Contractarians aim to derive moral principles from the dictates of instrumental rationality alone. But it is well-known that contractarian moral theories struggle to identify normative principles that are both uniquely rational and morally compelling. Michael Moehler's recent book, *Minimal Morality* seeks to avoid these difficulties by developing a novel "two-level" social contract theory, which restricts the scope of contractarian morality to cases of deep and persistent moral disagreement. Yet Moehler remains ambitious, arguing that a restricted version of Kant's categorical imperative (...) is a uniquely rational principle of conflict resolution. We develop a formal model of Moehler's informal game-theoretic argument, which reconstructs a valid argument for Moehler's conclusion. This model, in turn, enables us to expose how a successful argument for Moehler's contractarian principle rests on assumptions that can only be justified by subtle yet significant departures from the standard conception of rationality. We thus extend our understanding of familiar contractarian difficulties by showing how they arise even if we restrict the scope of contractarian morality to a domain where its application seems both promising and necessary. We show that the problem lies not in contractarians' immodest ambitions but in the modest resources rationality can offer to satisfy them. (shrink)

Explains the concept and conceptions of public justification found in the philosophy and political theory literatures.

The topic of moral diversity is not only prevalent in contemporary moral and political philosophy, it is also practically relevant. Moral diversity, however, poses a significant challenge for moral theory building. John Thrasher, in his discussion of public reason theory, which includes social contract theory, argues that if one seriously considers the goal of moral constructivism and considerations of representation and stability, then moral diversity poses an insurmountable problem for most public reason theories. I agree with Thrasher that moral diversity (...) poses a significant challenge for orthodox multistage social contract theories. In fact, I even add a further problem for such theories under the assumption of deep moral diversity. Nevertheless, I argue that my recently developed multilevel social contract theory overcomes these problems. I focus on some of the underexplored features of this theory to show that multilevel social contract theory offers one conceptually coherent and plausible way to render social contract theory viable and relevant for modern diverse societies. (shrink)

Game theory is the systematic study of interdependent rational choice. It should be distinguished from decision theory, the systematic study of individual (practical and epistemic) choice in parametric contexts (i.e., where the agent is choosing or deliberating independently of other agents). Decision theory has several applications to ethics (see Dreier 2004; Mele and Rawlings 2004). Game theory may be used to explain, to predict, and to evaluate human behavior in contexts where the outcome of action depends on what several agents (...) choose to do and where their choices depend on what others choose to do. (See the entry on game theory) Game theory consequently is relevant to ethics, and it is used in moral and political philosophy in a variety of ways. We shall concentrate on the influence and use of game theory in ethics and those parts of political theory involving norms or principles of justice, ignoring questions about political and legal institutions on the one hand and questions about issues dealing with moral virtues on the other. (shrink)

Critics allege that justice as mutual advantage excludes vulnerable people and is thus inadequate as a conception of justice. Building on Peter Vanderschraaf’s Strategic Justice, this paper considers three distinct vulnerability objections. After Sect. 1 clarifies the “vulnerable,” Sect. 2 discusses an objection according to which it is impossible for a mutual advantage view to protect the vulnerable. Answering this objection only requires a possibility proof, such as that Vanderschraaf provides. Section 3 discusses an objection according to which it is (...) merely contingent whether, not guaranteed that, a mutual advantage view protects the vulnerable. Mutual advantage theorists indeed cannot provide such guarantees, so they must argue that such guarantees are too much to demand from a conception of justice. Section 4 discusses an objection according to which it is improbable that a mutual advantage view will protect the vulnerable. Addressing this concern opens paths for future fruitful research, including considering the conditions that make including the vulnerable more or less likely as well as the conditions that facilitate cooperative ability or create vulnerability. Section 5 builds on the foregoing by emphasizing the diversity of vulnerabilities along with the broader social contract tradition’s diversity of strategies for addressing vulnerability. (shrink)

Michael Moehler’s Minimal Morality: A Multilevel Social Contract Theory makes important contributions to the social contract tradition, particularly in exploring how social contract theories can address challenges that arise from deep moral pluralism. Fundamentally, the work provides a multilevel account of morality, though simplified for presentation as a two-level view of morality. These two levels of morality differ significantly in their form and in their contexts of applicability. One level is that of ‘traditional morality’, involving a rich set of practices, (...) motivations and shared values common to many mainstream moral theories. For instance, John Rawls provides a version of traditional morality in the form of principles of justice grounded in a shared conception of society as a system of cooperation between free and equal citizens motivated by a sense of justice. The second level is that of ‘minimal morality’, for which the book is named. Minimal morality is grounded in purely prudential and instrumental reasoning, and thus does not rely upon any special moral commitments or motivations. This latter level of morality, Moehler argues, is particularly important for societies possessing extremely deep moral pluralism rather than the moral consensus necessary for traditional moral. (shrink)

