Since at least as long ago as Plato’s time, philosophers have considered the possibility that justice is at bottom a system of rules that members of society follow for mutual advantage. Some maintain that justice as mutual advantage is a fatally flawed theory of justice because it is too exclusive. Proponents of a Vulnerability Objection argue that justice as mutual advantage would deny the most vulnerable members of society any of the protections and other benefits of justice. I argue that (...) the Vulnerability Objection presupposes that in a justice-as-mutual-advantage society only those who can and do contribute to the cooperative surplus of benefits that compliance with justice creates are owed any share of these benefits. I argue that justice as mutual advantage need not include such a Contribution Requirement. I show by example that a justice-as-mutual-advantage society can extend the benefits of justice to all its members, including the vulnerable who cannot contribute. I close by arguing that if one does not presuppose a Contribution Requirement, then a justice-as-mutual-advantage society might require its members to extend the benefits of justice to humans that some maintain are not persons (for example, embryos) and to certain nonhuman creatures. I conclude that the real problem for defenders of justice as mutual advantage is that this theory of justice threatens to be too inclusive. (shrink)

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)

Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules.Central to his position are claims that the dispersion of economic power precludes domination, and (...) that free entry into markets furthers such dispersion. As against the idea that the state is in a better position to disperse economic power, Pincione argues that the constitutional provisions needed to implement that idea are contestable, and to that extent require interpretive powers that themselves involve domination. Only a constitution that, as a side effect of its procedures for political decision making, generates full private property rights holds out hope of shielding citizens from domination. This is so, because a plurality of suppliers of goods and services is a structural feature of the free market, in a sense of “structural” that matters for measurements of domination based on fairly uncontroversial claims about persons and resources. (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)

I propose to examine here, at the outset, what I call the asymmetry in Thomas Hobbes's thought between his treatment of civil war and war between states, that is to say, between the departure from the state of nature - when that is a condition prevailing between individuals - and the permanency in the state of nature when it forms a condition existing between states. Secondly, I will address the Kantian progression beyond this asymmetry through the dual introduction of the (...) idea of progress and of ‘cosmo-political’ peace. The attention given in recent years by Habermas to the Kantian idea of perpetual peace [Habermas, 1996], the recent events in Kosovo and Chechnya, and their implications for the shape of an international penal tribunal to judge crimes against humanity, invigorate the questions of civil peace and of rights which transcend state frontiers. (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)

Is Hobbes a normative egoist? That is: does Hobbes think that an agent’s normative reasons are all grounded in her own good? A once-dominant tradition of Hobbes scholarship answers ‘yes’. In an important recent work, however, S.A. Lloyd has argued that the answer to the question is ‘no’, and built an alternative non-egoistic interpretation of Hobbes that stresses reciprocity and mutual justifiability. My aim in this paper is to articulate and defend an original ‘middle way’ interpretation of Hobbes which steers (...) a course between an excessively egoistic and what we might call an excessively ‘moralistic’ interpretation. According to the interpretation I defend, our obligations have their source in self-interest in the sense that they are all self-assumed results of covenants, our reasons for making which are solely self-interested. But the obligations that result from such covenants can sometimes require us to act against our self-interest. (shrink)

I review the classic skeptical challenges of Foole in Leviathan and the Lydian Shepherd in Republic against the prudential rationality of justice. Attempts to meet these challenges contribute to the reconciliation project (Kavka in Hobbesian moral and political theory , 1986 ) that tries to establish that morality is compatible with rational prudence. I present a new Invisible Foole challenge against the prudential rationality of justice. Like the Lydian Shepherd, the Invisible Foole can violate justice offensively (Kavka, Hobbesian moral and (...) political theory , 1986 ; Law and Philosophy , 14:5–34, 1995 ) without harming his reputation for justice. And like the Foole, the Invisible Foole dismisses the possibility that being just preserves goods intrinsic to justice, and will be just only if he fears that others will punish his injustice by withholding the external goods like labor and material goods that he would otherwise receive for their performance in covenants. I argue that given a plausible folk-theorem interpretation , Hobbes’ response to the Foole’s challenge is inconclusive, and depends crucially upon common knowledge assumptions that may or may not obtain in actual societies. I present two analogous folk-theorem arguments in response to the Invisible Foole’s challenge, one using the idea that the Invisible Foole’s power of concealment might be transitory, and the other using the idea that members of society might stop performing in covenants with anyone, thus punishing the Invisible Foole indirectly, if the Invisible Foole commits sufficiently many injustices. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (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)

