"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)

There is an under-appreciated tradition of genealogical explanation that is centrally concerned with social functions. I shall refer to it as the tradition of pragmatic genealogy. It runs from David Hume (T, 3.2.2) and the early Friedrich Nietzsche (TL) through E. J. Craig (1990, 1993) to Bernard Williams (2002) and Miranda Fricker (2007). These pragmatic genealogists start out with a description of an avowedly fictional “state of nature” and end up ascribing social functions to particular building blocks of our practices (...) – such as the fact that we use a certain concept, or live by a certain virtue – which we did not necessarily expect to have such a function at all. That the seemingly archaic device of a fictional state-of-nature story should be a helpful way to get at the functions of our actual practices must seem a mystifying proposal, however; I shall therefore endeavor to demystify it in what follows. My aim in this chapter is twofold. First, by delineating the framework of pragmatic genealogy and contrasting it with superficially similar methods, I argue that pragmatic genealogies are best interpreted as dynamic models whose point is to reveal the function – and non-coincidentally often the social function – of certain practices. Second, by buttressing this framework with something it notably lacks, namely an account of the type of functionality it operates with, I argue that both the type of functional commitment and the depth of factual obligation incurred by a pragmatic genealogy depend on what we use the method for: the dynamic models of pragmatic genealogy can be used merely as heuristic devices helping us spot functional patterns, or more ambitiously as arguments grounding our ascriptions of functionality to actual practices, or even more ambitiously as bases for functional explanations of the resilience or the persistence of practices. By bringing these distinctions into view, we gain the ability to distinguish strengths and weaknesses of the method’s application from strengths and weaknesses of the method itself. (shrink)

Philosophy of science and history of science both have a significant relation to science itself; but what is their relation to each other? That question has been a focal point of philosophical and historical work throughout the second half of this century. An analysis and review of the progress made in dealing with this question, and especially that made in philosophy, is the focus of this thesis. Chapter one concerns logical positivist and empiricist approaches to philosophy of science, and the (...) significance of the criticisms levelled at them by analytic epistemologists such as Willard Quine and 'historicist' philosophers, especially Thomas Kuhn. Chapter two details the attempts by Kuhn and Lakatos to integrate these historicist criticisms with historically oriented philosophy of science, in their separate attempts at providing rational explanations of historical developments. Kuhn's latest work seeks to mend fences with philosophy, but his efforts remain too closely tied to the epistemological approaches strongly criticized in his earlier work. Lakatos' treatment of history is much more subtle than most have understood it to be, but the conception of scientific rationality that arises out of it is transformed into an abstract cultural product, more reminiscent of Hegel's geist than of individual human rationality. Chapters three and four discuss the recommendations of Lakatos and Laudan to historians with regard to historiography, and the actual historiographies and philosophy of history of practicing historians and historians of science. The philosophers' contributions indicate little concern for the historians' own methods, materials, and purposes; and the historians' writings present methodologies for history of science that are independent of the normative demarcations of philosophy of science, pace Lakatos and Laudan. Chapter five develops a philosophical position that fosters a more productive engagement between philosophy and history of science, a 'methodological historicism' that embraces the possibility of an important role for social and political factors in a philosophical study of scientific development. The epistemological relativism that might accompany such a historicist position need not be the radical epistemological anarchism of Feyerabend, though it will allow for a significant underdetermination of scientific development by reason nonetheless. (shrink)

Early modern theorists linked the idea of sovereign power to a conception of absolute power developed during the medieval period. Ockham had reframed the already extant distinction between God's absolute and ordained powers in order to argue that God was free of moral constraint in ordaining natural law for human beings. Thus, the natural law could command the opposite of what God had ordained if He wished to make it so. Bodin extended Ockham's argument to earthly sovereigns, who do not (...) (he argued) have to obey civil law. However, Bodin undermined his absolutism by maintaining that civil law has to be consistent with natural and divine law. Hobbes more consistently argued that while mortal sovereigns are accountable to God, the power of sovereigns to command is not subject to moral constraints. Underlying Ockham's view of God's sovereignty, and Bodin's and Hobbes's view of earthly sovereigns, is a notion of the will's unconstrained power. But this notion is self-referentially incoherent. This incoherence, in turn, infects the very notion of sovereignty. (shrink)

