of contract formation. We demonstrate how a psychological contract approach offers practical insight into the impact of social contracting (...) on day-to-day human interaction. We then articulate several potentially testable propositions that emerge from this nano-level perspective. (shrink)

The outsourcing of medical research has become a strategic imperative in the global pharmaceutical industry. Spurred by the challenges of competition, the need for speed in drug development, and increasing domestic costs, pharmaceutical companies across the globe continue to outsource critical parts of their value chain activities, namely contract clinical research and drug testing, to sponsors across the globe, typically into emerging markets. While it is clear that important ethical issues arise with this practice, unraveling moral responsibility and the (...) allocation of responsibility is not so clear, considering that contracts, by their very definition transfer responsibility from the principal to the agent. This research provides a framework for exploring some of the ethical issues, including attributions of moral responsibility associated with Contract Medical Research. Using a theory of strategic and moral behavior, the research shows that both clients and sponsors in contract research have individual and collective responsibility to ensure that due care and diligence is exercised in the performance of clinical research. The research suggests some guidelines for stakeholder action. (shrink)

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge (...) the Whiggish characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic (...) Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation into modular assumption-based argumentation in which different modules of argumentation representing different knowledge bases for reasoning about beliefs and facts and for representation and reasoning with the legal doctrines could be built and assembled together. A distinct novel feature of modular argumentation in compare with other modular logic-based systems like Prolog is that it allows references to different semantics in the same module at (...) the same time, a feature critically important for application of argumentation in legal domains like contract dispute resolution where the outcomes of court cases often depend on whether credulous or skeptical modes of reasoning were applied by the contract parties. We apply the new framework to model the doctrines of contract breach and mutual mistake. (shrink)

I read Sara Kofman's work on Nietzsche, Charles Mills' _The Racial Contract_, and Kodwo Eshun's Afrofuturist musicology to argue that most condemnations of "faking it" in music rest on a racially and sexually problematic fetishization of "the real.".

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. It focuses on justification according to the contractarian point of view (leaving compliance and implementation problems to a related article, [Sacconi 2004b, forthcoming in the Journal of Business Ethics]). 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)

The main point of the paper is the claim that a strong notion of cognitive context can answer the needs of a representation of dialogue context, with a higher generality than the "normative" notion suggested by Gauker. I will discuss some well known claims in the literature about communication and context, and I will suggest giving a central role to the notion of contract or semantic bargaining and to the normative constraints of indexicals and anaphora.

Abstract. There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand, are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand, are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types (...) of agreements. This article considers one facet of this debate: evaluating the relevance of the fact that the remedies available for breach of contract can vary significantly from one jurisdiction to another. This wide variation in remedies for breach of a (contractual) promise is one central difference between promises in morality and enforceable agreements in law. The article asserts that variation of remedies strongly supports the conclusion that there is (and can be) no general, universal theory of Contract Law. (shrink)

Professor Donaldson in his book Corporations and Morality has attempted to use a social contract theory to develop moral principles for regulating corporate conduct. I argue in this paper that his attempt fails in large measure because what he refers to as a social contract theory is, in fact, a weak functionalist theory which provides no independent basis for evaluating business corporations. I further argue that given the nature of a morality based on contract and the nature (...) of the modern corporation, it is highly unlikely that any plausible contract theory of business ethics can be developed. (shrink)

Charles Renouvier (1815-1903) regarded normative questions in epistemology and philosophy of science as analogous to those in moral and political philosophy and proposed similar ways of dealing with both. He argued that it was not possible to achieve certainty or even complete consensus in either morality or science. In the social and ethical realm, people should deal with these problems through their voluntary agreement to a social contract that consists of what he called “positive conventions and laws.” This social (...) contract has no normative force unless it is entered into voluntarily. Once it is agreed upon, it provides the basis for civil liberties. It should always remain open to criticism and revision. Denying Kant’s distinction between theoretical and practical reason, Renouvier held that knowledge also depends upon freedom of the will and individual liberty. Just as rules that one is forced to obey have no moral authority, propositions one is forced to accept have no epistemic authority. Renouvier also drew an analogy between the ways in which the social contract and science develop over time through the critical examination of accepted views, thus suggesting that scientific theories were conventional in the same way as the social contract. Science then appears to depend on two sorts of social contract for Renouvier: one that governs society at large and guarantees freedom of inquiry and another that is shared among the scientific community and consists in theories and methods that are conventionally held and subject to critical evaluation and modification. (shrink)

