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  1. What Immigrants Owe.Adam Lovett & Daniel Sharp - forthcoming - Ergo: An Open Access Journal of Philosophy.
    Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...)
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  2. Reckoning With Kant on Race.Elvira Basevich - 2020 - Philosophical Forum 51 (3):221-245.
    This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to develop (...)
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  3. Modus Vivendi Beyond the Social Contract: Peace, Justice, and Survival in Realist Political Theory.Thomas Fossen - 2019 - In John Horton, Manon Westphal & Ulrich Willems (eds.), The Political Theory of Modus Vivendi. Cham, Switzerland: pp. 111-127.
    This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...)
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  4. The Question of Exclusion in Rawlsian Contractualism.Areti Theofilopoulou - 2019 - Dissertation, Oxford University
    This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...)
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  5. Society, Its Process and Prospect.Spencer Heath - 2016 - Libertarian Papers 8:211-220.
    Society, based on contract and voluntary exchange, is evolving, but remains only partly developed. Goods and services that meet the needs of individuals, such as food, clothing, and shelter, are amply produced and distributed through the market process. However, those that meet common or community needs, while distributed through the market, are produced politically through taxation and violence. These goods attach not to individuals but to a place; to enjoy them, individuals must go to the place where they are. Land (...)
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  6. Social Contract Theory for a Diverse World: Beyond Tolerance.Ryan Muldoon - 2016 - Routledge.
    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 (...)
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  7. III—Contractarianism as a Political Morality.Benjamin Sachs - 2016 - Proceedings of the Aristotelian Society 116 (1):49-67.
    Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have (...)
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  8. Le désir dans l’approche contractualiste hobbesienne.Marc-Kevin Daoust - 2015 - In Daoust Marc-Kevin (ed.), Le désir et la philosophie. Les Cahiers D'Ithaque. pp. 97-109.
    Ce bref commentaire a trois objectifs. La première section vise à présenter au lecteur la philosophie matérialiste et atomiste de Hobbes. Dans la seconde section, nous exposons le rôle des désirs dans l’escalade du conflit entre les agents dans l’état de nature. Au terme de cette analyse, le lecteur disposera de quelques clés interprétatives pour aborder les chapitres VI et XIII du Léviathan.
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  9. Does Classical Liberalism Imply Democracy?David Ellerman - 2015 - Ethics and Global Politics 8 (1):29310.
    There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...)
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  10. The Quest for the Legitimacy of the People: A Contractarian Approach.Marco Verschoor - 2015 - Politics, Philosophy and Economics 14 (4):391-428.
    This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...)
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  11. Why Hobbes Cannot Limit the Leviathan: A Critical Commentary on Larry May's Limiting Leviathan.Marcus Arvan - 2014 - Hobbes Studies 27 (2):171-177.
    This commentary contends that Larry May’s Hobbesian argument for limitations on sovereignty and lawmaking in Limiting Leviathan does not succeed. First, I show that Hobbes begins with a plausible instrumental theory of normativity. Second, I show that Hobbes then attempts, unsuccessfully—by his own lights—to defend a kind of non-instrumental, moral normativity. Thus, I contend, in order to successfully “limit the Leviathan” of the state, the Hobbesian must provide a sound instrumental argument in favor of the sovereign limiting their actions and (...)
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  12. Ordering Anarchy.John Thrasher - 2014 - Rationality, Markets and Morals 5 (1):30-46.
    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 (...)
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  13. Social Contract Theory Should Be Abandoned.Danny Frederick - 2013 - Rationality, Markets and Morals 4:178-89.
    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, (...)
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  14. The Modern Social Contract Tradition.Lisa Herzog - 2013 - In Christopher Luetege (ed.), Handbook of the Philosophical Foundations of Business Ethics. Springer. pp. 631--645.