Abstract Inspired by Rawls?s admission that his twentieth?century contract theory builds in the parochial horizon of modern constitutional democracy, this essay critically examines two truisms about seventeenth?century contract theory. The first is the stock view that the English case is irrelevant to the logic of Leviathan and the Second Treatise. To the contrary, I argue that their political conclusions depend on introducing constitutional and legal ?facts?, in particular, facts about the constitution of the English monarchy. Second, I challenge the Whiggish (...) characterization of contract theory as an important step in the development of democratic sovereignty. I draw on Hume?s famous critique of the genre to make the case that seventeenth?century contract theory addressed a peculiarly ancien?regime issue ? namely, resistance to legitimate rulers. In both respects, Hobbes?s and Locke?s social contracts are properly regarded as ancien?regime theories of politics. They are, as Rawls would put it, ?political not metaphysical? theories. (shrink)

This article examines changes in the conception of morality and egoism in early modern Europe. It explains that the postulate that human beings were fractious, covetous, and endowed with a strong drive towards self-aggrandizement was associated with Thomas Hobbes, and his writings produced a strong counterflow in the form of assertions and demonstrations of altruism and benevolence as natural endowments of human beings. It suggests that the modern ethical thought has defined itself by its concern with a specific ethical conception (...) whose distinctness from eudaimonist prudential concerns is part of its very idea. (shrink)

(2002). A VERY PECULIAR ROYALIST. HOBBES IN THE CONTEXT OF HIS POLITICAL CONTEMPORARIES. British Journal for the History of Philosophy: Vol. 10, No. 2, pp. 167-208. doi: 10.1080/096087800210122455.

Hobbes’s state of nature is often analyzed in two-person two-action non-cooperative games. By definition, this literature only focuses on duels. Yet, if we consider general games, i.e., with more than two agents, analyzing Hobbes’s state of nature in terms of duel is not completely satisfactory, since it is a very specific interpretation of the war of all against all. Therefore, we propose a definition of the state of nature for games with an arbitrary number of players. We show that this (...) definition coincides with the strategy profile considered as the state of nature in two-person games. Furthermore, we study what we call rational states of nature. We show that in rational states of nature, the utility level of any agent is equal to his maximin payoff. We also show that rational states of nature always exist in inessential games. Finally, we prove the existence of states of nature in a class of symmetric games. (shrink)

This article argues that political realists have at least two strategies to provide distinctively political normative judgements that have nothing to do with morality. The first ground is instrumental normativity, which states that if we believe that something is a necessary means to a goal we have, we have a reason to do it. In politics, certain means are required by any ends we may intend to pursue. The second ground is epistemic normativity, stating that if something is true, this (...) gives us a reason to believe it. In politics, there are certain empirical regularities that ought to be acknowledged for what they are. Both sources are flawed. Instrumental normativity only requires coherence between attitudes and beliefs, and one can hang on to false beliefs to preserve attitudes incompatible with reality. I may desire to eschew power relations, and accordingly I may imagine politics to be like a camping trip. Epistemic normativity, on the other hand, operates critically, striking down existing normative claims. It shows us that politics is nothing like a camping trip, but it doesn’t tell us what we should do about it. We conclude by showing that if the two are taken together, they remedy each other’s flaws. (shrink)

Recently, philosophers have drawn on tools from game theory to explore behavior in Hobbes’ state of nature. I take a similar approach and argue the Lockean state of nature is best conceived of as a conflictual coordination game. I also discuss Nozick’s famous claim regarding the emergence of the state and argue the path to the minimal state is blocked by a hitherto unnoticed free-rider problem. Finally, I argue that on my representation of the Lockean state of nature both widespread (...) conflict and lasting peace are possible. This, I contend, is in line with one popular interpretation of Locke. (shrink)

Este trabalho tem como objetivo tratar do papel da imaginação na filosofia política de Hobbes. Argumentamos que a reflexão de Hobbes sobre a imaginação conduz à distinção fundamental para sua filosofia política entre prudência e razão. A instituição da soberania consiste justamente na superação da dimensão da prudência através da razão. Assim, a filosofia política de Hobbes envolve a substituição de uma esfera de relações de poder, o plano da imaginação, por uma esfera de relações de direito no estado civil, (...) o plano da razão. (shrink)

According to a common reading of Thomas Hobbes, fear is the most philosophically important passion, responsible for the founding and sustaining of the commonwealth. I argue that this common reading is incorrect by focusing on the necessary and important role of hope in human action as well as in the founding and sustaining of the commonwealth. Life in the Hobbesian commonwealth, on the reading defended in this paper, is less fearful and more hopeful than scholars have noticed.