Drawing on the Second Discourse and the Social Contract and Notes from Underground and “The Dream of a Ridiculous Man,” this essay examines the striking similarities and fundamental differences between Dostoevskij’s and Rousseau’s treatment of the problem of individual vs. society and their notions of ideal social relations. The essay investigates Rousseau’s attempt to absorb morality into politics and “to concretize” Diderot’s universal moral man into citizen. It also suggests that Dostoevskij takes Rousseau’s attempt at concretization a step further (...) by exposing humanist conceptions of man and society in general as fiction and creating a model of ideal society that absorbs morality, not into politics (as does Rousseau’s model), but into the sanctity of the Word. (shrink)

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)

For Charles Mills, the "Racial Contract" is a set of meta-agreements between whites to categorize nonwhites as subpersons of inferior moral and legal status relative to whites. This "contract" gives whites the right to exploit non-whites and deny them opportunities provided to whites. It portrays non-whites as designated to serve whites much as non-humans were designated by God to serve the benefit of humans. Mills argument helps make clear how, for most of the modern era, whites have had (...) as little obligation to recognize the rights of non-whites as they have had to recognize the rights of non-humans. (shrink)

The new idea of a 'parenting contract', explicitly taking as its point of reference the United Nations Convention on the Rights of the Child, is meant primarily to protect children's rights, and specifically the right to a proper upbringing. The nature of the parent-child relationship is thus drawn into the discourse of rights and duties. Although there is much to be said for parents explicitly attending to their children's upbringing, something of the uniqueness of the parent-child relationship seems to (...) be occluded by the language of rights and duties as that relationship becomes narrowed down to the confines of a contractual agreement. What comes to be foregrounded in the parent-child relationship is a defence of the various parties'—the parents' and the child's—interests. By drawing on the work of Annette Baier, we argue that this has considerable consequences in terms of trust and distrust, and parental engagement. It is questioned whether the concept of the parenting contract brings about the positive climate of engagement which it is meant to promote. (shrink)

In The Frontiers of Justice, Martha Nussbaum argues that social contract theory cannot accommodate political duties to animals because it requires the parties to the contract to enjoy rough physical and mental equality. Her interpretation of the social contract tradi­tion is unpersuasive; social contract theory requires only that the parties be equally free and deserving of moral consideration. Moreover, social contract theory is superior to her capabilities approach in that it allows us to limit the (...) scope of the community of justice to animals we are capable of recognizing as subjects of justice and with whom we have a political relationship. (shrink)

‘Contract cheating’ has recently emerged as a form of academic dishonesty. It involves students contracting out their coursework to writers in order to submit the purchased assignments as their own work, usually via the internet. This form of cheating involves epistemic and ethical problems that are continuous with older forms of cheating, but which it also casts in a new form. It is a concern to educators because it is very difficult to detect, because it is arguably more fraudulent (...) than some other forms of plagiarism, and because it appears to be connected to a range of systemic problems within modern higher education. This paper provides an overview of the information and literature thus far available on the topic, including its definition, the problems it involves, its causal factors, and the ways in which educators might respond. We argue that while contract cheating is a concern, some of the suggested responses are themselves problematic, and that best practice responses to the issue should avoid moral panic and remain focussed on supporting honest students and good academic practice. (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.