Different attempts have been made to answer Reich’s question of why the majority of those who are hungry don’t steal and why the majority of those who are exploited don’t strike. The two most influential approaches have been the ideological one and the gunman theory. The gunman theory seems to have the upper hand. However, there are cases where oppression takes place in the absence of any gunman. The usual example is the democratic welfare state. We can conceive of such (...) instances of (continued) oppression by a minority of a majority as cases of rational injustice. Unless the privileged minority accepts the introduction of just institutions, there is no way of introducing them. And, for simple egoistic reasons, the minority doesn’t cooperate with the majority. So it is rational for the oppressed majority to endure. (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)

No. South African Journal of Philosophy Vol.26 (2) 2007:228-238.

[If you find this article interesting, let me mention another of my articles, “On Deducing Ethical Egoism from Psychological Egoism” (Theoria, 2023), which in many ways is a more thorough treatment of the topic. But it’s not an expanded version of this one. For instance, each article addresses arguments not addressed in the other.] Philosophers generally reject the view that psychological egoism (suitably supplemented with further premises) entails ethical egoism. Their rejections are generally unsatisfying. Some are too brief to win (...) confidence; others employ an uncharitable statement of psychological egoism. This is unfortunate, for the view that psychological egoism entails ethical egoism is philosophically significant (and not without proponents). Although it ultimately deserves rejection, it warrants better treatment than it typically receives. I thus examine it in some detail. Among other things, I carefully consider some original, sophisticated attempts to establish it, having first taken care to produce proper formulations of ethical and psychological egoism. (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)

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)

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)

In response to the attractive moral and politicalmodel of cosmopolitanism, this paper offers anoverview of some of the conceptual limitations to thatmodel arising from computer-mediated, interest-basedsocial interaction. I discuss James Bohman''sdefinition of the global and cosmopolitan spheres andhow computer-mediated communication might impact thedevelopment of those spheres. Additionally, I questionthe commitment to purely rational models of socialcooperation when theorizing a computer-mediated globalpublic sphere, exploring recent alternatives. Andfinally, I discuss a few of the political andepistemic constraints on participation in thecomputer-mediated public sphere (...) that threaten thecosmopolitan ideal.``Nature should be thanked for fostering socialincompatibility, enviously competitive vanity, andinsatiable desires for possessions and even power.Without these desires, all man''s excellent naturalcapacities would never be roused to develop.'''' Theultimate destiny for mankind, according to Kant whowrote these words in 1784, is to achieve through theuse of reason a `cosmopolitan existence'' or ``thematrix within which all the original capacities of thehuman race may develop.'''' Ironically, however, as Habermas andothers have realized, Kant''s carefully developedvision for `perpetual peace'' among nations and `worldcitizenship'' is now murky even as the electronicallymediated infrastructure of that matrix is rapidlydeveloping. Globalization as a process has intensifiedto the point where a new social, political, andeconomic condition has taken hold in the global arena.Recently this condition has been termed ``globality'''' –a term denoting a networked world characterized byspeed, mobility, risk, insecurity, andflexibility. And a debate is forming around thequestion of whether we are still in late modernity andexperiencing the culmination of modernity''s inherentlyglobalizing tendency or instead we have entered thenetworked age, in which the tension between collectiveand transformative identities and the networking logicof dominant institutions and organizations heralds theend of civil society. Inthis paper assume the latter but wish to explorefurther the political and epistemic constraints onparticipation in the computer-mediated public sphere.These constraints seem certain to impact the viabilityof a cosmopolitan public sphere. In the first sectionI shall discuss James Bohman''s definition of theglobal and cosmopolitan spheres and howcomputer-mediated communication (hereafter CMC) mightimpact the development of those spheres. In the secondsection, I question the commitment to purely rationalmodels of social cooperation when theorizing a globalpublic sphere. I explore recently proposed alternativeways of thinking about this issue in section three.And finally, I discuss a few of the political andepistemic constraints on participation in thecomputer-mediated public sphere that threaten thecosmopolitan ideal. (shrink)

