Hardin demonstrates that many of these structural issues can and should be distinguished from the thornier problems of utilitarian value theory, and he is able ...

Hume's place in history -- Moral psychology -- Strategic analysis -- Convention -- Political theory -- Justice as order -- Utilitarianism -- Value theory -- Retrospective.

In a book that challenges the most widely held ideas of why individuals engage in collective conflict, Russell Hardin offers a timely, crucial explanation of group action in its most destructive forms. Contrary to those observers who attribute group violence to irrationality, primordial instinct, or complex psychology, Hardin uncovers a systematic exploitation of self-interest in the underpinnings of group identification and collective violence. Using examples from Mafia vendettas to ethnic violence in places such as Bosnia and Rwanda, he describes the (...) social and economic circumstances that set this violence into motion. Hardin explains why hatred alone does not necessarily start wars but how leaders cultivate it to mobilize their people. He also reveals the thinking behind the preemptive strikes that contribute to much of the violence between groups, identifies the dangers of "particularist" communitarianism, and argues for government structures to prevent any ethnic or other group from having too much sway. Exploring conflict between groups such as Serbs and Croats, Hutu and Tutsi, Northern Irish Catholics and Protestants, Hardin vividly illustrates the danger that arises when individual and group interests merge. In these examples, groups of people have been governed by movements that managed to reflect their members' personal interests--mainly by striving for political and economic advances at the expense of other groups and by closing themselves off from society at large. The author concludes that we make a better and safer world if we design our social institutions to facilitate individual efforts to achieve personal goals than if we concentrate on the ethnic political makeup of our respective societies. (shrink)

Rational choice and other accounts of trust base it in objective assessments of the risks and benefits of trusting. But rational subjects must choose in the light of what knowledge they have, and that knowledge determines their capacities for trust. This is an epistemological issue, but not at the usual level of the philosophy of knowledge. Rather, it is an issue of pragmatic rationality for a given actor. It is commonly argued that trust is inherently embedded in iterated, thick relationships. (...) But such relationships are merely one source of relevant knowledge in a street-level epistemological account. Early experience may heavily influence later capacity for trust. For example, bad experience may lead to lower levels of trust and therefore fewer opportunities for mutual gain. (shrink)

The central argument of this book is that liberalism, constitutionalism, and democracy, as well as, specifically, liberal constitutional democracy all work, when they do, because they serve the mutual advantage of the politically effective groups in the society through coordination of those groups on a political and, perhaps, economic order. These arguments are applied both to the early history of constitutional developments in the United States and to contemporary transitions from autocratic regimes to market democracies. A subsidiary claim is that (...) constitutional political institutions and democratic procedures generally require not so much active support as merely acquiescence in order to survive and work. These are explanatory theses, not normative claims, but they have relevance for normative claims if one takes seriously some relative of Kant's dictum that ought implies can. If we are to insist that some form of government is normatively right for a particular society, we must be able to say that it would or could work for that society. It is commonly argued that what makes democracy right is that it works by consent. If so, it is such a distressingly minimal form of consent—acquiescence—as to be normatively disqualified. If we rule out mere acquiescence as adequate for consent, it seems likely that no credible argument can be adduced to defend liberal constitutional democracy in any detail on grounds of consent or contractarianism. Hence, concern for workability, which should be central to any moral assessment of principles of social order, undercuts the entire consent school of political theory. (shrink)

Hardin presents an essentially economic account of what an individual can come to know and then applies this account to many areas of ordinary life: political participation, religious beliefs, popular knowledge of science, liberalism, ...

The paradox of mass voting is not, generally speaking, matched by a paradoxical mass attempt to be politically well informed. As Converse underscored, most people are grossly politically ignorant—just as they would be if, as rational‐ignorance theory holds, they realized that their votes don't matter. Yet many millions of them contradict the theory by voting. This contradiction, and the illogical reasons people offer for voting, suggest that the logic of collective action does not come naturally to people. To equate public (...) ignorance with “rational ignorance,” then, attributes too much theoretical self‐consciousness to people. Even if their ignorance is not based on a grasp of the collective‐action problem, however, people's political ignorance is “rational”: but it is less a matter of calculating the low benefit likely to flow from one vote in a sea of millions, than of encountering the much higher cost of being well informed as compared to voting. As the high cost of becoming well informed appears likely to grow, it may be advisable to move off of the political agenda issues that have no clear continuum toward which a mostly ignorant median voter may gravitate. (shrink)