In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests (...) on the suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In contrast, I argue that the classical theorists implicitly presuppose that the precedential authority of cases consists in the best theory that explains their outcomes, even if that theory is inconsistent with the case's express judicial reasoning. The classical view of precedential authority completely defuses Gilmore's charge of fraud. In Gilmore's view, merely demonstrating the inconsistency between the proposition for which the classical theorists cited a case and the express reasoning in that case suffices as proof of misrepresentation. But in the classical theorists' view, the express reasoning in a case is simply a theory of its precedential authority, which, like any theory, can be wrong. Thus, the classical theorists simply reject Gilmore's claim that a case cannot properly be cited for a proposition inconsistent with its express reasoning. The real dispute, then, between Gilmore and the classical theorists is over the nature of precedential authority and not the content of contract law. Having reframed the classic death-of-contract debate, I then trace these competing conceptions of precedential authority through the major schools of contemporary contract theory. I argue that a contract theory's embrace of one view instead of the other can be explained by the relative priority it accords to each of the two components in a conception of adjudicative legitimacy. A conception of adjudicative legitimacy consists in a theory of what it means for a decision to be based on law and a theory of what is required for law to be justified. I explain why theories according priority to the former tend to subscribe to the precedents-as-outcomes view, while theories according priority to the latter tend to favor the express reasoning view. The Essay concludes by arguing that the economic analysis of contract law subscribes to the precedents-as-outcomes view and therefore is the contemporary jurisprudential successor to the late nineteenth-century classical theorists. (shrink)

Bernard Gert's distinctive interpretation of the philosophy of Thomas Hobbes in his recent book may be questioned in at least three areas: (1) Even if Hobbes is not a psychological egoist, he seems to be a desire egoist, which has the consequence, as he understands it, that a person acts at least for his own good in every action. (2) Although there are several senses of reason, it seems that Hobbes uses the idea that reason is calculation of means to (...) ends; while such calculation sets intermediate goals, reason itself does not set ultimate ends. (3) Hobbes's political theory is best understood as a form of social contract theory because subjects covenant among themselves to authorize the sovereign to protect them; authorization has the consequence that subjects give some of the their rights to the sovereign; but this gifting of rights is not the essence of the origin of the civil state. (shrink)

In this paper, the nature of the contract of employment is explored from an ethical point of view. It is argued that certain normative arguments should be taken into account in order to justify such a contract. Furthermore, an argument is developed against the claim that (a) the individual’s freedom of decision and (b) the practice of institutional arrangements are sufficient to justify a contract of employment. The dimensional analysis offered shows that further conditions are needed: (a) (...) must be elaborated and interpreted to the extent that this condition is not sufficient – rather sub-criteria regarding the agent’s state of knowledge must be met; and (b) should be supplemented by a demand for fairness. A tentative analysis of existing work contracts is the starting point for the ethical analysis. The aim is to show what a legitimate, or reasonable, contract of employment will require. Finally, some important normative implications and consequences regarding the contract’s normative status are discussed. (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)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

This article discusses the fortuitous genesis of the book of my conversations with Angela Y. Davis, Abolition Democracy (Seven Stories, 2005) and traces some of the intellectual and philosophical sources that informed the specific questions and approaches that inform the dialogue. Davis’ relationships to Georg Rusche and Otto Kirchheimer, as well as to Foucault, are discussed. Similarly, Davis’ place within a critical black American political-philosophical tradition is analyzed. The essay focuses mainly, however, on the way in which Davis’ work on (...) the prison industrial complex profiles an unsuspected contribution to political philosophy that links up the disciplinary origins of American democracy with its racial contract to give rise to the prison contract. In the tradition of Charles Mills, Davis’ radical theory of penality unmasks and denounces the over-determined relationship between surplus punishment and the racial character of the US polity in terms of theproductivity of the prison system. (shrink)

This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For a waiver of such (...) rights to be valid, however, employees must have full knowledge of its terms.The question addressed here bears on several legal and policy issues affecting termination of the employment relation. If employees can contract away their right to a goodcause discharge, the American doctrine of employment at willmight find justification in the face of that right. In addition, the alienability of such discharge rights may be necessary to justify express disclaimers of wrongful discharge liability and the waiver provision of the new U.S. Draft Uniform Employment-Termination Act. (shrink)

