Social Contract, Misc

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)

Philosophers and social scientists have recently turned to game theory and agent-based models to better understand social contract formation. The stag hunt game is an idealization of social contract formation. Using the stag hunt game, we attempt to determine what, if any, barrier diversity is to the formation of an efficient social contract. We uncover a deep connection between tolerance, diversity, and the social contract. We investigate a simple model in which individuals possess salient traits and behave cooperatively when the (...) difference between their trait and the trait of their counterpart is less than their ‘tolerance level’. If traits are fixed and correspond to permanent or semipermanent features of the individual, such as religion or race, social contract formation is a remote possibility. If traits are malleable, social contract formation is possible but comes at the steep cost of diversity and tolerance, that is, individuals are unwilling to cooperate with those much different from themselves. Yet homogeneity and intolerance are not a long-term feature of the population. Over time mutations allow for increasingly tolerant agents to prosper, thereby ushering in trait diversity. In the end, all reap the benefits of cooperation. (shrink)

This paper demonstrates how Mary Astell's version of Cartesian dualism supports her disavowal of female subordination and traditional gender roles, her rejection of Locke's notion of "thinking matter" as a major premise for rejecting his political philosophy of "social contracts" between men and women, and, finally, her claim that there is no intrinsic difference between genders in terms of ratiocination, the primary assertion that grants her the title of the first female English feminist.

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

This comment focuses on the informational distinction Brian Skyrms makes between rational choice theories of the social contract and theories based on evolutionary dynamics. The basic point is that to dismiss the rational choice method because of the restrictive informational assumptions may discount interesting work done in the area of bounded rationality. Further, the comment argues that combining the best elements of both approaches into an evolutionary theory of boundedly rational agents can improve the power of social contract theories. To (...) illustrate the point, we work through an example of analysing the data from a bargaining experiment. (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)

The drive for industrialization in India is not a recent move. The state governments are in competition among themselves to attract the industrialists for investments in their respective states. In this regard, the recent industrial endeavor in West Bengal has met with lot of trouble. The problem arose from the day when the state agency started with the land acquisition activity. Agricultural land was identified for the setting up of an industrial unit of a reputed industry group. Some of the (...) land owners accepted the compensation package, which had been offered to them, while some others protested about the package and the acquisition. The present paper tries to analyze the situation through the formulation of a model of contract theory. The paper talks about the participation of the land owners and the acceptance of the compensation package by structuring suitable individual rationality constraint or participation constraint and incentive compatibility constraint. Lastly, the paper comes up with suggestive results for suitable compensation packages. (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)

Although a number of commentators have remarked upon the simi larities between aspects of George Herbert Mead's social psychology and Adam Smith's Theory of Moral Sentiments, there has been no sys tematic attempt to document the connection. This article attempts to do precisely that. First, the legitimacy of the connection is established by showing the likelihood that Mead knew this particular work by Smith, and by bringing together the various treatments of the matter made by commentators. Since Mead himself does (...) not reference Smith's theory, however, the continuity can be demonstrated only on the level of ideas. Second, then, the movement of Mead's thought is recon structed through the terms 'individual' and 'social epistemology'. An account based upon the former posits self-consciousness as the pre condition for knowledge about others, while the latter makes the development of self dependent on a concept of community. Mead's div ision of the self into the 'I' and the 'me' is central in forcing the shift from the one to the other. Smith's account of moral action, it is then argued, rests upon the same logic. His ideas of 'changing roles in the fancy', the 'impartial spectator', and division of the self, parallel Mead's 'taking the role of the other' and discussion of the self. The 'ideal' spec tator corresponds to Mead's 'generalized other'. The article concludes by drawing a parallel between Mead and Smith on the universal facts of human nature and the moral community. (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 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)

In this illuminating study Craig argues that the standard practice of analyzing the concept of knowledge has radical defects--arbitrary restriction of the subject matter and risky theoretical presuppositions. He proposes a new approach similar to the "state-of-nature" method found in political theory, building the concept up from a hypothesis about its social function and the needs it fulfills. Shedding light on much that philosophers have written about knowledge, its analysis and the obstacles to its analysis, and the debate over skepticism, (...) this compelling work will be of interest to students and scholars of epistemology and the philosophy of language. (shrink)

True,Kant takes the conclusions of his ethical work for granted in his political theorizing; he treats corollaries of the categorical imperative as conclusive principles of political right.However,in his political theory his concern is not simply to lay ...

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a pre-political settlement, and (...) its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

Marx supposedly represents a radical break from liberal individualist property oriented thinking. In fact, Marx represents an integration of the best points of a variety of liberal individualists, notably Locke and Rousseau, but also to a lesser extent Aristotle and even Plato. Marx is an extension of, not a break from, mainstream thinkers in Western political and economic thought: all Marx's main ideas can be traced to one canonical scholar or another. Understanding analytical tools common to both Liberalism and Marxism (...) contextualizes their divergences and allows one to better understand both the successes and failures of Marxism as a critique in practice of liberal state theory. (shrink)

In this paper I argue that, in at least two cases - his discussions of the temporal precedence o f polytheism over monotheism and of the origins of civil society - we see Hume consigning to historical development certain aspects of reason which, as a comparison with Locke will show, have sometimes been held to be uniform. In the first of these cases Hume has recourse to claims about the general historical development of human thought. In the second case, the (...) origin of the civil institution of justice and government is not linked directly to external circumstances and the principles of human nature, as it is in contractarian theories, but makes a detour through the historical acquisition of certain concepts. Because Hume's position does not conform in any simple sense to Dugald Stewart's 'incontrovertible logical maxim' that the capacities of the human mind have been the same in all ages, Stewart's account of the method of conjectural history is, in any simple sense, inadequate as a description of Hume's practice. (shrink)

While most discussions of corruption focus on administration, institutions, the law and public policy, little attention in the debate about societal reform is paid to the “internalities” of anti-corruption efforts, specifically to character-formation and issues of personal and corporate integrity. While the word “integrity” is frequently mentioned as the goal to be achieved through institutional reforms, even in criminal prosecutions, the specifically philosophical aspects of character-formation and the development of corporate and individual virtues in a rational and systematic way tend (...) to be neglected. This paper focuses on the “internalities” of anti-corruption work with special emphasis on the pre-requisites that need to be ensured on behalf of the social elites in order for proper individual and collective character- formation to take place throughout the society. The author argues that a systematic pursuit of socially recognised virtues, both those pertaining to society as a whole and those specific to particular professions and social groups, is the most comprehensive and strategically justified way of pursuing anti-corruption policy, while institutional and penal policies can only serve an auxiliary role. The pursuit of institutional and criminal justice policies against corruption in a society that is subject to increasing relativism with regard to values and morality is at best ineffective, and at worst socially destructive. Thus the paper suggests a re-examination of the social discourse on the level of what the author calls “value strategy” and the gradual building of a plan to create and solidify specifically designed features of “corporate character” for key sectors of the society. This approach can serve as the main long-term strategy to improve the public profile of integrity and reinforce morality in both the public and civil sectors. (shrink)