This paper presents a series of arguments aimed at showing that, for an important subclass of social rules—non‐summary rules—no adequate metaphysical account has been given, and it tentatively suggests that no such account can be given. The category of non‐summary rules is an important one, as it includes the rules of etiquette, fashion, chess, basketball, California state law, descriptive English grammar, and so on. This paper begins with behavioristic accounts of the conditions for the existence of such rules, and proceeds (...) through progressively more complex accounts, all the way to what are labeled ‘normative attitude accounts,’ which are prima facie plausible and particularly popular. In each case it is argued that the type of account under consideration cannot explain the existence of the relevant type of social rule. (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)

What I call "strategic injustice" involves a set of formal and informal regulatory rules and conventions that often lead to grossly unfair outcomes for a class of individuals despite their resistance. My goal in this paper is to provide the necessary conditions for such injustices and for eliminating their instances from our social practices. To do so, I follow Peter Vanderschraaf's analysis of circumstances of justice and expand his account by embedding "asymmetric conflictual coordination games" that summarize fair division problems (...) in a dynamic social network. I use the network effect on such coordination games to explain the emergence of stable exploitative behavior and conventions by a class of individuals even in the presence of restraining efforts by others. I conclude that such unfair conventions are resilient to uncoordinated individual actions and interventions. In fact, maintaining a rough equality itself turns into another coordination problem. Finally, I show that something similar to a social movement that restructures the network of social relations is necessary to solve such coordination problems. (shrink)

Michael Huemer argues that cross-cultural convergence toward liberal moral values is evidence of objective moral progress, and by extension, evidence for moral realism. Nathan Cofnas claims to debunk Huemer’s argument by contending that convergence toward liberal moral values can be better explained by ‘two related non-truth-tracking processes’: self-interest and its long-term tendency to result in social conditions conducive to greater empathy. This article argues that although Cofnas successfully debunks Huemer’s convergence argument for one influential form of moral realism – Robust (...) Moral Realism, which holds that moral facts are non-natural, stance-independent normative facts – Cofnas’s debunking argument broadly supports a second type of moral realism: Enlightened Self-Interest Realism, the view that moral facts are reducible to stance-dependent requirements of instrumental (‘means-end’) rationality. Finally, this article argues that insofar as different Enlightened Self-Interest Realist theories make specific predictions about the intra- and inter-personal mechanisms behind moral convergence toward liberalism, empirical observations of cross-cultural convergence can provide independent support for Enlightened Self-Interest Realism. I conclude that this is an important mark in favor of Enlightened Self-Interest Realism over Robust Moral Realism. (shrink)

Modeling and computer simulations, we claim, should be considered core philosophical methods. More precisely, we will defend two theses. First, philosophers should use simulations for many of the same reasons we currently use thought experiments. In fact, simulations are superior to thought experiments in achieving some philosophical goals. Second, devising and coding computational models instill good philosophical habits of mind. Throughout the paper, we respond to the often implicit objection that computer modeling is “not philosophical.”.

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)

Conventions and leaders are believed to be the two pillars of justice and order in society. This paper evaluates this proposition and draws attention to two intriguing ways in which these pillars can malfunction. The argument is constructed by creating two new games, Greta’s Dilemma and the Incarceration Game. An awareness of these problems can help us use our ‘moral intention’ to reexamine our own collective behavior and to design prior conventions, which limit the power of the leader.

Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline (...) Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)

In explaining the emergence of conventions surrounding human cooperation and helping of those in need, it seems as though honest communication of need is an essential part of the story. While previous results indicate that punishment promotes cooperation, this paper will argue that the story is more complicated. Namely, whether punishment promotes cooperation depends on what you punish. Punishment of those who lie about their need for a resource may instead impede cooperation, as the attempts to deceive that arise in (...) cooperative endeavors may be too costly to make cooperation worthwhile. (shrink)

Justice as mutual advantage appears to show inadequate concern for those that are insufficiently useful to others, implying that those that are most in need of the protections of justice fall outside the scope of justice as mutual advantage. Vanderschraaf offers a novel reply to this objection. He presents a game–the Indefinitely Repeated Provider-Recipient Game–which establishes that in some situations justice as mutual advantage can show concern for the vulnerable. This finding, however, does not match the problem raised by the (...) vulnerability objection, for the objection says that in all relevant situations, justice requires equal basic concern for all–vulnerable and non-vulnerable alike. (shrink)

In Strategic Justice, Peter Vanderschraaf introduces a “Baseline Consistency” criterion for Justice as Mutual Advantage. This criterion requires assessing how well individuals fare under existing conventions with how well they would fare under hypothetical social conditions. However, this comparison requires the impossible. Under different social conditions, individuals would have different preferences and different interests. As such, we cannot make any direct comparison between how well an individual fares across the two social conditions. The standard of assessment would change from one (...) context to the other. In order to apply the Baseline Consistency criterion, Vanderschraaf would need to justify an interpersonally valid standard for individual welfare, but this is incompatible with his Neo-Hobbesian method. If he abandoned the Baseline Consistency criterion, however, Vanderschraaf faces the “too many equilibria” problem. Conventions that are clearly objectionable would be considered just. (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)

The most recent major contribution to the literature on justice as mutual advantage is Peter Vanderschraaf’s book Strategic Justice. In this book, he develops a theory of justice as convention, where justice is those principles that rational, self-interested agents would choose to solve problems of partially conflicting interest. His theory is thus a kind of theory of justice as mutual advantage. A common criticism of theories of justice as mutual advantage is the Vulnerability Objection: if the principles of justice require (...) that resources are only shared with those that are net-contributors to a cooperative surplus, then those that are not net-contributors to that cooperative surplus (so-called vulnerable people) have no claim of justice to any share of the resources. But, the objection states, surely justice cannot exclude people simply because they are vulnerable. Vanderschraaf argues that his theory of justice as convention successfully answers the Vulnerability Objection. However, in this paper, I argue that although Vanderschraaf’s theory successfully demonstrates that it can be to the mutual advantage of rational, self-interested people to agree to share equally even when some people contribute more than others, the problem remains of why such people would share with those that can never contribute more to the cooperative surplus than what they would withdraw from it. Vanderschraaf’s solution is to weaken the requirement that people actually contribute. But that, I argue, undermines the claim that his theory is a theory of justice as mutual advantage. (shrink)

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)