The public responsibilities of nonprofit hospitals have been contested since the advent of the 1969 community benefit standard. The distance between the standard's legal language and its implementation has grown so large that the Internal Revenue Service issued a new reporting form for 2008 that is modeled on the Catholic Health Association's guidelines for its member hospitals. This article analyzes the appearance of an emerging moral consensus about community benefits to argue against a strict charity care mandate and in favor (...) of directing efficient care delivery and healthy community initiatives to underserved populations. The analysis turns on three moral conceptions of community benefits, the social contract model of hospital critics and the common good and covenantal models of Catholic and Jewish hospitals. (shrink)

From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It (...) traces roots of such ideas in some fascinating and largely forgotten strands of the history of economics. It draws attention to the question of "responsibility" which neoclassicism has utterly lost sight of. It is startlingly fresh in its overall approach, and unusually well written in its presentation. ... It constitutes a better case for its economic democracy viewpoint than anything else in the literature." . (shrink)

In "Democracy and Tradition," Jeffrey Stout contends that American constitutional democracy constitutes a well-functioning moral and political tradition that is not hostile to religion, although it does not depend on any specifically religious claims. I argue that Stout's contention is supported by a consideration of the great common law subject of contracts, as taught to first-year law students across the United States. First, I demonstrate how contract law can fruitfully be understood as a Maclntyrean tradition. Second, I illustrate the (...) moral richness of this tradition, and the mutually interpreting nature of rules and facts, by close attention to one particularly colorful case, Syester v. Banta. I conclude by suggesting that both religious and secular ethicists might find common law cases in general and contract law cases in particular to be a source of moral reflection that is substantively rich without being religiously divisive. (shrink)

Austin's ?doctrine of the infelicities?, whereby performative utterances are vulnerable to the risk of failure, has been criticized for treating such a possibility as contingent rather than as necessary (and hence revelatory of the essential nature of speech acts). This paper seeks to trace out what is at stake for one who maintains Austin's position. It examines Austin's curious hypothetical history of the development of speech acts, which is found to resemble forms of social?contract theory, and the problem with (...) this hypothetical history is shown to be that it presupposes as original the very properties that it sets out to explain. The argument is then made that Austin's technicalization of the conditions and context of speech acts displaces our attention from the deeper issue that both speech?act and contract theory are versions of a concern with making social action transparent, and both raise the perennial (and insoluble) problem of trust in human affairs. (shrink)

Although contract sugarcane farming is the most dominant and popular land use among farmers in Nzoia Sugarbelt, results from a 2007 study suggests that the intended goal of increasing farmers’ incomes seems to have failed. With a mean monthly income of Kenya Shillings 723 (US $ 10) from an average cane acreage of 0.38 hectares, it would be difficult for a household of eight family members to meet their basic needs and lead a decent life. Analysis of farmer statements (...) showed that up to 86% of the changes in net income were significantly determined by six cost variables as a group (i.e., acreage, tillage costs, seedcane costs, transport costs, yield, and farmer’s education level). Area under sugarcane had the greatest influence on net income whereby an increase in one hectare under cane would result in an increase of Kenya Shillings 110,427 in net income (per crop cycle of 21 months), holding other variables constant. This translates into Kenya shillings 5,258 per month (or 175 per day per household, or for a family of eight people—KES 22 or US $ 0.3) per member, which is far below the international standard of absolute poverty. Key net income depressors were tillage, seedcane, and transportation costs, all of which were determined by the company with no input from farmers. To bridge income gaps between the company and farmers in favor of sustainable community livelihoods, this paper argues strongly for the need to institutionalize Corporate Social Responsibility within the daily operations of the company particularly to address net-income depressors. Ten key building blocks for such a policy for Nzoia Sugar Company are suggested, based on farmers’ responses and ethical considerations. (shrink)

Agricultural production in the western world in our time is primarily agribusiness. As such, a business ethics approach can be extended to agricultural production. Given the nature of the agricultural production system, however, not only are general principles for business ethics applicable, but more specific obligations need to be generated. A social contract approach such as Donaldson's, with modifications, serves to provide both the general principles for the ethical practice of agribusiness, as well as more specific obligations for agents (...) in the production system. An analysis of three cases is offered in order to highlight ethical issues particular to agribusiness, as well as to provide content for the principles which the social contract view regarding agribusiness can be seen to generate. (shrink)