The aim of this paper is to critically inquire into some of the interpretations of what appears to me to be the core of Hobbes's political philosophy: his concept of political obligation. And in so doing I will provide a new way of reading the problem of obedience in Hobbes, one that does not dismiss the limits of political obligation and the theological context that surrounds it.

Hume is rightly credited with giving a brilliant, and perhaps the best, account of justice as convention. Hume's importance as a forerunner of modern economics has also long been recognized. However, most of Hume's readers have not fully appreciated how closely Hume's analysis of convention foreshadows a particular branch of economic theory, namely, game theory. Starting with the work of Barry, Runciman and Sen and Lewis, there has been a flowering of literature on the informal game-theoretic insights to be found (...) in classics of political philosophy such as Hobbes, Locke, Hume and Rousseau. A number of authors in this tradition, including Lewis, Gauthier, Mackie, and Postema, have identified passages in Hume which they interpret as giving informal examples of specific games. Yet, unlike his predecessors, Hobbes and Locke, Hume does much more than present examples which have a game-theoretic structure. In his account of convention, Hume gives general conditions which characterize the resolution of social interaction problems, and in the examples he uses to illustrate this account, Hume outlines several different methods by which agents can arrive at such a resolution. Hume's general account of convention and his explanations of the origins of particular conventions together constitute a theory of strategic interaction, which is precisely what game theory aspires to be. (shrink)

(2013). Hobbes's Account of Distributive Justice as Equity. British Journal for the History of Philosophy: Vol. 21, No. 1, pp. 13-33. doi: 10.1080/09608788.2012.689749.