The practical phenomenon of moral diversity is a central feature of many contemporary societies and poses a distinct problem to moral theory building. Because of its goal to settle the moral question fully and exclusively and/or to provide better understanding of moral disagreement, traditional first-order moral theory often does not provide sufficient guidance to address this phenomenon and moral agency in deeply morally diverse societies. In this article, I move beyond traditional first-order moral theorizing and, based on multilevel social contract (...) theory (Moehler 2018, 2020a), develop a practically sound notion of moral agency for morally diverse societies. The interrelational and dynamic notion of integrated moral agency developed in this article demands that agents actively exercise their rational and affective capacities, are receptive to the capacities of others, and are aware of the type of moral interaction in which they engage with others. The notion of integrated moral agency helps agents to reconcile conflicting first-order moral directives and to maximally protect agents’ autonomy in morally diverse societies. (shrink)

This paper provides a new argument for the relevance of empirical research to moral and political philosophy and a novel defense of the positive program in experimental philosophy. The argument centers on the idea that normative concepts used in moral and political philosophy can be evaluated in terms of their fruitfulness in solving practical problems. Empirical research conducted with an eye to the practical problems that are relevant to particular concepts can provide evidence of their fruitfulness along a number of (...) dimensions. An upshot of the argument is that philosophers should not only engage with but must also be involved in conducting experimental studies that examine the practical roles that normative concepts can play. Rather than just clearing the way for philosophical work to be done, the argument has the further implication that empirical research will be required to advance at least some important debates in moral and political philosophy. (shrink)

Social contract theorists often take the ideal contract to be the agreement or bargain individuals would make in some privileged choice situation. Recently, experimental philosophers have explored this kind of decision-making in the lab. One rather robust finding is that the exact circumstances of choice significantly affect the kinds of social arrangements experimental subjects unanimously endorse. Yet prior work has largely ignored the question of which of the many competing descriptions of the original position subjects find most compelling. This paper (...) aims to address this gap, exploring how attractive experimental subjects find various characterizations of these circumstances of choice. We find evidence suggesting that no one choice situation can fulfill the role that social contract theorists have hoped it would play. We also find that, contrary to what some prominent social contract theorists have expected, there is no robust relationship between an individual’s ranking of distributive principles and their ranking of various descriptions of the original position. In conclusion, we discuss the broader implications of these results for political philosophy. (shrink)

Recently, philosophers have investigated the emergence and evolution of the social contract. Yet extant work is limited as it focuses on the use of simple behavioral norms in rather rigid strategic settings. Drawing on axiomatic bargaining theory, we explore the dynamics of more sophisticated norms capable of guiding behavior in a wide range of scenarios. Overall, our investigation suggests the utilitarian bargaining solution has a privileged status as it has certain stability properties other social arrangements lack.

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining solution, the (...) baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Should the norms of honor cultures be classified as a variety of morality? In this paper, we address this question by considering various empirical bases on which norms can be taxonomically organised. This question is of interest both as an exercise in philosophy of social science, and for its potential implications in meta-ethical debates. Using recent data from anthropology and evolutionary game theory, we argue that the most productive classification emphasizes the strategic role that moral norms play in generating assurance (...) and stabilizing cooperation. Because honor norms have a similar functional role, this account entails honor norms are indeed a variety of moral norm. We also propose an explanation of why honor norms occur in a relatively unified, phenotypically distinctive cluster, thereby explaining why it is tempting to regard them as taxonomically distinct. (shrink)

Volume 31, Issue 1, December 2020, Page 47-66.

This work aligns James Buchanan’s theory of social contract with the structure of Michael Moehler’s multilevel social contract. Most importantly, this work develops Buchanan’s notions of moral community and moral order. It identifies moral community as the vehicle of escape from moral anarchy, where community is established upon a system of rules akin to James Buchanan’s first-stage social contract. Moral order establishes the baseline treatment of non-members by members of a moral community and also provides a minimum standard for resolving (...) disputes that are not resolved by the more robust social contract shared among community members. This work links the multilevel contract to polycentric social order, noting that polycentric systems may promote development of the moral order by enabling experimentation with and emulation of rules and rule systems made available by overlapping and adjacent institutions. (shrink)

Peter Vanderschraaf’s Strategic Justice provides a defense of the egalitarian bargaining solution. Vanderschraaf’s discussion of the egalitarian solution invokes three arguments typically given to support the Nash bargaining solution. Overall, we reinforce Vanderschraaf’s criticism of arguments in favor of the Nash solution and point to potential weaknesses in Vanderschraaf’s positive case for the egalitarian solution.