By combining normative philosophy and empirical social science, we craft a research framework for assessing differential expectations embodied in normative conceptions of the economic social contract in the United States. We argue that there are distinctviews of such a contract grounded in individualist and communitarian philosophical ideologies. We apply this framework to organizational downsizing, postulating that certain human resource practices, in combination with the respective ideological orientations, will affect perceptions of the justice of downsizing policies.Living up to one’s (...) word is a decisive measure of moral character. Within the microsocial realm of the family, promises and commitments derive their social force and cultural meaning from the idea that love or biology binds people together in an absolute way. But outside of this world, in the larger society, the only thing binding people together is a sense that there is a social contract, a set of common obligations held collectively by society as a whole. But today’s workers say no one seems to care whether these promises are kept. (shrink)

: This essay examines the reconfiguration of the racial and sexual contracts underpinning democratic theory and practice in the transition to independence in India. Drawing upon the work of Carole Pateman and Charles Mills, Keating argues that the racialized fraternal democratic order that they describe was importantly challenged by nationalist and feminist struggles against colonialism in India, but was reshaped into what she calls a postcolonial sexual contract by the framers of the Indian Constitution.

Can animals, and especially cattle, be the subject ofmoral concern? Should we care about their well-being?Two competing ethical theories have addressed suchissues so far. A utilitarian theory which, inBentham's wake, extends moral consideration to everysentient being, and a theory of the rights orinterests of animals which follows Feinberg'sconceptions. This includes various positions rangingfrom the most radical (about animal liberation) tomore moderate ones (concerned with the well-being ofanimals). Notwithstanding their diversity, theseconceptions share some common flaws. First, as anextension of primarily anthropocentric (...) theories (aboututility or rights) they still participate in the flawsof the original setting. Second, extending them tonon-human beings raises the problem of the borderwhich is to be drawn between what can be included inthe purview of moral consideration and what is leftoutside. Third, such theories are not able to distinguishbetween an ethics of wildlife and an ethics ofdomestic life, which too often leads to preposterousstatements. We would like to argue (i) that we should distinguishbetween environmental ethics (concerned withpopulations, species, biotic communities) and animalethics (where animals are taken into consideration individually);(ii) that individualist animal ethics are not relevantfor animal rearing; (iii) that animal rearing is a hierarchicalrelationship which rules are to be found in the fiction of a domesticcontract.Hence, we would like to construct a new conception ofthe ethics of the relation between men and the cattlethey breed based on the idea of a domestic contract.Our main assumption is Mary Midgleys's anthropologicalassumption, according to which human communities,since the Neolithic age, have always included variousanimals, so that relations of sociability have alwaysexisted between human beings and animals within thedomestic community (a mixed community). In order tospecify the hierarchical and non-egalitarian, butinclusive reciprocal obligations and relations insidesuch a community, we will elaborate on the notion ofa ``domestic contract'', an implicitly assumedidea traced back to Lucretius and whichwe will follow up to the physiocrats and Adam Smith.We will show that such an idea relies upon theassumption of communication between cattle farmer andanimals, of shared experience and exchanges betweenthe two parties. We will then show how modern factory,or battery animal farming, can be seen as unilaterallybreaking this domestic contract, forsaking ourduties towards domestic animals. (shrink)

The new idea of a 'parenting contract', explicitly taking as its point of reference the United Nations Convention on the Rights of the Child, is meant primarily to protect children's rights, and specifically the right to a proper upbringing. The nature of the parent-child relationship is thus drawn into the discourse of rights and duties. Although there is much to be said for parents explicitly attending to their children's upbringing, something of the uniqueness of the parent-child relationship seems to (...) be occluded by the language of rights and duties as that relationship becomes narrowed down to the confines of a contractual agreement. What comes to be foregrounded in the parent-child relationship is a defence of the various parties'—the parents' and the child's—interests. By drawing on the work of Annette Baier, we argue that this has considerable consequences in terms of trust and distrust, and parental engagement. It is questioned whether the concept of the parenting contract brings about the positive climate of engagement which it is meant to promote. (shrink)

