The topic of this paper is the foundation for individual rights proposed by David Gauthier in his seminal 1986 book Morals by Agreement, and particularly the role of conception of rationality in this foundation. The foundation of rights is a part of Gauthier’s broader enterprise: to ground morals in rationality – more specifically, in the economic conception of rationality. Because of the importance of this conception for the whole of Gauthier’s project, we reconstruct first the conception of rationality which can (...) be found in decision theory and game theory, presenting simultaneously in a relatively non-technical way some basic concepts of the aforementioned disciplines. We proceed then to reconstruction of the foundation of rights itself – it turns on Gauthier’s interpretation of the so-called “Lockean proviso.” Lastly, we turn to the connection between rationality and foundation of rights. It is to be found in the narrow compliance – the disposition to enter only into cooperation which satisfies conditions of fairness set out in part by the Lockean proviso. (shrink)

In a recent article, Gauthier rejects orthodox rational choice contractarianism in favor of a revisionist approach to the social contract that, according to him, justifies his principle of maximin proportionate gain as a principle of distributive justice. I agree with Gauthier that his principle of maximin proportionate gain cannot be justified by orthodox rational choice contractarianism. I argue, however, that orthodox rational choice contractarianism, before and after Gauthier, is still a viable approach to the social contract, although the scope of (...) this approach is limited. Orthodox rational choice contractarianism can be applied fruitfully to moral philosophy only in situations of deep moral pluralism in which moral reasoning is reduced to instrumental reasoning, because the members of society do not share, as assumed by traditional moral theories, a consensus on moral ideals as traditionally conceived as a starting point for the derivation of moral rules but only an overarching end that they aim to reach. If orthodox rational choice contractarianism is applied adequately, then it offers a viable approach to the social contract that, in contrast to Gauthier’s theory, justifies a rival principle for distributive conflicts that is valid for deeply morally pluralistic societies. (shrink)

To show it is sometimes rational to cooperate in the Prisoner's Dilemma, David Gauthier has claimed that if it is rational to form an intention then it is sometimes rational act on it. However, the Paradox of Deterrence and the Toxin Puzzle seem to put this general type of claim into doubt. For even if it is rational to form a deterrent intention, it is not rational act on it (if it is not successful); and even if it is rational (...) to form an intention to drink a toxin, it is not rational to act on it (come the time for drinking). This article employs an extended version of Michael Bratman's theory of intention to show how to argue systematically that it can be rational to act on rationally formed cooperative intentions, while not being committed to the rationality of apocalyptic retaliation, or pointless toxin drinking. (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)

InMorals by Agreement, David Gauthier (1986) argues that it is rational to intend to cooperate, even in single-play Prisoner's Dilemma games, provided (1) your co-player has a similar intention; (2) both intentions can be revealed to the other player. To this thesis four objections are made. (a) In a strategic decision the parameters on which the argument relies cannot be supposed to be given. (b) Of each pair ofa-symmetric intentions at least one is not rational. But it is impossible to (...) form symmetric intentions to cooperate conditionally. For the condition on which the decision depends cannot be fulfilled without deciding. (c) If one's intention has to be ascertained on the basis of information about one's past performance, it is straightforwardly rational to intend to cooperate, but there is no reason to do so in a single-play PD. (d) The argument cannot be extended ton-person games which are Gauthier's principal concern. (shrink)

Contemporary discussions about practical reason or practical rationality invoke four competing views which can be named as follows by reference to their historical models: Aristotelian, Hobbesian, Kantian and Nietzschean. The subject-matter of this article is a defence of the Kantian conception of practical rationality in the interpretation of discourse theory. At the heart, lies the justification and the application of the rules of discourse. An argument consisting of three parts is pre sented to justify the rules of discourse. The three (...) parts are as follows: a transcen dental-pragmatic argument; an argument which takes account of the maximisation of individual utility and an empirical premise about an interest in correctness. Within the framework of the problem of application, the article outlines a justification of human rights and of the basic institutions of the democratic constitutional state on the basis of discourse theory. (shrink)