The dominant theory of the evolution of moral cognition across a variety of fields is that moral cognition is a biological adaptation to foster social cooperation. This chapter argues, to the contrary, that moral cognition is likely an evolutionary exaptation: a form of cognition where neurobiological capacities selected for in our evolutionary history for a variety of different reasons—many unrelated to social cooperation—were put to a new, prosocial use after the fact through individual rationality, learning, and the development and transmission (...) of social norms. This chapter begins with a brief overview of the emerging behavioral neuroscience of moral cognition. It then outlines a novel theory of moral cognition that I have previously argued explains these findings better than alternatives. Finally, it shows how the evidence for this theory of moral cognition and human evolutionary history together suggest that moral cognition is likely not a biological adaptation. Instead, like reading sheet music or riding a bicycle, moral cognition is something that individuals learn to do—in this case, in response to sociocultural norms created in our ancestral history and passed down through the ages to enable cooperative living. (shrink)

Hobbes postulates a social contract to formalize our collective transition from the state of nature to civil society. The prisoner’s dilemma challenges both the mechanics and the outcome of that thought experiment. The incentives for reneging are supposedly strong enough to keep rational persons from cooperating. This paper argues that the prisoner’s dilemma undermines a position Hobbes does not hold. The context and parameters of the social contract steer it safely between the horns of the dilemma. Specifically, in a setting (...) as hostile as the state of nature, Hobbes’s emphasis on self-interest places a premium on survival, and thereby on adaptability, which then promotes progressive concessions toward peaceful coexistence. This transforms the relevant model of rationality from utility maximization to utility satisficing, thus favoring the pursuit of a mutually satisfactory outcome over that of the best personal outcome. The difference not only obviates the prisoner’s dilemma but also better approximates the state of nature while leaving a viable way out. (shrink)

I offer an alternative account of the relationship of Hobbesian geometry to natural philosophy by arguing that mixed mathematics provided Hobbes with a model for thinking about it. In mixed mathematics, one may borrow causal principles from one science and use them in another science without there being a deductive relationship between those two sciences. Natural philosophy for Hobbes is mixed because an explanation may combine observations from experience (the ‘that’) with causal principles from geometry (the ‘why’). My argument shows (...) that Hobbesian natural philosophy relies upon suppositions that bodies plausibly behave according to these borrowed causal principles from geometry, acknowledging that bodies in the world may not actually behave this way. First, I consider Hobbes's relation to Aristotelian mixed mathematics and to Isaac Barrow's broadening of mixed mathematics in Mathematical Lectures (1683). I show that for Hobbes maker's knowledge from geometry provides the ‘why’ in mixed-mathematical explanations. Next, I examine two explanations from De corpore Part IV: (1) the explanation of sense in De corpore 25.1-2; and (2) the explanation of the swelling of parts of the body when they become warm in De corpore 27.3. In both explanations, I show Hobbes borrowing and citing geometrical principles and mixing these principles with appeals to experience. (shrink)

This is the most comprehensive book ever published on philosophical methodology. A team of thirty-eight of the world's leading philosophers present original essays on various aspects of how philosophy should be and is done. The first part is devoted to broad traditions and approaches to philosophical methodology. The entries in the second part address topics in philosophical methodology, such as intuitions, conceptual analysis, and transcendental arguments. The third part of the book is devoted to essays about the interconnections between philosophy (...) and neighbouring fields, including those of mathematics, psychology, literature and film, and neuroscience. (shrink)