Social contracts are the mechanisms by which society legitimizes professions and grants them authority and autonomy to carry out their functions. The nursing profession is currently renegotiating its contract with society in a manner which clearly reflects a change from physician dominance, and emphasis on illness care to increased independent and autonomous functioning within a newly developing framework of nursing science which emphasizes health care. In return for their services, nurses are also negotiating for those benefits which historically they (...) have not received. These include legitimization of their newly acquired autonomous role functions, and adequate reimbursement mechanisms and structures. When the contemporary role of the nurse is fully legitimzed, the impact on contemporary society and health care is likely to be enormous. (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)

The law of insider trading has progressed from an expansive approach, according to which all trading on nonpublic information was considered illegal, to a constricted approach, under which corporate outsiders are permitted to trade on nonpublic information provided such trading does not breach a fiduciary duty. This article analyzes both the former, expansive theory and the currently utilized constricted theory, within a framework of basic tenets of the American capitalist social contract regarding legitimacy of property claims. The existing constricted (...) approach to the regulation of insider trading is found to be deficient in meeting the expectations of two core components of the social contract: it discourages procedural equality of opportunity, and it endorses claims to property that are not characterized by legitimate methods of acquisition or transfer. Because the old, expansive regulatory interpretation was more consistent with the terms of the social contract in regard to property claims, it served our economic and ethical expectations more effectively than the system presently in place. Accordingly, the article culminates in a recommendation that the expansive approach to regulating insider trading be reestablished under Unites States law. (shrink)

A growing body of theory has focused on privacy as being contextually defined, where individuals have highly particularized judgments about the appropriateness of what, why, how, and to whom information flows within a specific context. Such a social contract understanding of privacy could produce more practical guidance for organizations and managers who have employees, users, and future customers all with possibly different conceptions of privacy across contexts. However, this theoretical suggestion, while intuitively appealing, has not been empirically examined. This (...) study validates a social contract approach to privacy by examining whether and how privacy norms vary across communities and contractors. The findings from this theoretical examination support the use of contractual business ethics to understand privacy in research and in practice. As predicted, insiders to a community had significantly different understandings of privacy norms as compared to outsiders. In addition, all respondents held different privacy norms across hypothetical contexts, thereby suggesting privacy norms are contextually understood within a particular community of individuals. The findings support two conclusions. First, individuals hold different privacy norms without necessarily having diminished expectations of privacy. Individuals differed on the factors they considered important in calculating privacy expectations, yet all groups had robust privacy expectations across contexts. Second, outsiders have difficulty in understanding the privacy norms of a particular community. For managers and scholars, this renders privacy expectations more difficult to identify at a distance or in deductive research. The findings speak directly to the needs of organizations to manage a diverse set of privacy issues across stakeholder groups. (shrink)

This study explores the legal and ethical issues associated with contract pricing. In particular, it focuses on a set of legal precedents which have addressed the enforceability of allegedly unfair contract prices. Traditionally, the common law has emphasized the consent of the parties. If the parties consented to a given price; it is presumptively fair and enforceable. The cases reviewed in this study, however, seem to draw upon alternative moral conceptions of fairness not normally associated with the common (...) law. The analysis begins by distinguishing the traditional legal conception of fairness from alternative moral conceptions. The cases are then read with a critical eye so as to tease out the underlying principles which best explain them. The analysis illustrates that, notwithstanding judicial rhetoric to the contrary, the courts continue to employ the traditional legal notion of fairness, to the exclusion of alternative moral concerns. The study clarifies an otherwise murky area of the law and illustrates that the legal meaning of fairness differs greatly from the moral one. (shrink)

In this 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 employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. Skyrms 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 read by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (shrink)

