Moral Contractarianism

In this paper, I ask three questions of the liberal. In each, I fill in philosophical detail around a certain sort of complaint raised in current public debates about their position. In the first, I probe the limits of the liberal's tolerance for civil disobedience; in the second, I ask how the liberal can adjudicate the most divisive moral disputes of the age; and, in the third, I suggest the liberal faces a problem when there is substantial disagreement about the (...) boundaries of the rational and the reasonable. (shrink)

Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent has (...) the burden of justifying his or her actions to others. Both of their views count as ‘constructivist’ because they reject moral realism and hold that normativity is a function of what we do, either individually or collectively. Kant’s Rechtslehre is neutral regarding moral realism and yet constructivist about moral norms. However, the relevant acts basic to Gauthier’s and Scanlon’s views concern voluntary agreements we make. Using agreement to establish basic norms faces some serious difficulties. Kant’s Rechtslehre avoids these problems by showing how basic social norms can be identified and justified independently of voluntary agreement. Moreover, it does so in a way that shows that an individual’s justification of his or her acts to others and the justification of the acts of others to any individual are inseparable aspects of one and the same justificatory reasons in which voluntary agreement plays no role. (shrink)

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)

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)

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)

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)

At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from (...) the state of nature to civil society. I then briefly point out how bringing this concept back to the fore could help to illuminate the current discussion on the foundations of basic human rights, and to evaluate cases where these seem to clash with property rights. (shrink)

Given the fact of moral disagreement, theories of state neutrality which rely on moral premises will have limited application, in that they will fail to motivate anyone who rejects the moral premises on which they are based. By contrast, contractarian theories can be consistent with moral scepticism, and can therefore avoid this limitation. In this paper, I construct a contractarian model which I claim is sceptically consistent and includes a principle of state neutrality as a necessary condition. The principle of (...) neutrality which I derive incorporates two conceptions of neutrality which have usually been thought of as distinct and incompatible. I argue that contractarianism gives us a unified account of these concep- tions. Ultimately, the conclusion that neutrality can be derived without violating the constraint established by moral scepticism turns out to rely on an assumption of equal precontractual bargaining power. I do not attempt to defend this assumption here. If the assumption cannot be defended in a sceptically consistent fashion, then the argument for neutrality given here is claimed to be morally minimal, rather than fully consistent with moral scepticism. (shrink)

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, here, (...) that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

"In 'Hobbes and the Social Contract Tradition' Professor Hampton undertakes an "extensive examination" of Hobbes's argument, primarily as stated in Leviathan, for the institutionof an absolute sovereign. Hampton, however, is concerned to accomplish more than "a description or explication" of Hobbes's political philosophy. Rather, it is her intention to develop a "rational reconstruction" of Hobbes's argument.... 'Hobbes and the Social Contract Tradition' is an important and valuable contribution to the study of Hobbes's political philosophy. Throughout this work one acquires new (...) and illuminating insights into Hobbes's argument and its contemporary significance. ... it is essential reading for all those who are seriously concerned to come to grips with Hobbes's social contract theory. Hobbes scholar and political theorist alike will learn a great deal from it.". (shrink)

In his book, The Grounds of Moral Judgment, Russell Grice argues for a thesis he calls "the contract ground thesis," which connects the interest of members of a group in making a contract to the existence of an obligation and reason to abide by that contract. This thesis has been challenged by Jesse Kalin and subsequently defended by Grice. We show that Grice's defense fails--the contract ground thesis is without justification.

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.

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)