Moral Contractarianism

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 (...) diverse perspectives. It offers a new moral stance that author Ryan Muldoon calls, "The View From Everywhere," which allows for substantive, fundamental moral disagreement. This stance is used to develop a bargaining model in which agents can cooperate despite seeing different perspectives. Rather than arguing for an ideal contract or particular principles of justice, Muldoon outlines a procedure for iterated revisions to the rules of a social contract. It expands Mill's conception of experiments in living to help form a foundational principle for social contract theory. By embracing this kind of experimentation, we move away from a conception of justice as an end state, and toward a conception of justice as a trajectory. (shrink)

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 (...) other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

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 (...) and justification of the state. Edited by Daniel Farnham, this collection is an essential contribution to understanding the problems and prospectus of contractarianism in moral, legal and political philosophy. (shrink)

_ _ _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 (...) such as Hobbes, Rousseau, and Kant, and recent reactions to this work by philosophers, including David Gauthier, Gilbert Harman, John Rawls, and T. M. Scanlon. (shrink)

Liberals have often been attracted by contractarian modes of argument— and with good reason. Any system of social organization requires that some constraints be imposed on individuals' freedom of action; it is a central problem for any liberal political theory to show which constraints can be justified, and which cannot. A contractarian justification works by showing that the constraints in question can be understood as if they were the product of an agreement, voluntarily entered into by every member of society. (...) Thus, no one is required to give up his freedom for someone else's benefit, or in the pursuit of someone else's conception of the social good. (shrink)

How should we as a society value changes in population size? The question may be crucial when evaluating global warming scenarios. I defend the intuition of neutrality, which answers a part of the question. It states that – other things being equal – it is ethically irrelevant whether or not additional people are added to a population. The argument against neutrality criticizes the intuition of neutrality as inconsistent. The contribution of this thesis is twofold: First, the framework of welfare economics, (...) the intuition of neutrality, and the argument against neutrality will be presented with formal rigour. Second, the formalizations will be used for a critical analysis of the argument against neutrality. Three ethical frameworks will be assumed – the difference principle, average utilitarianism, and contractarianism –, and their relation to the explicit and hidden premises of the argument against neutrality will be investigated. The result will be that all three frameworks are compatible with the intuition of neutrality (or slightly modified versions); so the argument against neutrality does not hold within them. (shrink)

Trust is so intimately linked with faith that sometimes trust needs faith to unfold in a relationship. I argue that the role of this faith element in trust is to elevate the status of the one in which we trust so as to emphasize the equal dignity of all the participants in the relationship of trust. Against views that focus on a «rational» trust based on an exaggerated emphasis on the capacity of self-trust as a point of departure for the (...) trust in others, the essay develops toward the depiction of a kind of trust that is rooted in faith and still maintains a «reasonable» character. By way of discussing the implications of Thomas Hobbes’s reflections on covenants and contracts, and Annette Baier’s critique of what she sees as the Hobbesian «fixation» on contracts, I argue toward the identification of what I call a «covenantal trust» in contemporary political ontology. (shrink)

The history of contractarian moral theory is long and varied. It includes the classic social contract theories of Hobbes (1651), Hume (1739/1740), and Kant (1785) as well as modern versions of these theories, such as those of Gauthier (1986), Scanlon (1998), Darwall (2006), and Southwood (2010). In Minimal Morality: A Multilevel Social Contract Theory (2018), I continue this tradition by developing a ‘multilevel social contract theory’ that combines Humean, Hobbesian, and Kantian moral features. In this article, I reply to comments (...) by Fred D’Agostino, John Thrasher, Christopher W. Morris, and Peter Vanderschraaf. I am deeply grateful for these commentators’ constructive and engaging comments that, in their own way, shed light on core assumptions and features of the theory. Due to space restrictions, I focus on what I consider to be the main criticisms and have organized my responses thematically. I hope that doing so will also help readers who are less familiar with my work to understand the relevance of multilevel social contract theory for morally diverse societies. (shrink)

This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and has (...) much to offer to contemporary moral philosophy. (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)