    This chapter discusses central strands of the modern social contract tradition. Distinguishing between moral and political theories on the one hand and contractualist and contractarian theories on the other, it presents one example of each of the ensuing categories: Gauthier’s moral contractarianism, Buchanan’s political contractarianism, Scanlon’s moral contractualism, and Rawls’ political contractualism. In the conclusion, strengths and weaknesses of social contract theories are discussed.
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  15. Reconciling Justice and Pleasure in Epicurean Contractarianism.John J. Thrasher - 2013 - Ethical Theory and Moral Practice 16 (2):423-436.
    Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...)
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  16. Social Contract Approaches.Samuel Freeman - 2012 - In David Estlund (ed.), The Oxford Handbook of Political Philosophy. Oxford University Press, Usa. pp. 133.
  17. Justification, Choice and Promise: Three Devices of the Consent Tradition in a Diverse Society.Gerald Gaus - 2012 - Critical Review of International Social and Political Philosophy 15 (2):109-127.
    The twin ideas at the heart of the social contract tradition are that persons are naturally free and equal, and that genuine political obligations must in some way be based on the consent of those obligated. The Lockean tradition has held that consent must be in the form of explicit choice; Kantian contractualism has insisted on consent as rational endorsement. In this paper I seek to bring the Kantian and Lockean contract traditions together. Kantian rational justification and actual choice are (...)
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  18. On the History of Political Philosophy: Great Political Thinkers From Thucydides to Locke.W. Julian Korab-Karpowicz - 2012 - New York: Routledge.
    On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of different forms of (...)
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  19. New Approaches to Classical Liberalism.Nicolas Maloberti - 2012 - Rationality, Markets and Morals 3:22-50.
    This article focuses on the following three novel and original philosophical approaches to classical liberalism: Den Uyl and Rasmussen’s perfectionist argument from meta-norms, Gaus’s justificatory model, and Kukathas’s conscience-based theory of authority. None of these three approaches are utilitarian or consequentialist in character. Neither do they appeal to the notion of a rational bargain as it is typical within contractarianism. Furthermore, each of these theory rejects the idea that classical liberalism should be grounded on considerations of interpersonal justice such as (...)
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  20. Vertrag und Vertrauen: Lockes Legitimation von Herrschaft.Michaela Rehm - 2012 - In Michaela Rehm & Bernd Ludwig (eds.), John Locke: „Zwei Abhandlungen über die Regierung“. Akademie Verlag. pp. 95-114.
    The paper discusses the foundation and genesis of the political society according to Locke, elaborating why the relationship between the civil society and the government is not defined in contractual terms, but by the notion of “trust”. Rehm argues against the view that Locke supports a liberal proceduralism, stressing that consent for him is indeed the necessary, but not the sufficient condition of legitimate political power: what needs to be added is action in accordance with the law of nature.
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  21. Contemporary Approaches to the Social Contract.Fred D'Agostino, John Thrasher & Gerald Gaus - 2011 - Stanford Encyclopedia of Philosophy.
  22. The Social Contract (Contract of Government).Johann Sommerville - 2011 - In George Klosko (ed.), The Oxford Handbook of the History of Political Philosophy. Oxford University Press.
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  23. Comment on Véronique Zanetti: On Moral Compromise.Timothy Waligore - 2011 - Analyse & Kritik 33 (2):441-448.
    In this article, I criticize Véronique Zanetti on the topic of moral compromise. As I understand Zanetti, a compromise could only be called a “moral compromise” if (i) it does not originate under coercive conditions, (ii) it involves conflict whose subject matter is moral, and (iii) “the parties support the solution found for what they take to be moral reasons rather than strategic interests.” I offer three criticisms of Zanetti. First, Zanetti ignores how some parties may not have reason to (...)
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  24. Chapter 2. Aristotelian Constitutionalism and Reformation Contractarianism: From Ancient Constitution to Original Contract.Michael P. Zuckert - 2011 - In Natural Rights and the New Republicanism. Princeton University Press. pp. 49-76.
