Moral Contractarianism

This paper offers a critique of David Gauthier’s contractarian moral theory. I point out morally counter-intuitive implications of Gauthier’s theory – for example, with respect to societies with slavery or concerning the protection of animals – as well as theoretically unattractive features, such as the overly optimistic assumption of translucent agents. However, contractarian moral theories can be improved by correcting the theoretically unattractive features. Moreover, though some morally counter-intuitive implications cannot be avoided, whether we should accept these implications ultimately depends (...) on whether an instrumentalist account of practical reason is defensible and how morality relates to practical reason. Thus, contractarian moral theories cannot be refuted as easily as one might think at first. (shrink)

Norbert Hoerster has tried to show on the basis of what I call special and general interests that it is rational to endorse moral judgements. I argue that Hoerster’s attempt to vindicate the rationality of moral judgements fails. By appealing to special interests Hoerster can only establish the rationality of endorsing judgements that – by Hoerster’s own standards – are not moral judgements because they do not pass the test of generalization. While the appeal to general interests, on the other (...) hand, indeed establishes the rationality of endorsing judgements that pass the test of generalization, it does so only for some but not all people; for this reason, the vindicated judgements do not qualify as moral judgements either. (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)

ABSTRACTMedicines that are vital for the saving and preserving of life in conditions of public health emergency or endemic serious disease are known as essential medicines. In many developing world settings such medicines may be unavailable, or unaffordably expensive for the majority of those in need of them. Furthermore, for many serious diseases these essential medicines are protected by patents that permit the patent‐holder to operate a monopoly on their manufacture and supply, and to price these medicines well above marginal (...) cost. Recent international legal doctrine has placed great stress on the need to globalise intellectual property rights protections, and on the rights of intellectual property rights holders to have their property rights enforced. Although international intellectual property rights law does permit compulsory licensing of protected inventions in the interests of public health, the use of this right by sovereign states has proved highly controversial. In this paper I give an argument in support of states’ sovereign right to expropriate private intellectual property in conditions of public health emergency. This argument turns on a social contract argument for the legitimacy of states. The argument shows, further, that under some circumstances states are not merely permitted compulsory to license inventions, but are actually obliged to do so, on pain of failure of their legitimacy as sovereign states. The argument draws freely on a loose interpretation of Thomas Hobbes's arguments in his Leviathan, and on an analogy between his state of War and the situation of public health disasters. (shrink)

Human beings are peculiar. In laboratory experiments, they often cooperate in one-shot prisoners’ dilemmas, they frequently offer 1/2 and reject low offers in the ultimatum game, and they often bid 1/2 in the game of divide-the-cake All these behaviors are puzzling from the point of view of game theory. The first two are irrational, if utility is measured in a certain way.1 The last isn’t positively irrational, but it is no more rational than other possible actions, since there are infinitely (...) many other Nash equilibria besides the one in which both players bid 1/2. At the same time, these behaviors seem to indicate that people are sometimes inclined to be cooperative, fair, and just. In his stimulating new book, Brian Skyrms sets himself the task of showing why these inclinations evolved, or how they might have evolved, under the pressure of natural selection. The goal is not to justify our ethical intuitions, but to explain why we have them.2.. (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)

In the contemporary philosophical debate, there are two opposing contractualist views. On the one side, Hobbesian contractualisms take moral principles as side-constraints to redress the failures of the interaction among self-interested individuals. On the other, Kantian versions of the social contract ground morality on an impartial and moralized viewpoint. In his recent Contractualism and the Foundations of Morality, Nicholas Southwood proposes a third and novel form of contractualism, with the aim to overcome the “implausibly personal and partial characterization of the (...) moral point of view” of Hobbesian positions, as well as the “excessively substantive conception of practical reason” of Kantian theories .On Southwood’s view, perfectly rational individuals—who see themselves as “simultaneously co-legislator and co-subject among individuals with whom one shares an authority as a fellow deliberative agent” —agree upon a “common code” to live by, which is “a relatively compreh .. (shrink)

I take it as my assignment to criticize the Gauthier enterprise. At the outset, however, I should express my general agreement with David Gauthier's normative vision of a liberal social order, including the place that individual principles of morality hold in such an order. Whether the enterprise is, ultimately, judged to have succeeded or to have failed depends on the standards applied. Considered as a coherent grounding of such a social order in the rational choice behavior of persons, the enterprise (...) fails. Considered as an extended argument implying that persons should adopt the moral stance embodied in the Gauthier structure, the enterprise is, I dunk, largely successful. Considered as a set of empirically falsifiable propositions suggesting that persons do, indeed, choose as the Gauthier precepts dictate, the enterprise offers Humean hope rather than Hobbesian despair. (shrink)

