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)

I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be tried (...) and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing. (shrink)

We share our world with many people who ignore the principles of justice and who regularly take advantage of others by breaching trust or breaking agreements. This dissertation is about the irrationality of the actions of these covenant-breakers. A covenant-breaker typically believes that unjust behavior is to his advantage and that only a fool would act in any other way. Would it not be disturbing if this were true? My central claim will be that adherence to the precepts of justice (...) is a rational strategy for a self-interested actor. I intend to demonstrate that con men and covenant-breakers do not act rationally when violating an agreement. I will trace the concept of justice as it evolves through philosophical history and show that, while the concept of justice changes as the underlying concept of human nature and psychology changes, the argument in favor of the rationality of just behavior remains coherent throughout. Each historical interpretation will advance some form of the claim that the consistent observance of cooperative agreements is a rational strategy, and at each point an interlocutor will object. I will show that these interlocutors are mistaken. My motivating goal is to show that justice, understood as the consistent observance of cooperative agreements, is rational. I want to respond to the clandestine cheaters and other skeptics who believe that just behavior is for suckers, because, if the skeptics are right, and justice is indeed irrational, then those among us who are acting in a just manner are paying an unnecessary cost. (shrink)