Die Idee, dass vor allem monetäre Anreize das Verhalten von Wirtschaftsakteuren in gewünschte Richtungen lenken und sogar dabei helfen können, durch Leistungssteigerung zusätzliche Wohlfahrtseffekte zu generieren, spielt in der politischen Ökonomie seit ihren Anfängen eine zentrale Rolle. Es spricht sogar einiges dafür, dass dieser Gedanke das verbindende Glied der Ökonomik als Gesellschaftstheorie im Gegensatz zu anderen gesellschaftstheoretischen Entwürfen ausmacht. Dennoch halte ich dieses Anreizargument aus normativer Perspektive für unterentwickelt, wie ich in Auseinandersetzung mit der Ökonomischen Ethik bzw. Ordnungsethik nach Karl (...) Homann und der Integrativen Wirtschaftsethik zeigen möchte. Weder gelingt es der Ordnungsethik nach Karl Homann, die Bedeutung von Anreizstrukturen hinreichend zu begründen, obwohl sie in Ansätzen wichtige Argumente formuliert. Noch gelingt es der Integrativen Wirtschaftsethik, die zentrale Rolle von Anreizstrukturen für die normative Theoriebildung überzeugend zurückzuweisen. Mir geht es nicht darum, den einen oder anderen wirtschaftsethischen Ansatz grundsätzlich zurückzuweisen, sondern vielmehr, auf Lücken in der Argumentation und sich daraus ergebende Forschungsfragen hinzuweisen. Vor diesem Hintergrund könnte es helfen, einen verwandten Diskurs aus der gegenwärtigen Gerechtigkeitstheorie in die Überlegungen mit einzubeziehen. Denn die grundlegende Idee der ökonomischen Gesellschaftstheorie einer Wohlfahrtssteigerung durch die gezielte Manipulation von Anreizstrukturen hat auch in der gegenwärtigen Gerechtigkeitstheorie ihre Wirkung entfaltet. In seiner Theorie der Gerechtigkeit hat John Rawls argumentiert, dass selbst Egalitaristen bestimmte Einkommensunterschiede zulassen müssen, wenn dadurch für Leistungsträgerinnen solche Anreize gesetzt werden, die gleichzeitig auch den Schlechtestgestellten zum Vorteil gereichen. Diese Argumentation ist von Gerald Cohen einer harschen Kritik ausgesetzt worden. Cohen behauptet, dass Rawls mit diesem Anreizargument seinen eigenen Egalitarismus unterläuft. Ich glaube, dass diese philosophische Diskussion des Anreizargumentes in der Gerechtigkeitstheorie für wirtschaftsethische Überlegungen relevant ist, obwohl sie innerhalb eines idealtheoretischen und egalitaristischen Bezugsrahmens geführt wird. Für diese Relevanz werde ich in vier Abschnitten argumentieren. In einem ersten Teil werde ich die Positionen der Ökonomischen Ethik von Karl Homann und der Integrativen Wirtschaftsethik von Peter Ulrich zur Rolle von Anreizen einführen und darlegen, warum ich beide Ansätze für normativ unterbestimmt halte. In einem zweiten Teil werde ich kurz die Argumentation von John Rawls und ausführlicher die Kritik von Gerald Cohen an dieser Position vorstellen. In einem dritten Teil werde ich einige Einwände gegen Cohen formulieren und die Notwendigkeit einer nichtidealen Theorie der Gerechtigkeit betonen. In einem vierten und abschließenden Teil werde ich vorschlagen, einen Teil der Wirtschaftsethik als nichtideale Gerechtigkeitstheorie zu verstehen und aus dieser Perspektive nur kurz andeuten, welche systematische Rolle dem Anreizargument zukommt. (shrink)

The current philosophical debate on just international trade has moved away from purely idealistic theorizing into the direction of non-ideal theory. At the same time most philosophical thought on just trade is still rather idealistic and the main argument of the paper is that some philosophical reasoning about international trade justice should be more realistic. The paper develops in three steps. In a first step I will give a short overview over normative questions that arise with respect to international trade. (...) I will then highlight a proposal brought forward by Leif Wenar, because he is aware of the realist challenge and tries to counter it. In a second step I will discuss why it is important to integrate a realist perspective into philosophical considerations of international trade justice. Trade agreements are embedded in political contexts that influence the normative perspective one should take on trade justice. This leads to the third part of the article, where I will explore how a realist approach can go along with more idealistic perspectives, which leads to a weakly realist perspective on trade justice. (shrink)

In a recent article, McClennen (2012) defends an alternative bargaining theory in response to his criticisms of the standard Nash bargaining solution as a principle of distributive justice in the context of the social contract. McClennen rejects the orthodox concept of expected individual utility maximizing behavior that underlies the Nash bargaining model in favor of what he calls full rationality, and McClennen’s full cooperation bargaining theory demands that agents select the most egalitarian strictly Pareto-optimal distributional outcome that is strictly Pareto-superior (...) to the state of nature. I argue that McClennen’s full cooperators are best described as reasonable agents whose rationality is constrained by moral considerations and that McClennen’s bargaining theory is moralized in this regard. If, by contrast, the orthodox concept of rationality is assumed and plausible assumptions are made about human nature and social cooperation, then a modified version of the standard Nash bargaining solution, which I call the stabilized Nash bargaining solution (Moehler 2010), is justified. From the perspective of rational agents, the stabilized Nash bargaining solution can accommodate McClennen’s criticisms of the standard Nash bargaining solution in the context of the social contract and, for such agents, it can serve as a principle of distributive justice in deeply morally pluralistic societies. (shrink)