Evolution of the social contract uses evolutionary game theory and evolutionary dynamics to analyze the sorts of interactions that are important to the social contract. The discussion is at a level that accommodates cultural as well as biological evolution. Various chapters deal with central issues in bargaining, commitment, mutual aid, property, and communication by means of simple game-theoretic models. These include Nash Bargaining, Ultimatum Bargaining, Prisoner's Dilemma, Chicken (or Hawk-Dove), and Sender-Receiver Signaling Games. Evolutionary models provide better explanations of observed (...) behavior than rational choice models. (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)

Contemporary moral contractarianism originates with Hobbes’s moral theory. When considering the structure of Hobbes’s moral theory, however, it is often argued that moral contractarianism does not justify any specific moral demands concerning questions of climate change because currently no global Leviathan in Hobbes’s sense exists that could enforce any such demands in our world. I do not dispute the fact that currently no global Leviathan in Hobbes’s sense exists in our world. Nevertheless, I argue that Hobbesian moral contractarianism offers an (...) adequate moral framework to guide our considerations concerning questions of climate change. Methodologically, the approach is sufficiently pluralistic to consider ethical and economic considerations as well as political feasibility constraints. Conceptually, I argue that, despite the fact that currently no global Leviathan in Hobbes’s sense exists in our world, a Hobbesian-inspired modus vivendi is sufficient as a starting point to address some of the most pressing issues of climate change in our world. Specifically, I argue that the shift in climate change negotiations from the Kyoto Protocol to the Paris Agreement could be considered to be guided by reasoning that underlies Hobbesian moral contractarianism. (shrink)

Peter Stemmer has developed an elegant and impressive theory of normativity and morality. In this article, I try to show that he does not achieve two goals he set for himself. First, his theory does not capture the categorical bindingness of moral demands, even in Stemmer’s own interpretation of categorical bindingness: it does not show that we must follow moral demands no matter what our personal goals and desires are. Second, just because it would be rational to establish positive moralities (...) in a hypothetical pre-moral scenario, it does not follow – and Stemmer does not establish – that only positive moralities that are in the interest of all members are legitimate. For that reason, his contractarian theory collapses into relativism. (shrink)

Abstract. In Minimal Morality (2018), I develop a multilevel social contract theory that accommodates deep moral pluralism. In this article, I reply to comments by Gaus, Van Schoelandt and Cooper concerning the three core projects of the book that aim to (i) revive orthodox rational choice contractarianism as a viable approach to the social contract, (ii) integrate this approach into a comprehensive social contract theory and (iii) show the applicability of the theory to the real world. My replies clarify some (...) of the main features of the theory, defend its core projects and expand discussion of some of its details in order to show that the theory can address the challenges raised. (shrink)

In Minimal Morality, I develop a multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies that may include liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents. The theory takes its main inspiration from the moral theories of Hobbes (1651), Hume (1739/1740), and Kant (1785, 1795, and (...) 1797), and some of their contemporary followers, such as Rawls (1971) and Gauthier (1986). In its simplified form, the theory combines what I call traditional first-level morality with second-level pure instrumental morality and derives, in the form of the weak principle of universalization, a principle of conflict resolution that defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. I argue that, despite its ideal nature, this theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral pluralism, is unattainable. (shrink)

A Hobbesian Realist position concerning Nation States and their generative grounds in the Social Contract obligates the United States to accept any and all refugees of conflict who are willing to recognize the sovereign power of the United States by submitting to citizenship requirements determined by the United States.

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

The prospective introduction of autonomous cars into public traffic raises the question of how such systems should behave when an accident is inevitable. Due to concerns with self-interest and liberal legitimacy that have become paramount in the emerging debate, a contractarian framework seems to provide a particularly attractive means of approaching this problem. We examine one such attempt, which derives a harm minimisation rule from the assumptions of rational self-interest and ignorance of one’s position in a future accident. We contend, (...) however, that both contractarian approaches and harm minimisation standards are flawed, due to a failure to account for the fundamental difference between those ‘involved’ and ‘uninvolved’ in an impending crash. Drawing from classical works on the trolley problem, we show how this notion can be substantiated by reference to either the distinction between negative and positive rights, or to differences in people’s claims. By supplementing harm minimisation with corresponding constraints, we can develop crash algorithms for autonomous cars which are both ethically adequate and promise to overcome certain significant practical barriers to implementation. (shrink)