This paper discusses the impact of the so-called war on terrorism on civil liberties. The United States government in Madison’s plan was to be distrusted and hemmed in to protect citizens against it. The terrorist attacks of 2001 have seemingly licensed the US government to violate its Madisonian principles. While the current government asks for citizen trust, its actions justify distrust. The courts, which normally are the chief defenders of civil liberties, typically acquiesce in administration policies during emergencies, and it (...) has been during wartimes that the worst infringements of civil liberties have occurred. (shrink)

In simple action theory, when people choose between courses of action, they know what the outcome will be. When an individual is making a choice "against nature," such as switching on a light, that assumption may hold true. But in strategic interaction outcomes, indeterminacy is pervasive and often intractable. Whether one is choosing for oneself or making a choice about a policy matter, it is usually possible only to make a guess about the outcome, one based on anticipating what other (...) actors will do. In this book Russell Hardin asserts, in his characteristically clear and uncompromising prose, "Indeterminacy in contexts of strategic interaction... Is an issue that is constantly swept under the rug because it is often disruptive to pristine social theory. But the theory is fake: the indeterminacy is real."In the course of the book, Hardin thus outlines the various ways in which theorists from Hobbes to Rawls have gone wrong in denying or ignoring indeterminacy, and suggests how social theories would be enhanced--and how certain problems could be resolved effectively or successfully--if they assumed from the beginning that indeterminacy was the normal state of affairs, not the exception. Representing a bold challenge to widely held theoretical assumptions and habits of thought, Indeterminacy and Society will be debated across a range of fields including politics, law, philosophy, economics, and business management. (shrink)

The moral heart of normative law and economics is efficiency, especially dynamic efficiency that takes incentive effects into account. In the economic theory, justificatory argument is inherently at the institutional- or rule-level, not an the individual- or case-level. InMarkets, Morals, and the Law Jules Coleman argues against the efficiency theory on normative grounds. Although he strongly asserts the need to view law institutionally, he frequently grounds his criticisms of law and economics in arguments from little more than direct moral intuition (...) about individual cases. He evidently holds that consent provides a better normative basis for law than does efficiency and he uses consent arguments to attack recommendations from scholars in law and economics. His own chief contribution, however, is to law and economics rather than to any alternative theory. (shrink)

Concern with material equality as the central form of distributive justice is a very modern idea. Distributive justice for Aristotle and many other writers for millennia after him was a matter of distributing what each ought to get from merit or desert in some sense. Many, such as Hume, thought material equality a pernicious idea. In the medieval village life of Bodo, villagers knew enough about each other to govern relations through norms, including, when necessary, a norm of charity. In (...) more complex modern societies, economic destitution cannot so well be handled by individual charity, but now it can be handled by states. Hence, we begin to conceive of the idea of distributive justice as driven essentially by concern for material equality. The difference in state capacities is largely epistemological: states today can know much more about their citizens. (shrink)

We can observe in the progression of the work of Thomas Hobbes through David Hume to John Rawls a development from a focus on severe disorder to order under law and then to concern with distribution. This striking development is not due simply to changes of normative views, but is in large part about the technical or virtually technological capacities of government. There are also non-normative theoretical and significant developments in their theories. Hence, much of the difference between these philosophers, (...) who superficially appear to disagree deeply, is essentially social scientific. If so, they should all be willing to revise conclusions to fit better social science. This is not the whole story, perhaps, or if it is, then we have to conclude that all of them make big scientific mistakes that vitiate their theories. On this view, Hume comes closest to having the theory right in his time and his account is more compelling as a social scientific account of our issues than are the accounts of Hobbes or Rawls. Key Words: Hobbes • Hume • Rawls • social science • order • justice • technology. (shrink)

The central problem of political philosophy is how to justify coercion by government. For political theories that are based in a rational accounting of the interests of the polity, citizens must have consented at least indirectly to coercion. Such indirect consent to coercion is plausible for ordinary contexts such as, for example, submitting to legally enforceable contracts. Unfortunately, however, Hobbesian mutual advantage, contemporary contractarian, and Lockean natural rights theories, all of which ground the state in rational interests at least in (...) large part, can justify government coercion only in principle. They cannot justify coercion by actual states. In practice, these theories are morally indeterminate. (shrink)

If we wish to assess the morality of elected officials, we must understand their function as our representatives and then infer how they can fulfill this function. I propose to treat the class of elected officials as a profession, so that their morality is a role morality and it is functionally determined. If we conceive the role morality of legislators to be analogous to the ethics of other professions, then this morality must be functionally defined by the purpose that legislators (...) are to fulfill once in office. Hence, the role morality of legislators will largely be determined by our theory of representation. We will need not a normative account of their role, but an empirical explanatory account. In David Hume's terms, the morality of role holders is one of “artificial” duties, that is to say, duties defined by their functional fit with the institutional purposes of a profession. Our most difficult problem, therefore, is to understand the role of our elected representatives. (shrink)