Thomas Hobbes tells us that he wrote Leviathan to “absolve the divine laws” of the charge that they justify rebellion. This article interprets the argumentative strategy of the second half of Leviathan in light of this intention. Over the course of his three major political works, Hobbes develops a convergent argument to absolve God’s laws. This strategy of judicial rhetoric relies on using multiple independent claims in the hope that one’s audience finds at least one of them persuasive. This was (...) a risky strategy for Hobbes that angered his critics. The strategy also reveals something about what sort of philosopher Hobbes was and how we ought to approach his work. (shrink)

The objection Hobbes raises in the voice of the Fool against his own argument is, apparently, that it is sometimes rational to break covenant. Hobbes's answer is puzzling, both because it seems implausible and also because it seems at odds with some of his own views. This article reviews several strategies critics have taken in trying to show that Hobbes's answer is more plausible than it seems and one attempt to show that the Fool's objection concerns the action of breaking (...) covenant only indirectly. (shrink)

Since the late 1960s Quentin Skinner has defended a highly influential form of linguistic contextualism for the history of ideas, originally devised in opposition to established methodological orthodoxies like the `great text' tradition and a mainly Marxist epiphenomenalism. In 2002, he published Regarding Method, a collection of his revised methodological essays that provides a uniquely systematic expression of his contextualist philosophy of history. Skinner's most arresting theoretical contention in that work remains his well-known claim that past works of political theory (...) cannot be read as contributions to `perennial' debates but must instead be understood as particularistic, ideological speech acts. In this article I argue that he fails to justify these claims and that there is actually nothing wrong at all with (where appropriate) treating past works of political theory as engaged in perennial philosophical debates. Not only do Skinner's arguments not support the form of contextualism he defends, their flaws are actually akin to those he identified in his critique of previous methodological orthodoxies. (shrink)

The prisoner 's dilemma game has acquired large literatures in several disciplines. It is surprising, therefore, that a good definition of the game is hard to find. Typically an author relates a story about captured criminals or military rivals, provides a particular payoff matrix and asserts that the PD is characterized, or illustrated, by that matrix. In the few cases in which characterizing conditions are given, the conditions, and the motivations for them, do not always agree with each other or (...) with the paradigm examples elsewhere. In this paper we describe several varieties of PD's. In particular, we suggest there are two distinctions among PD's with philosophical significance, the pure/impure and the utilitarian/nonutilitarian distinctions. In the first section, we explain and characterize the two distinctions. In the second, we discuss an issue of moral philosophy that illustrates the significance of the former. (shrink)

This paper argues that throughout his intellectual career, Hobbes remains unsatisfied with his own attempts at proving the invariant advisability of contract-keeping. Not only does he see himself forced to abandon his early idea that contractual obligation is a matter of physical laws. He also develops and retains doubts concerning its theoretical successor, the doctrine that the obligatoriness characteristic of contracts is the interest in self-preservation in alliance with instrumental reason - i.e. prudence. In fact, it is during his work (...) on Leviathan that Hobbes notes the doctrine's main shortcoming, namely the limitation of its dialectical potential to cases in which contract-breakers are publicly identifiable. This essay shows Hobbes's doubts about his Leviathan's treatment of contractual obligation by way of a close reading of its central 15 th chapter and an analysis of some revealing shifts between the English Leviathan and the Latin edition. The paper ends by suggesting that Hobbes's awareness of the flaws at the heart of his political philosophy helps account for some striking changes in his latest writings. (shrink)

It is commonplace to suppose that the theory of individual rational choice is considerably less problematic than the theory of collective rational choice. In particular, it is often assumed by philosophers, economists, and other social scientists that an individual's choices among outcomes accurately reflect that individual's underlying preferences or values. Further, it is now well known that if an individual's choices among outcomes satisfy certain plausible axioms of rationality or consistency, that individual's choice-behavior can be interpreted as maximizing expected utility (...) on a utility scale that is unique up to a linear transformation. Hence, there is, in principle, an empirically respectable method of measuring individuals' values and a single unified schema for explaining their actions as value maximizing. (shrink)