A difficult problem for contractualists is how to provide an interpretation of the contractual situation that is both subject to appropriately stringent constraints and yet also appropriately sensitive to certain features of us as we actually are. My suggestion is that we should embrace a model of contractualism that is structurally analogous to the “advice model” of the ideal observer theory famously proposed by Michael Smith (1994; 1995). An advice model of contractualism is appealing since it promises to deliver a (...) straightforward solution to the so-called “conditional fallacy.” But it faces some formidable challenges. On the face of it, it seems to be straightforwardly conceptually incoherent. And it seems to deliver a solution to the conditional fallacy at the cost of being vulnerable to what I shall call “the concessional fallacy.” I shall consider how, if at all, these challenges are to be met. I shall then conclude by considering what this might mean for the so-called “ideal/non-ideal theory” issue. (shrink)

Abstract: How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different (...) kind of solution that involves embracing an advice model of contractualism. -/- Keywords: contractualism; contractarianism; pluralism; diversity; disagreement . (shrink)

One can justify moral rules on the basis of their advantageousness without equating morality and advantage.

The problem of trust is discussed in terms of David Hume's meadow-draining example. This is analyzed in terms of rational choice, evolutionary game theory and a dynamic model of social network formation. The kind of explanation that postulates an innate predisposition to trust is seen to be unnecessary when social network dynamics is taken into account.

In this pithy and highly readable 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 skilfully employed to offer new interpretations of a wide variety of social phenomena, including justice, mutual aid, commitment, convention and meaning. The author 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 enjoyed by students and professionals in a wide range of disciplines: political science, philosophy, decision theory, economics and biology. (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)

David Gauthier develops morality in the social contract tradition as an emergent property rationally necessitated by the presence of inefficiency. To demarcate situations in which morality arises from those in which it does not, two principles, Strategic Emergence and Market Emergence, are motivated and assumed by Gauthier to be equivalent. Following the work of Bob Bright, this paper formalizes and expands upon a demonstration of the inconsistency of the two principles. Eliminating each of the emergence conditions is considered to resolve (...) the inconsistency. Additionally, the Kantian equilibrium is examined in place of the Nash equilibrium; however, Gauthier’s approach resists such amendments. (shrink)

Traditional rule consequentialism faces a problem sometimes called the ideal world objection—the worry that by looking only at the consequences in worlds where rules are universally adhered to, the theory fails to account for problems that arise because adherence to rules in the real world is inevitably imperfect. In response, recent theorists have defended sophisticated versions of rule consequentialism which are sensitive to the consequences in worlds with less utopian levels of adherence. In this paper, I argue that these attempts (...) underestimate the problem they are designed to avoid—the worry about ideal worlds is only one manifestation of a deeper and more general problem, the distant world objection, which threatens not only the sophisticated revisions of rule consequentialism, but any view which determines what we ought to do by evaluating worlds that differ from ours in more than what is up to us. (shrink)

In Morals by Agreement, David Gauthier tries to provide a justification of morality from morally neutral premises within the constraints of an instrumental conception of reason. But his reliance on this narrow conception of reason creates problems, for it suggests that moral motivation is self-interested. However, Gauthier holds that to act morally is to act for the sake of morality and others, not oneself. An individual who so acts has what he calls an affective capacity for morality. He attempts to (...) reconcile the tension between the self-interested account of moral behaviour and the affective capacity for morality by showing that the latter could develop from the former without violating the constraints of instrumental rationality. I argue, first, that his account is incomplete and assumes what it has to demonstrate; and, second, that this cannot be remedied with any plausibility. Finally, I argue that Gauthier covertly relies on a substantive claim about human good that is inconsistent with the instrumental conception of reason. (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)

This article assesses Jean Hampton’s feminist contractarianism by considering the way in which she draws together the contradictory positions of Hobbes and Kant to produce a test for exploitation in personal relationships. The ways in which this work fits with her other analysis of retribution, gratitude and self-worth are examined. Hampton’s work is evaluated in the context of Carole Pateman’s argument that moral theories distract from the political analysis of who has a voice in relationships. Hampton’s work presumes the social (...) and economic structures that Pateman has done so much to understand. It is useful as a claim for justice in personal relationships, to be considered as part of consciousness-raising or public debate. (shrink)