David Gauthier's Morals by Agreement presents a partial theory of distributive justice. It is partial because it applies only to the distribution of gains from joint endeavors, or what we may call the ‘social surplus’ from cooperation. This surplus is the benefit we receive from cooperation insofar as this is greater than what we might have produced through individual efforts without interaction with others. The central core of Gauthier's theory of distributive justice is his bargaining theory of ‘minimax relative concession’ (...) or MRC. Whether his theory is compelling turns essentially on whether MRC is workable and compelling. It is this issue that I wish to address. (shrink)

Most of the knowledge of an ordinary person has a very messy structure and cannot meet standard epistemological criteria for its justification. Rather, a street-level epistemology makes sense of ordinary knowledge. Street-level epistemology is a subjective account of knowledge, not a public account. It is not about what counts as knowledge in, say, physics, but deals rather, with your knowledge, my knowledge, the ordinary person's knowledge. I wish not to elaborate this view here, but to apply it to the problems (...) of representative democracy. I will briefly lay out the central implications of a street-level epistemology and then bring it to bear on democratic citizenship, especially on the problem of the citizen's holding elected officials accountable for their actions. (shrink)

There are three centrally important ways in which norms have been elaborated and explained: in terms of religious or natural law strictures on behavior, in terms of constraints imposed by rationality, and, recently, in terms of agents' behavior in well‐defined games. The principal difficulty of a gaming account of norms is to show how the account explains motivations of individuals to follow the norms. This issue is examined in the context of small‐number norms and large‐number norms. †To contact the author, (...) please write to: Department of Politics, New York University, 19 W. 4th Street, New York, NY 10012; e‐mail: russell.hardin@nyu.edu. (shrink)

In accounts of the ethics of science, we may treat practicing science as an institution of sorts. It has an imputed purpose, roughly, finding the truth about vast classes of causal relations. Scientists have been able to act reasonably with no more than the natural confluence of individual interest with the truth. But in the age of institutionalized science, with career stakes outside the accumulation of scientific findings and with institutional interests often directly conflicting with truth, this ‘natural confluence’ is (...) no longer adequate. Now, incentives must be reinforced from outside the scientist’s personal research arena or the scientist must be normatively governed by a desire for truth. In big science, there is little doubt that a formal regulatory system outside the scientist’s research arena is institutionally easier to design and implement than is the inculcation of an attitude of service. (shrink)

One of my fellow graduate students at MIT had access to the Pentagon Papers at a time when they were still classified, and he was writing a dissertation on aspects of the American involvement in Vietnam. One morning over breakfast he discovered that he had been preempted by the New York Times. Every scholar recently working on the Soviet Union, China, and Eastern Europe must understand that student’s sensation that morning. By now, they must face newspapers with a mixture of (...) hope and foreboding. Events outrun the most radical predictions. Not only has the Wall crumbled, with pieces of it being sold as souvenirs, but Albania has established telephone connections to the world not long after westerners came to believe Albania had been the only nation in modem times to succeed in disappearing. (shrink)

The excellent quality and depth of the various essays make [the book] an invaluable resource....It is likely to become essential reading in its field.—CHOICE.

Political liberalism began in the eighteenth century with the effort to establish a secular state in which religious differences would be tolerated. If religious views include universal principles to apply to all by force if necessary, diverse religions must conflict, perhaps fatally. In a sense, then, political liberalism was an invention to resolve a then current, awful problem. Its proponents were articulate and finally persuasive. There have been many comparable social inventions, many of which have failed, as Communism, egalitarianism, and (...) perhaps socialism have all failed to date. The extraordinary thing about political liberalism is that it seems to have succeeded in its authors' initial hope for it. It may have helped end the turmoil occasioned by religious differences. Political liberalism has since expanded in various ways under other influences, and, if it were not for Islamic fundamentalism with its seemingly coercive theocratic program, we might no longer today associate religious conflict with the core of liberalism in its actual practice. (shrink)

H. L. A. Hart’s criticism of Austin’s theory of law is that it is essentially false to the facts. Austin asserts that “Every positive law simply and strictly so called, is set by a sovereign person, or sovereign body of persons, to a … person or persons in a state of subjection to its author.” Laws get their force from the threat of sanction. This view, which we may call “the gunman theory of law,” is what Hart criticizes. Too many (...) laws, he argues, do not look like commands backed by sanctions for us to find this theory compelling. (shrink)