Why did such highly abstract ideas as truth, knowledge, or justice become so important to us? What was the point of coming to think in these terms? This book presents a philosophical method designed to answer such questions: the method of pragmatic genealogy. Pragmatic genealogies are partly fictional, partly historical narratives exploring what might have driven us to develop certain ideas in order to discover what these do for us. The book uncovers an under-appreciated tradition of pragmatic genealogy which cuts (...) across the analytic-continental divide, running from the state-of-nature stories of David Hume and the early genealogies of Friedrich Nietzsche to recent work in analytic philosophy by Edward Craig, Bernard Williams, and Miranda Fricker. However, these genealogies combine fictionalizing and historicizing in ways that even philosophers sympathetic to the use of state-of-nature fictions or real history have found puzzling. To make sense of why both fictionalizing and historicizing are called for, the book offers a systematic account of pragmatic genealogies as dynamic models serving to reverse-engineer the points of ideas in relation not only to near-universal human needs, but also to socio-historically situated needs. This allows the method to offer us explanation without reduction and to help us understand what led our ideas to shed the traces of their practical origins. Far from being normatively inert, moreover, pragmatic genealogy can affect the space of reasons, guiding attempts to improve our conceptual repertoire by helping us determine whether and when our ideas are worth having. (shrink)

After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...) ignores rule of law, and their only justifications for lustration are consequentialist ones. This article suggests that lustration may not necessarily be a problem for liberals. While group treatment might be justified on grounds of convenience and pragmatism in times of transitional justice, there are also valid moral arguments consistent with moral individualism and due process for wholesale group punishment after a war. This article offers four overlapping moral justifications, in a robust defense of the core concept of lustration that is covered by each argument. (shrink)

Abstract Differing interpretations of the political thought of David Hume have tended to emphasize either conservative, gradualist elements similar to Burke or rationalist aspects similar to Hobbes. The concept of indirect utility as used by Hume reconciles these two approaches. Indirect utility is best illustrated by Hume's conception of justice, in contrast to his conception of benevolence, which yields direct benefits. This understanding of Hume's consequentialism also helps underscore certain egalitarian aspects of Hume's thought.

Feizi 韓非子 in terms of the concept of shi 勢 (circumstantial advantage, power, or authority). This argument is based on the A Critique of Circumstantial Advantage (Nanshi 難勢) chapter of the Hanfeizi, where Han Feizi advances his own idea of shi after criticizing both Shen Dao and an anonymous Confucian. However, there are other primary sources to contain Shen Dao’s thought, namely, seven incomplete Shenzi 慎子 chapters of the Essentials on Government from the Assemblage of Books (Qunshu zhi yao 群書治要) (...) and other fragments preserved in other Chinese texts. This article examines the Shenzi fragments in order to ask whether Shen Dao stresses the concept of shi. (shrink)

ABSTRACT Terrorism is perhaps the greatest challenge of the contemporary age. Of all the canonical figures in political theory, Thomas Hobbes is the most likely candidate to offer genuine insight into this problem. Yet although his analysis of the state of nature is immediately relevant to the diagnosis of this problem, his metaphysics cannot sustain his politics. His aspiration to “immutable” natural laws grounded in the universal motivation of the fear of death crumble when this fear is no longer universal. (...) When terrorists are inspired by a religious ideology that makes them willing to die for their beliefs—and when they benefit from other asymmetries with the civilian populations against which they are arrayed—Hobbes the theorist of war and international relations becomes less relevant than Hobbes the prescriber of “rational” (fearfully pacific) human nature. (shrink)

This article assesses the quality of Integrative Social Contracts Theory (ISCT) as a social contract argument. For this purpose, it embarks on a comparative analysis of the use of the social contract model as a theory of political authority and as a theory of social justice. Building on this comparison, it then develops four criteria for any future contractarian theory of business ethics (CBE). To apply the social contract model properly to the domain of business ethics, it should be: (1) (...) self-disciplined, i.e., not aspire results beyond what the contract model can realistically establish; (2) argumentative, i.e., it should seek to provide principles that are demonstrative results of the contractarian method; (3) task-directed, i.e., it should be clear what the social contract thought-experiment is intended to model; and (4) domain-specific, i.e., the contractarian choice situation should be tailored to the defining problems of business ethics. (shrink)