This paper argues for the need for a better grounded theoretical understanding of the integrity crisis facing much of sub-Saharan Africa. Many of Africa's problems are not unique or peculiar to the region. The paper locates Africa's integrity crisis in the social historical situation characterized by what we term the tribesperson in transition, a phenomenon where people find themselves caught up in tensions, conflicts and anxieties as they attempt to transit from the traditional to the modern. These conflicts, tensions and (...) anxieties create the integrity crisis we are witnessing. Problems are exacerbated by the fact that even the very states themselves are bifurcated along the lines of modern versus tribal/ethnic. Failure to develop national consensus on moral matters, a reluctance of modern states to meet their obligations to their people, and failure to incorporate moral virtues from tribal society into modern contract societies are some of the problems exacerbating the moral problem the region faces. We offer related ideas as avenues to solutions. (shrink)

. Employees of large blue chip corporations in the 1950s through the mid-1960s demonstrated great loyalty to their employers. In return, those employers provided cradle to grave job security and benefits for their workers. During the 1980s, however, this social contract between employees and employers seems to have undergone a change. The norms of the organization man of the earlier period passed from use and a new normative framework seems to have developed. The norm of loyalty on the part (...) of both parties seems to have passed from practice. Employers would now terminate employees if it was in their short term interest to do so, while employees began to move from company to company, no longer making a career with one employer. Many writers have attributed this new employment relationship to the dynamics of the times, as we move from modern to late modern/early post-modern times. This paper reports the findings of a pilot qualitative study done with graduating seniors from an AACSB accredited business school (n=48). The subjects were asked to write self-reflective essays on the following themes: Given the nature of the new employment contract, are careers a vestige of the past? How do you feel about such concepts as career self reliance and career resiliency? Do you feel “at risk” in the new world of work? If so why, if not why not? If so, how do you plan to deal with it? The paper reports the critical response patterns of these graduating seniors and draws insights and conclusions from the literature illuminating the student reflections. (shrink)

Social contract theory has a rich history. It originated among the ancients with recognition that social arrangements were not products of nature but convention. It developed through the centuries as theorists sought ethical criteria for distinguishing good conventions from bad. The search for such ethical criteria continues in recent attempts to apply social contract theory to organizations. In this paper, I question the concept ofconsent as a viable ethical criterion, and I argue for an alternate principle of impartiality (...) as a more appropriate moral norm in a social contracttheory of organizations. (shrink)

This article explores what an ethicfor organic animal husbandry might look like,departing from the assumption that organicfarming is substantially based in ecocentricethics. We argue that farm animals arenecessary functional partners in sustainableagroecosystems. This opens up additional waysto argue for their moral standing. We suggestan ethical contract to be used as acomplementary to the ecocentric framework. Weexpound the content of the contract and end bysuggesting how to apply this contract inpractice. The contract enjoins us to share thewealth (...) created in the agroecosystem (by ourjoint contributions) by enjoining us to carefor the welfare and needs of the individualanimal, and to protect them from exploitation(just as human co-workers should not beexploited). The contract makes promoting goodanimal welfare a necessary condition forbenefiting farm animals. Animals for their partare guaranteed coverage under the contract solong as they continue to contribute to thesystem with products and services. (shrink)

Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their ‹license to operate.’ The appearance of these trends in (...) individual and organizational behavior towards outcomes that are more explicitly congruent with ethical and social values has significant implications for understanding the psychological contracts being created today. In this paper, we examine issues associated with the psychological contract and ethical standards of behavior, focusing on both the individual and organizational levels. (shrink)

By combining normative philosophy and empirical social science, we craft a research framework for assessing differential expectations embodied in normative conceptions of the economic social contract in the United States. We argue that there are distinctviews of such a contract grounded in individualist and communitarian philosophical ideologies. We apply this framework to organizational downsizing, postulating that certain human resource practices, in combination with the respective ideological orientations, will affect perceptions of the justice of downsizing policies.Living up to one’s (...) word is a decisive measure of moral character. Within the microsocial realm of the family, promises and commitments derive their social force and cultural meaning from the idea that love or biology binds people together in an absolute way. But outside of this world, in the larger society, the only thing binding people together is a sense that there is a social contract, a set of common obligations held collectively by society as a whole. But today’s workers say no one seems to care whether these promises are kept. (shrink)

