Ordered social life requires rules of conduct that help generate and preserve peaceful and cooperative interactions among individuals. The problem is that these social rules impose costs. They prohibit us from doing some things we might see as important and they require us to do other things that we might otherwise not do. The question for the contractarian is whether the costs of these social rules can be rationally justified. I argue that traditional contract theories have tended to underestimate the (...) importance of evaluating the cost of enforcement and compliance in the contract procedure. In addition, the social contract has been understood narrowly as a method of justifying specifically moral or political rules. I defend a broader version of contractarianism as a justificatory model that can be used to evaluate any set of social rules or institutions that impose costson agents. In so doing, I argue that contractarianism is a general method of evaluating and justifying the rules that order the structure of social life. (shrink)

The article focuses on the justification provided by classical contract theory for the right of states to enact laws and the corresponding obligation of political allegiance. First the distinction between political authority and parental authority developed by John Locke in his seminal work “Two Treatises of Government” is explored. Thereafter it is discussed why the interests the individuals have in the creation of a state fail to vindicate the exercise of governmental power. As regards David Hume’s influential objections to contract (...) theory it is argued that the consent criterion of political legitimacy withstands his criticism. Hume cannot establish that the core idea of Locke’s justificatory approach is mistaken; he merely demonstrates that hardly any existing state meets the consent requirement. Finally the question is discussed which conditions a state must fulfil in order to be entitled to claim that its citizens tacitly approve of its authority. (shrink)

To nudge is to design choice contexts in order to improve choice outcomes. Richard Thaler and Cass Sunstein emphatically endorse nudging but reject more restrictive means. In contrast, I argue that the behavioral psychology that motivates nudging also motivates what may be called jolting — i.e. the design of choice content. I defend nudging and jolting by distinguishing them from the sometimes oppressive means with which they can be implemented, by responding to some common arguments against nudging, and by showing (...) how respect for preferences over option sets and their aggregate properties may require the trimming of option sets, as well as helpful choice contexts. (shrink)

Increasing empirical research on productivity supports the use of statistical or ‘rational’ discrimination in hiring. The practice is legal for features of job applicants not covered by human rights discrimination laws, such as being a smoker, residing in a particular neighbourhood or being a particular height. The practice appears largely morally innocuous under existing philosophical accounts of wrongful discrimination. This paper argues that lawful statistical discrimination treats job applicants in a way that may be considered degrading, and is likely to (...) constrain people’s freedoms in relation to employment, thus giving us reason for moral concern. (shrink)