The out?dated intentionalistic assumptions manifest in Habermas's Theory of Communicative Action undermine a solution to the problem of order in action theory beyond utilitarianism. An analysis of his intersubjectivistic conception, which is based on the theory of the speech?act, shows that the incompleteness of Habermas's linguistic turn is due to his attempt to revive the older Critical Theory's concept of critique. The claims for a scientifically well?founded revival of a universal concept of reason ? which are asserted in this concept (...) ? invalidate the intersubjectivistic paradigm in action theory and therefore obstruct the way to a de?individualized formulation of the theory of social contract that avoids the paradox of utilitarian models. (shrink)

Why should one person obey another? Why (to ask the question from the first-person perspective) ought I to submit to another and follow her judgment rather than my own? In modern political thought, which denies that some are born rulers and others are born to be ruled, the most prominent answer has been: “Because I have consented to her authority.” By making authority conditional on the subjects’ consent, political philosophers have sought to reconcile authority’s hierarchical structure with the equal moral (...) standing of governor and governed. Yet such consent accounts of authority have long been deemed problematic on a number of grounds, not the least of which is that few citizens have given their consent to the state under whose laws they live. So unless we are willing to deny the state’s authority over those who have not consented, or revert to the pre-modern assumption of a natural political hierarchy, we must find another way of reconciling authority with our standing as free and equal moral agents. In recent political and legal philosophy, the most influential solution to this problem has been Joseph Raz’s service conception of authority, according to which legitimate authority, while it does not require the consent of the governed, must exist for their sake, or serve them. The normal way to justify someone’s authority, on the service conception, is to show that, by treating her directives as binding, the subjects are likely better to conform to reasons that apply to them anyway. The service conception has, however, recently been criticized (by, among others, Thomas Christiano, Scott Hershovitz, and Jeremy Waldron) for being insufficiently attuned to the significance that procedural, and in particular democratic, features of political and legal institutions have for the justification of their authority. If these ‘democratic critics’ are right, then two commitments that many in the liberal-democratic tradition may find independently attractive turn out to be in tension: the liberal idea that authority is normally legitimate only insofar as it serves its subjects, and the democratic idea that legitimate authority can (and regularly does) rest on fair procedures. In this article I argue that the critics’ arguments rest on a misunderstanding of the service conception; yet their worries point the way to an under-appreciated and interesting view of democracy as an authoritative arbitration procedure. After introducing the service conception’s view of justified authority, I briefly distinguish a broad and a narrow interpretation of it, and suggest that we should embrace the latter to make sense of the idea that political authority serves its subjects (Section I). Next I turn to the objection raised by the democratic critics: the service conception, they say, cannot make room for the intrinsic fairness of democratic procedures because it is preoccupied with the quality of outcomes (Section II). But, I argue, the objection rests on an illicit identification of two different kinds of outcomes: the outcome of the decision-making procedure on the one hand, the outcome or result of treating that first outcome as authoritative on the other. Distinguishing between these is crucial for an adequate understanding of democracy’s authority. While the service conception is indeed organized around the latter, this does not commit it to an exclusive concern with the former; yet it is a singular commitment to the former that is problematic from a democratic point of view (Section III). To bring home this point, I sketch a model of authority as arbitration that is frequently overlooked in recent discussions of authority even though it is centrally concerned with procedural (and ultimately democratic) values and fits squarely into the service conception of authority (Section IV). (shrink)

In their classic analyses, Hobbes and Hume argue that offensively violating a covenant is irrational because the offense ruins one’s reputation. This paper explores conditions under which reputation alone can enforce covenants. The members of a community are modeled as interacting in a Covenant Game repeated over time. Folk theorems are presented that give conditions under which the Humean strategy of performing in covenants only with those who have never offensively violated or performed with an offensive violator characterizes an equilibrium (...) of the repeated Covenant Game. These folk theorems establish that for certain ideal settings Hobbes’ and Hume’s arguments against offensively violating covenants are compelling. However, these ideal settings presuppose that the community has certain mechanisms that generate common knowledge of the identities of those with whom one should perform. I analyze the results of computer simulations of the interactions in a community whose members must rely upon private communication alone. The computer simulation data show that in this community, reputation effects cannot effectively deter members from offensively violating covenants. I conclude that Hobbes’ and Hume’s warnings against offensive violation are compelling only on condition that the community is sufficiently structured to generate common knowledge among its members. I also conclude that even in such structured communities, the Humean strategy is not the uniquely “correct” policy. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