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  25. Ordered Anarchy and Contractarianism.Anthony de Jasay - 2010 - Philosophy 85 (3):399 - 403.
    In a recent essay Robert Sugden sets out his view that two foundational institutions of the social order, the convention and the social contract (at least in one variant of the latter) are compatible and that therefore it is not self-contradictory to be a Humean and a contractarian at the same time.¹ The proposition, despite appearances, has greater practical importance than most other doctrinal ones tend to do for if widely conceded, it would render current political thought even more woolly (...)
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  26. The Received Hobbes.Elisabeth Ellis - 2010 - In Ian Shapiro (ed.), Leviathan. Yale University Press. pp. 481-518.
  27. Hobbes's Struggle with Contractual Obligation. On the Status of the Laws of Nature in Hobbes's Work.Matthias Kiesselbach - 2010 - Hobbes Studies 23 (2):105-123.
    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 (...)
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  28. Not So Novus an Ordo.Jacob T. Levy - 2009 - Political Theory 37 (2):191-217.
    Social contract theory imagines political societies as resting on a fundamental agreement, adopted at a discrete moment in hypothetical time, that binds individual persons together into a polity and sets fundamental rules regarding that polity's structure and powers. Written constitutions, adopted at real moments in historical time, dictating governmental structures, bounding governmental powers, and entrenching individual rights, look temptingly like social contracts reified. Yet something essential is lost in this slippage between social contract theory and the practice of constitutionalism. Contractarian (...)
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  29. Criminal Law Conversations: "Desert: Empirical, Not Metaphysical" and "Contractualism and the Sharing of Wrongs".Matthew Lister - 2009 - In Paul Robinson, Kimberly Ferzan & Stephen Garvey (eds.), Criminal Law Conversations.
    Following are two short contributions to the book, _Criminal Law Conversations_: commentaries on Paul Robinson's discussion of "Empirical Desert" and Antony Duff & Sandra Marshal's discussion of the sharing of wrongs.
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  30. Orestes Brownson and the Contract of Government.Scott McDermott - 2009 - Catholic Social Science Review 14:245-269.
    Orestes Brownson’s doubts about the social contract theory expressed in America’s founding documents have been cited by some Catholic scholars against the legitimacy of The American Republic. Did Brownson reject the American experiment as an atheistic usurpation of legitimate authority—and if so, was he justified? This paper considers Brownson’s critique of democracy in The American Republic in the context of his other writings. Brownson’s organic vision of Americanpolities, derived from Hegel, is of lasting value. But Brownson’s attack on social contract (...)
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  31. Jean Hampton, The Intrinsic Worth of Persons: Contractarianism in Moral and Political Philosophy Reviewed By.Jon Mahoney - 2008 - Philosophy in Review 28 (2):120-122.
  32. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  33. The Intrinsic Worth of Persons: Contractarianism in Moral and Political Philosophy.Daniel Farnham (ed.) - 2006 - Cambridge University Press.
    Contractarianism in some form has been at the center of recent debates in moral and political philosophy. Jean Hampton was one of the most gifted philosophers involved in these debates and provided both important criticisms of prominent contractarian theories plus powerful defenses and applications of the core ideas of contractarianism. In these essays, she brought her distinctive approach, animated by concern for the intrinsic worth of persons, to bear on topics such as guilt, punishment, self-respect, family relations, and the maintenance (...)
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  34. Contractarian Legal Theory.Claire Finkelstein - 2004 - In Alfred R. Mele & Piers Rawling (eds.), The Oxford Handbook of Rationality. Oup Usa.
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  35. "If You Don't Like It, Leave It": The Problem of Exit in Social Contractarian Arguments.Barbara H. Fried - 2003 - Philosophy and Public Affairs 31 (1):40-70.
  36. Classical Contractarianism: From Absolutism to Constitutionalism.Martin Harvey - 2003 - International Philosophical Quarterly 43 (4):477-502.