Gauthier argues in Morals by Agreement that morality is derivable from rationality. A crucial premise is that rational bargaining is procedurally fair. Gauthier defends this claim by trying to show that his principle of rational bargaining determines a fair distribution of the overall return from cooperation, including the cooperative surplus. He supports this point in part by the argument from agreement: since (1) procedurally fair principles proportion return to contribution, and since (2) every bargainer has the power to agree in (...) equal measure, and since (3) the agreement component of the bargainer’s contribution is what makes the cooperative surplus available, it follows (4) that fairness requires a distributive principle that divides the cooperative surplus equally among the bargainers. I argue that the falsity of (3) not only renders the argument unsound, it refutes the conclusion. Hence Gauthier should think that rational bargaining is not procedurally fair and that his own derivation of morality from rationality is unsound. (shrink)

Given the fact of moral disagreement, theories of state neutrality which rely on moral premises will have limited application, in that they will fail to motivate anyone who rejects the moral premises on which they are based. By contrast, contractarian theories can be consistent with moral scepticism, and can therefore avoid this limitation. In this paper, I construct a contractarian model which I claim is sceptically consistent and includes a principle of state neutrality as a necessary condition. The principle of (...) neutrality which I derive incorporates two conceptions of neutrality which have usually been thought of as distinct and incompatible. I argue that contractarianism gives us a unified account of these concep- tions. Ultimately, the conclusion that neutrality can be derived without violating the constraint established by moral scepticism turns out to rely on an assumption of equal precontractual bargaining power. I do not attempt to defend this assumption here. If the assumption cannot be defended in a sceptically consistent fashion, then the argument for neutrality given here is claimed to be morally minimal, rather than fully consistent with moral scepticism. (shrink)

The result is nothing less than a fundamental reorientation of moral theory that enables it at last to account for morality's supreme authority--an account that ...

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.

This paper critically reviews Ken Binmore’s non- utilitarian and game theoretic solution to the Arrow problem. Binmore’s solution belongs to the same family as Rawls’ maximin criterion and requires the use of Nash bargaining theory, empathetic preferences, and results in evolutionary game theory. Harsanyi has earlier presented a solution that relies on utilitarianism, which requires some exogenous valuation criterion and is therefore incompatible with liberalism. Binmore’s rigorous demonstration of the maximin principle for the first time presents a real alternative to (...) a utilitarian solution. (shrink)

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)

Bargaining and distribution of benefits accruing from social cooperation are central topics in contractarian accounts of morality or distributive justice in general and David Gauthier’s Morals by Agreement in particular. In this paper, I raise some problems for MbA both with regards to bargaining over the benefits of social cooperation and the distribution of such benefits. The worries I raise piggyback on a couple of Jan Narveson’s earlier queries of some of the topics in MbA: those of ‘questionable foundation’ and (...) redundancy. However, I go beyond the substance of these queries by arguing that they raise fundamental worries about the correctness of the description of the elements of the bargaining situation, and the role and significance of agreement in MbA. (shrink)

In a recent book on The Evolution of Social Contract, Brian Skyrms shows how evolutionary game theory can be used to explain how the implicit social contract we live by might have evolved. In this paper, after describing the main lines of Skyrms’s approach, we will examine some problems arising from it, on the basis of a comparison with von Hayek’s evolutionary view. Finally, we will make some remarks on the possible relevance of the outcomes achieved by Skyrms for the (...) studies on the ‘bounded rationality’. (shrink)

I argue that social-contract theory cannot succeed because reasonable people may always disagree, and that social-contract theory is irrelevant to the problem of the legitimacy of a form of government or of a system of moral rules. I note the weakness of the appeal to implicit agreement, the conflation of legitimacy with stability, the undesirability of “public justification” and the apparent blindness to the evolutionary critical-rationalist approach of Hayek and Popper. I employ that approach to sketch answers to the theoretical, (...) historical and practical questions about the legitimacy of government or of systems of moral rules. (shrink)

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 (...) complementary devices through which our freedom and equality can be reconciled with moral and political authority. We should not think that there is simply one way by which relations of moral and political authority can be reconciled with our status as free and equal. I defend three distinct devices through which freedom and authority may be reconciled: justification to others, social choice and promise. All three are aspects of the ?consent tradition? broadly construed. (shrink)