Game theory has proven useful in clarifying Hobbes’s argument that the state of nature will inevitably devolve into a state of war. Mathematically-leaning philosophers, however, have paid little attention to Rousseau’s depiction of the state of nature as a peaceful, asocial state of solitary wanderers. This paper articulates Rousseau’s critique of Hobbes in formal terms, which pinpoints two crucial issues in Hobbes’s account: the lack of an exit option and an unrealistic depiction of human nature. Building upon recent game-theoretic treatments (...) of Hobbes, we first construct a model that incorporates Rousseau’s criticisms by permitting an exit option and endogenizing human preferences and capacities. Second, we draw out the implications of Rousseau’s analysis for the question of political authority, which cannot be answered, as Hobbes believed, by invoking a hypothetical state of nature. (shrink)

I argue that desire satisfaction theories of welfare are not committed to the view that changes in welfare levels can happen after death, or that events that occur after death impact the agent's welfare levels now. My argument is that events that occur after death have only epistemological import. They may reveal that the person was successful (unsuccessful) in life, but the desire was already frustrated or satisfied before the person died. The virtue of the account is that it gives (...) us a way to acknowledge both the intuition that we cannot be harmed after we die and, in a sense, the intuition that things that happen after we die are relevant to our lives. (shrink)

The importance of Pyrrhonism to Hobbes's political philosophy is much greater than has been recognized. He seems to have used Pyrrhonist arguments to support a doctrine of moral relativity, but he was not a sceptic in the Pyrrhonist sense. These arguments helped him to develop his teaching that there is no absolute good or evil; to minimise the purchase of natural law in the state of nature and its restrictions on the right of nature; virtually to collapse natural law into (...) civil law; and to make the sovereign the political, moral and theological epicenter of his political system. (shrink)

I first argue against Peter Singer's exciting thesis that the Prisoner's Dilemma explains why there could be an evolutionary advantage in making reciprocal exchanges that are ultimately motivated by genuine altruism over making such exchanges on the basis of enlightened long-term self-interest. I then show that an alternative to Singer's thesis — one that is also meant to corroborate the view that natural selection favors genuine altruism, recently defended by Gregory Kavka, fails as well. Finally, I show that even granting (...) Singer's and Kavka's claim about the selective advantage of altruism proper, it is doubtful whether that type of claim can be used in a particular sort of sociobiological argument against psychological egoism. (shrink)

This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it (...) was important to establish the sovereign's right to punish apart from the sovereign's power to punish. (shrink)

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

Lorenzo Sacconi's recent re-statement of his social contract account of business ethics is a major contribution to our understanding of the normative nature of CSR as the expression of a fair multi-party agreement supported by the economic rationality of each participant. However, at one crucial point in his theory, Sacconi introduces the concept of stakeholders' conformist preferences - their disposition to punish the firm if it defects from the agreement, refusing to abide by its own explicit CSR policies and norms. (...) We take issue with him over this concept: we show that the assumption of conformist preferences is a moral premise, and it arguably weakens the normativity of the theory as a whole. As an alternative, we propose an evolutionary game theoretic approach. We draw upon recent applications of evolutionary game theory to moral philosophy , and we use a computer simulation of the trust game. According to this approach, the failure of the logic of reputation, which is the problem conformist preferences were introduced to solve, is overcome through the dynamics of interaction. (shrink)

