Abstract

Traditional contractarian theories based upon the theory of rational choice suffer from a number of well-known problems. For example, in positing the initial choice problem, the outcome selected by rational agents depends upon the specification of the choice situation, the range of alternatives the agents may choose from, and the nature of the rational agents themselves. Modifying any one of these three parameters likely alters the choice outcome, creating difficulties for social contract theorists who attempt to base a theory of normativity upon such a choice. I describe a new form of contractarian theories, which I call evolutionary contractarianism. Although evolutionary contractarianism still seeks to ground a theory of normativity in the individual choices of rational agents, it recognizes both that agents are, at best, only boundedly rational, and that the dynamics of interaction between rational agents cannot be ignored. I explicitly concentrate on developing an evolutionary contractarian theory for norms of fair division in two bargaining games, laying a general framework which may in principle be extended to norms of fair division in other contexts