In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Understandings and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical (...) and transactional contexts and, argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches. (shrink)

We discuss contract theory from a combined Austrian/new institutional view. In the latter view, the world is seen as shot through with ignorance and transaction costs, but, as a tendency, entrepreneurial activity responds to the problems caused by these. All modelling must critically reflect this. This ontological commitment is contrasted to various isolations characteristic of contract theory, specifically the modelling strategy of introducing often ad hoc and unexplained constraints that suppress margins and possibilities of entrepreneurial actions that would (...) be open to real-world decision-makers. We illustrate this by means of, for example, the treatment of asymmetric information under complete contracting and the notion of control rights under incomplete contracting. (shrink)

This article examines the application of social contract theorizing to questions pertaining to the rights of indigenous peoples today, with particular reference to recent work by Jeremy Waldron. It is argued that such theorizing must be examined with reference not only to the content of its claims, but also with respect to its general mode of argumentation and its political function in specific contexts. Read in this light, social contract theory may function to unduly deny the claims of (...) indigenous peoples, oftentimes by shifting the register of debate to a relatively abstract and counter-factual level and relieving settler-colonial societies of the burden of proof. Insofar as social contract theory operates to this effect, it is analysed in terms of a ‘Settler Contract’. (shrink)

This paper aims to rethink the reason why nineteenth century common lawyers required a promise to be ‘accepted’. James Gordley expresses his opinion on this matter that they did it just in order to answer the annoying question of why and when a promise was binding. He might be right if he were dealing with the nineteenth century civil lawyers. But he cannot explain why common law of contract still employs the doctrine of consideration and refuses to replace the (...) concept of promise with the notion of offer, despite the doctrine of offer and acceptance. This paper reminds readers that the word promise is rather moral than legal. Thenineteenth century common lawyers wanted not to lose the moral force of this word, so they could not exchange a promise for an offer. What they actually did is not to require a promise to be ‘accepted’ but to require ‘a promise’ to be accepted. (shrink)

Discourse on the sciences and the arts -- Discourse on inequality -- On the social contract.

This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics(CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and (...) method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

Sometimes the mentally ill have sufficient mental capacity to refuse treatment competently, and others have a moral duty to respect their refusal. However, those with episodic mental disorders may wish to precommit themselves to treatment, using Ulysses contracts known as “mental health advance directives.” How can health care providers justify enforcing such contracts over an agent’s current, competent refusal? I argue that providers respect an agent’s autonomy not retrospectively—by reference to his or her past wishes—and not merely synchronically—so that the (...) agent gets what he or she wants right now—but diachronically and prospectively, acting so that the agent can shape his or her circumstances as the agent wishes over time, for the agent will experience the consequences of providers’ actions over time. Mental health directives accomplish this, so they are a way of respecting the agent’s autonomy even when providers override the agent’s current competent refusal. (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)

Epicurus is one of the first social contract theorists, holding that justice is an agreement neither to harm nor be harmed. He also says that living justly is necessary and sufficient for living pleasantly, which is the Epicurean goal. Some say that there are two accounts of justice in Epicurus -- one as a personal virtue, the other as a virtue of institutions. I argue that the personal virtue derives from compliance with just social institutions, and so we need (...) to (...) attribute only one account of justice to Epicurus. I show how this interpretation makes sense of claims about justice by Epicurus and his followers, including Hermarchus, Lucretius, and Diogenes of Oinoanda. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his (...) work on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the (later) Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

This book advances a theory of personal, public and political justification. Drawing on current work in epistemology and cognitive psychology, the work develops a theory of personally justified belief. Building on this account, it advances an account of public justification that is more normative and less "populist" than that of "political liberals." Following the social contract theories of Hobbes, Locke and Kant, the work then argues that citizens have conclusive reason to appoint an umpire to resolve disputes arising from (...) inconclusive public justifications. The rule of law, liberal democracy and limited judicial review are defended as elements of a publicly justified umpiring procedure. (shrink)