Epicurean contractarianism is an attempt to reconcile individualistic hedonism with a robust account of justice. The pursuit of pleasure and the requirements of justice, however, have seemed to be incompatible to many commentators, both ancient and modern. It is not clear how it is possible to reconcile hedonism with the demands of justice. Furthermore, it is not clear why, even if Epicurean contractarianism is possible, it would be necessary for Epicureans to endorse a social contract. I argue here that Epicurean (...) contractarianism is both possible and necessary once we understand Epicurean practical rationality in a new way. We are left with an appealing version of teleological, individualistic contractarianism that is significantly different from Hobbesian contractarianism. (shrink)

Since the early 20th century, advocates of public relations professionalism have mandated that practitioners serve the public interest making it an ethical standard for evaluating the morality of public relations practice. However, the field has devoted little research to determining just what it means for practitioners to serve the public interest. Most research suggests practice-oriented solutions. This article focuses what practitioners must do to serve the public interest. It reviews theories of the social contract and the public interest to identify (...) an approach to serving the public interest that will help practitioners reconcile moral obligations to themselves, their client organizations, and the public. It concludes that combining superior individual interests with John Dewey's public philosophy will contribute to the moral development and improvement of practitioners and the public. (shrink)

This paper brings new work to bear on the perennial question about Hobbes's atheism to show that as a debate about scepticism it is falsely framed. Hobbes, like fellow members of the Mersenne circle, Descartes and Gassendi, was no sceptic, but rather concerned to rescue physics and metaphysics from radical scepticism by exploring corporealism. In his early letter of November 1640, Hobbes had issued a provocative challenge to Descartes to abandon metaphysical dualism and subscribe to a ?corporeal God?; a provocation (...) to which the Frenchman angrily responded, but was perhaps importantly influenced. Hobbes's minimal realism was consonant with atheism, to which Descartes felt he was being forced. Moreover, Hobbes was unrelenting in his battle against Cartesian dualism, for which he saw Robert Boyle's experimental science as a surrogate. (shrink)

This article provides a critical introduction to contractualism as a moral or ethical theory, that is, as a theory of the rightness and wrongness of individual conduct – focusing specifically on the influential 'Kantian' version of contractualism due to T. M. Scanlon. I begin by elucidating the key features of Scanlon's contractualism: justifiability to others; reasonable rejectability; the individualist restriction; and mutual recognition. I then turn to discuss both its appeal and the main objections that have been raised to it (...) – objections concerning our duties to the cognitively limited and impaired, aggregation, demandingness, normativity and explanatory adequacy. I conclude by mentioning some contractualist alternatives to Scanlon's theory. (shrink)

This paper calls attention to matsyanyaya, or state of nature theories, in classical Indian thought, and their significance. The focus is on those discussions of matsyanyaya found in the law books, political treatises and the Mahabharata epic. The significance and relevance of matsyanyaya theories are shown through a comparison with early modern state of nature theories and an elaboration on the possible place of rights and dharma in matsyanyaya and the consequences of this for classical Indian political theory.

If it was a matter of hunting a deer, everyone well realized that he must remain faithful to his post; but if a hare happened to pass within reach of one of them, we cannot doubt that he would have gone off in pursuit of it without scruple..." Rousseau's story of the hunt leaves many questions open. What are the values of a hare and of an individual's share of the deer given a successful hunt? What is the probability that (...) the hunt will be successful if all participants remain faithful to the hunt? Might two deer hunters decide to chase the hare? (shrink)