Lorenzo Sacconi's recent re-statement of his social contract account of business ethics is a major contribution to our understanding of the normative nature of CSR as the expression of a fair multi-party agreement supported by the economic rationality of each participant. However, at one crucial point in his theory, Sacconi introduces the concept of stakeholders' conformist preferences - their disposition to punish the firm if it defects from the agreement, refusing to abide by its own explicit CSR policies and norms. (...) We take issue with him over this concept: we show that the assumption of conformist preferences is a moral premise, and it arguably weakens the normativity of the theory as a whole. As an alternative, we propose an evolutionary game theoretic approach. We draw upon recent applications of evolutionary game theory to moral philosophy (Skyrms, Danielson), and we use a computer simulation of the trust game. According to this approach, the failure of the logic of reputation, which is the problem conformist preferences were introduced to solve, is overcome through the dynamics of interaction. (shrink)

Lorenzo Sacconi's The Social Contract of the Firm (Berlin, Springer, 2000) is a major contribution to the normative theory of the firm. It contains a full-fledged contractarian explanation of the role of Corporate Codes of Ethics. Sacconi proposes a game-theoretical model of the normative structure of the firm, including explicit and implicit contracts binding the members of the organisation, and the so-called constitutional contract: the hypothetical agreement that sets the basic co-operative structure in which the organisation consists. While Sacconi's theory (...) is sound and full of suggestions, it is doubtful whether it completely grasps the nature of organisational ethics. In presenting organisations as the product of an agreement among self-interested individuals, the model does not account for the social and systemic embeddedness of business institutions. This paper points to several shortcomings of Sacconi's view, and explores alternative understandings of a contractarian morality as applied to business ethics. (shrink)

ABSTRACT Many prominent legal philosophers believe that law makes some type of moral claim in virtue of its nature. Although the law is not an intelligent agent, the attribution of a claim to law does not need to be as mysterious as some theorists believe. It means that law-making and law- applying acts are intelligible only in the light of a certain presupposition, even if a lawmaker or a law-applier subjectively disbelieves the content of that presupposition. In this paper, I (...) aim to clarify what type of moral claim would be suitable for law if law were to make a claim to be morally justified. I then argue that legal practice is perfectly intelligible without moral presuppositions - that is, that the law does not necessarily make moral claims. RESUMO Muitos filósofos do direito proeminentes acreditam que o direito levanta algum tipo de pretensão moral em virtude de sua natureza. Embora o direito não seja um agente inteligente, a atribuição de uma pretensão ao direito não precisa ser tão misteriosa como alguns teóricos acreditam que seja. Significa que atos pelos quais fazemos e aplicamos leis são inteligíveis apenas à luz de uma certa pressuposição, mesmo se um legislador ou um aplicador do direito não acreditar subjetivamente no conteúdo dessa pressuposição. Neste artigo, eu busco esclarecer que tipo de pretensão moral seria adequada ao direito se o direito levantasse a pretensão de ser moralmente justificado. Eu então argumento que a prática jurídica é perfeitamente inteligível sem pressuposições morais - isto é, que não é necessário que o direito levante pretensões morais. (shrink)

The options that people face are rarely ideal: they are good in some ways and poor in others. People have problems choosing among such options because they don’t know which ends to favor. Multiple objectives pose a problem not only for decision makers, but also for our account of decision making. People act to achieve their ends given their beliefs. In order to handle decisions with multiple objectives, however, this story must be supplemented by an account of which ends are (...) implicated in which decisions (e.g., do individual goals guide particular choices? do different ends jointly pick out courses of action?). Unfortunately, such an account is lacking. As a result, there is a gap (at least) in our most basic account of human behavior. In this paper I explore that gap and examine some proposals for closing it. (shrink)

The aim of this paper is to critically review the game-theoretic discussion of Hobbes and to develop a game-theoretic interpretation that gives due attention both to Hobbes's distinction between “moderates” and “dominators” and to what actually initiates conflict in the state of nature, namely, the competition for vital goods. As can be shown, Hobbes's state of nature contains differently structured situations of choice, the game-theoretic representation of which requires the prisoner's dilemma and the assurance game and the so-called assurance dilemma. (...) However, the “state of war” ultimately emerges from situations that cannot be described by any of these games because they represent zero-sum games in which the outcome of mutual cooperation does not exist. (shrink)