    The fundamental presupposition of political philosophy is that the legitimate rule of one individual over another requires justification: political power may come out of the barrel of a gun but political authority does not. Classically, the philosopher of politics looked to nature. In the seventeenth century, however, the philosophical tide turns in a decidedly different direction: contractarianism. Political society becomes a consensual construct created through the heuristic vehicle of a hypothetical social contract. Simultaneously, within the confines of contractarianism itself, a (...)
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  37. Contractarianism / Contractualism.Stephen Darwell (ed.) - 2002 - Wiley-Blackwell.
    _ _ _Contractualism/Contractarianism_ collects, for the first time, both major classical sources and central contemporary discussions of these important approaches to philosophical ethics. Edited and introduced by Stephen Darwall, these readings are essential for anyone interested in normative ethics. With a helpful introduction by Stephen Darwall, examines key topics in the contractarian and contractualist moral theory. Includes six contemporary essays which respond to the classic sources. Includes an insightful discussion of contractualism by Gary Watson. Includes classic excerpts by key figures (...)
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  38. Hobbes, Romance, and the Contract of Mimesis.Victoria Kahn - 2001 - Political Theory 29 (1):4-29.
    It is worthy the observing that there is no passion in the mind of man so weak but it mates and masters the fear of death.... Revenge triumphs over death, love slights it, honour aspireth to it, grief flieth to it, fear preoccupateth it. Francis Bacon, “Of Death”This fight being the more cruel, since both Love and Hatred conspired to sharpen their humours, that hard it was to say whether Love with one trumpet, or Hatred with another, gave the louder (...)
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  39. Would a Community of Wise Epicureans Be Just?Timothy O’Keefe - 2001 - Ancient Philosophy 21 (1):133-146.
    I begin by considering an argument for why there would not be justice in a community of wise Epicureans: justice only exists where there is an agreement "neither to harm nor be harmed," and such an agreement would be superfluous in a community of wise Epicureans, since they would have no vain desires which would lead them to wish to harm one another. I argue that, if the 'justice contract' prohibits only direct harm of one person by another, then it (...)
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  40. Contractarianism.Geoffrey Sayre-McCord - 2000 - In Hugh LaFollette - (ed.), The Blackwell Guide to Ethical Theory. Blackwell. pp. 247--267.
  41. Chapter L3 Contractarianism.Geoffrey Sayre-McCord - 2000 - In Hugh LaFollette - (ed.), The Blackwell Guide to Ethical Theory. Blackwell. pp. 247.
  42. Hypothetical Consent and Justification.Cynthia A. Stark - 2000 - Journal of Philosophy 97 (6):313.
    Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.
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  43. Agreement in Social Contract Theories: Locke Vs. Rawls.Simon Cushing - 1998 - Social Philosophy Today 13:349-371.
  44. Agreement in Social Contract Theories: Locke Vs. Rawls.Simon Cushing - 1998 - Social Philosophy Today 13:349-371.
  45. Representation and Obligation in Rawls’ Social Contract Theory.Simon Cushing - 1998 - Southwest Philosophy Review 14 (1):47-54.
    The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could be made to (...)
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  46. The Limits of Hobbesean Contractarianism.Martin A. Bertman - 1997 - International Studies in Philosophy 29 (2):133-134.
  47. Political Contractarianism.David Gauthier - 1997 - Journal of Political Philosophy 5 (2):132–148.
  48. Would Pluralist Angels (Really) Need Government?Eric M. Cave - 1996 - Philosophical Studies 81 (2-3):227 - 246.
  49. The Limits of Hobbesian Contractarianism.Joseph Mintoff - 1996 - Philosophical Books 37 (1):63-65.
  50. Pacifying Politics: Resistance, Violence, and Accountability in Seventeenth-Century Contract Theory.Deborah Baumgold - 1993 - Political Theory 21 (1):6-27.
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