The main purpose of the paper is to present a new framework of meta-ethics which I call the Functional Model of Analysis. It presupposes that the most important meta-ethical question is not “What is the meaning of normative words, sentences and what is the ontological fabric of the moral world?” but “What should morality and ethics be for?”. It is a form of meta-ethics that focuses on finding theoretical resources that can be helpful in understanding ongoing ethical debates between disciples (...) of Aristotle, Epicurus, the Stoics, Augustine, Hobbes, utilitarians and Kant, and in building normative ethical theories that can help us to answer normative questions. As an example of such output I will present a formal sketch of Hybrid Function Consequentialism – a normative ethical theory based upon the meta-ethical framework proposed here. (shrink)

Contractarianism initially made its mark, in the seventeenth century, as a sort of theory of everything in ethics. But gradually philosophers became convinced that there were resources available outside contractarianism for settling important moral questions—for instance, ideas of human rights and the moral equality of persons. Then Rawls revived contractarianism with a more modest aim—namely, as a theory of justice. But even this agenda for contractarianism has been called into question, most notably by G.A. Cohen, who contends that we have (...) other tools at our disposal for identifying the true conception of justice. So the question remains: how should contractarianism be construed if it is to provide answers to questions that cannot be answered in some other way? In my essay I offer a very simple answer: contractarianism should be construed as a political morality. I arrive at this answer by starting with contractarianism as a theory of everything and paring away the unappealing layers of contractarianism so understood. I begin by describing what contractarianism is. Then I dispense with contractarianism as a theory of state legitimacy, as a theory of interpersonal morality, and as a theory of justice. Finally, I distinguish political morality from the other already-mentioned areas of morality, and argue that contractarianism is a sensible theory of its grounds. (shrink)

El propósito del presente trabajo consiste en explicar por qué Hobbes adopta una perspectiva corporativista para dar cuenta de la dinámica social y política que opera al interior del Leviatán. En concreto, intentaremos demostrar cómo el ordenamiento de la sociedad política en sistemas conducidos por representantes le permite a Hobbes establecer ciertas pautas en el desenvolvimiento de los conflictos públicos, fundamentalmente, la asignación de responsabilidades. A su vez, como hipótesis subsidiaria, argüiremos que el rol de la teoría de la representación (...) es central en la medida en que Hobbes no pretende eliminar la disputa política como tal, sino tan sólo deshacerse de su modalidad irregular. (shrink)

This paper explores two feminist contributions to the analysis of the social contract tradition, comparing the political philosophy of Carole Pateman with the moral theory of Jean Hampton, to ask two questions. First, which points must feminists continue to argue in their critique of the social contract tradition today? The second question is: Can feminists actually draw anything from the social contract tradition today? It argues that Pateman's critique of contractarianism continues to be useful when read in the context of (...) her analysis of “self‐ownership” and subordination rather than as a rewriting of the social contract. Hampton's deployment of a Kantian test for the failure of respect for personhood within domestic (and other) relationships does not undermine Pateman's position. Consideration of how such an ideal can be understood as potentially compatible with Pateman's perspective raises issues about the radical potential within claims for equal respect for personhood. In Hampton's work, widespread “test failure” can be used to indicate that political action rather than moral analysis is required. Hampton assumes that those employing the test are able to abstract themselves sufficiently from their current position to imagine what it would be to be treated as a person. It is argued that this “moral test” should be envisaged as being asked in concert with others, at which point it has the potential to become political action. (shrink)

The paper argues that Leviathan can be interpreted as employing a constructionist approach in several important respects. It takes issue with commentators who think that, if for Hobbes man is not naturally social, then man must be naturally unsocial or naturally purely individual. First, Hobbes's key conceptions of the role of artifice and nature-artifice relations are identified, and uncontroversially constructionist elements outlined, most notably Hobbes's conceptualisation of the covenant. The significance of crucial distinctions in Leviathan, between the civil and the (...) social, between science and philosophy, between mankind's nature and the human condition, is developed. A constructionist reading of the argument of Leviathan is then advanced. The interpretation focuses on the contribution of nature-artifice relations, and of Hobbes's notion of civil philosophy, in understanding the critical issues of the state of nature and individual subjectivity. This reconstruction of the meaning of the text highlights the necessarily social character of human life in Leviathan, expressed in the way that the social' gives meaning to the 'natural', as well as because for Hobbes we live in a mind-affected world of perception and ideas. Leviathan can be interpreted as, in particular, a political social construction, because both social and individual identity logically require the social order and arrangements that only a strong government can supply. The social world, in Leviathan, cannot exist prior to the generation of a political framework, in civil society, the commonwealth, and law. (shrink)

This paper offers a definition of social holism that makes the doctrine non-trivial but possibly true. According to that definition, the social holist maintains that people depend non-causally on interaction with one another for possession of the capacity to think; the thesis is meant to be a contingent truth but one, like physicalism, that is plausible in the light of some a priori argument and some plausible empirical assumptions. The paper also sketches an argument in support of social holism, which (...) connects with themes in a number of traditions, philosophical and sociological. The key idea is that people depend on socially shared dispositions and responses for the ability to identify - identify fallibly - the properties and other entities that they consider in each individual has to the course of thinking. (shrink)

In this essay, I examine two claims Hobbes makes about obligation in Leviathan:1) that obligation and ‘prudence’ are conceptually separate;2) that fulfilling one's obligations is to one's advantage.My thesis is that Hobbes seeks to reconcile these apparently conflicting claims by arguing that obligation and advantage are empirically identical. He does so, I hold, without ‘reducing’ obligation to advantage. That is, he does not hold that people should only keep covenants if doing so is in their self-interest.In section I, I analyse (...) the temporal structure of covenants and distinguish the decision to enter a covenant from the decision to break or keep a covenant one has already entered. In section II, I examine Hobbes’ fool. Hobbes tries to refute the fool by putting him right about that which conduces to his ‘conservation, and contentment.’. (shrink)

Conventional modern just war theory is fundamentally incoherent. On the one hand, the theory contains a theory of public war wherein ethical responsibility for the justice of war belongs uniquely to political sovereigns while subjects, including soldiers, are obligated to serve in war upon the sovereign’s command. On the other hand, the theory contains a theory of discrimination which presupposes that participants in war, including soldiers, are responsible for the justice of the wars they fight. Moreover, these two components are (...) derived from two inconsistent visions of political justice. The theory of public war, it turns out, is derived from a theory of justice that places the value of political society conceived of as a supra-individual communal entity above the value of the private individual. The theory of discrimination, however, is derived from a theory of justice that places the value of the private individual above that of political society. This inconsistency is revealed by analyzing the theories of Vitoria, Grotius, and Walzer. Appreciating this problem also helps situate the recent revisionist critiques of conventional just war theory. (shrink)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three features that (...) positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)

ABSTRACT In the following text we aim to present a proposal of interpretation of Hobbes's work from sociobiology viewpoint. Despite the fact it may strike some at first as an anachronism or straightforward wrong, reading the philosopher of Mamelsbury from a sociobiological perspective, can shed light on some particular aspects of his argument, particularly those referring to the construction of human nature and its influence on the modulation of the state of nature and on the justification of authority and political (...) obligation. So, Hobbes proceeds as a sociobiologist since he offers us a tale about the emergence of morality from where it didn't exist before and moves from there to a specific understanding of political authority. RESUMO No texto a seguir, pretendemos apresentar uma proposta de interpretação da obra de Hobbes a partir de sociobiologia. Apesar de poder chocar alguns em primeiro lugar como um anacronismo ou errado, ler o filósofo da Mamelsbury a partir de uma perspectiva sociobiológica pode lançar luz sobre alguns aspectos particulares do seu argumento, em especial os referentes à construção da natureza humana e sua influência sobre a modulação do estado de natureza e sobre a justificação da autoridade e obrigação política. Portanto, Hobbes procede como um sociobiólogo, já que ele nos oferece um conto sobre o surgimento da moralidade de onde ela não existia antes e se move de lá para uma compreensão específica da autoridade política. (shrink)

It seems to be a widely shared view that any defensible desire-fulfillment theory of welfare must be framed not in terms of what an agent, in fact, desires but rather in terms of what an agent would desire under hypothetical conditions that include improved information. Unfortunately, though, such accounts are subject to serious criticisms. In this paper I show that in the face of these criticisms the best response is to jettison any appeal to idealized information conditions: the considerations put (...) forward in support of the appeal to what would be desired in hypothetical circumstances of improved information do not, in fact, give adequate reason to make that appeal. (shrink)