Contracts are common, and some influential thinkers in the “modern” period of philosophy argued that the whole of society is created and regulated by a contract. Two of the most prominent “social contract theorists” are Thomas Hobbes (1588-1679) and John Locke (1632-1704).[2] This essay explains the origins of this tradition and why the concept of a contract is illuminating for thinking about the structure of society and government.

Some theorists have developed formal approaches to truth that depend on counterexamples to the structural rules of contraction. Here, we study such approaches, with an eye to helping them respond to a certain kind of objection. We define a contractive relative of each noncontractive relation, for use in responding to the objection in question, and we explore one example: the contractive relative of multiplicative-additive affine logic with transparent truth, or MAALT. -/- .

Some feminists hold that surrogacy contracts should be unenforceable or illegal because they contribute to and perpetuate unjust gender inequalities. I argue that in developed countries, surrogacy contracts either wouldn't have these negative effects or that these effects could be mitigated via regulation. Furthermore, the existence of a regulated surrogacy market is preferable on consequentialist grounds.

An important question for proponents of non-contractive approaches to paradox is why contraction fails. Zardini offers an answer, namely that paradoxical sentences exhibit a kind of instability. I elaborate this idea using revision theory, and I argue that while instability does motivate failures of contraction, it equally motivates failure of many principles that non-contractive theorists want to maintain.

Academic integrity is an essential pillar of any educational system. It is defined as acting in a manner consistent with the values and accepted standards of ethical practices in teaching, learning, and scholarship (Fishman, 2015). Contract cheating, or ghostwriting, is currently one of the most severe violations of academic integrity. It involves students engaging a third party, usually an online essay writing service, to complete their academic works on their behalf (Draper et al., 2021). Some of these services offer (...) pre-written essays, whereas others offer bespoke custom-written essays. According to the academic literature, the advent of the internet and digital technologies underlay this rapid deterioration of academic integrity (Ison, 2020; Lancaster & Clarke, 2014). Different learning environments, such as face-to-face (i.e., a learning environment involving the physical presence of both instructor and students) and online web-based (i.e., teaching mode that takes place partially or entirely over the internet), have been shown to affect academic integrity in different ways (Eshet et al., 2021). While contract cheating is common in both conventional face-to-face (F2F) and online settings, it is more likely to take place in the latter (Lancaster & Clarke, 2014; Slade et al., 2018). There are several possible explanations for why online students engage in contract cheating more often than F2F students. In particular, this includes the problem issue of psychological distance, which adversely affects interpersonal relationships; and the problem issue of moral distancing, because the internet can obscure the line between academically honest and dishonest behavior (Sharma & Maleyeff, 2003). These issues were further exacerbated by the sudden shift from F2F to emergency remote teaching (ERT) in response to the COVID-19 pandemic (Ahsan et al., 2021; Bjelobaba, 2021). Indeed, contract cheating had become a significant COVID-19 side effect for higher education institutions. In contrast to the well-planned F2F or online learning courses, ERTbased courses are not originally designed to be delivered virtually (Fatonia et al., 2020). The chaos brought by the abrupt campus closure and related unexpected transition to ERT provided both the opportunity and the incentive for contract cheating (Hill et al., 2021). Through social media, students have very quickly become fully aware of the possibilities of a wide variety of options to carry out Plagiarism (Bautista et al., 2022). There has been an increase in ways to try to bypass text-matching or text-reuse (i.e., plagiarism) detection systems, for example using micro-spaces, white ink, punctuation, and typos (Abdelhamid et al., 2022). Even though ghostwriters, especially commercial ones, claim their essays are original and therefore cannot be detected using text-matching software, third-party assignments may still contain recycled text (Aitken et al., 2017; Newton & Lang, 2015). Text matching detection software could use these breaches to identify outsourced academic work (Lancaster & Clarke, 2016; Wang & Xu, 2021). This study compared about four thousand term papers written in languages other than Hebrew. (shrink)

What can we, as a society, legitimately expect from science? And what, if anything, can science legitimately expect from society? This paper argues that the relationship between science and society is governed by a science contract. I first introduce the notion of an expertise contract—a social contract that governs the relationship between experts and non-experts, bestows on experts certain fiduciary duties towards non-experts, and enables the division of epistemic labor in society. I then argue that the science (...) contract cannot be simply identified with the expertise contract as it applies to scientific experts but requires at least two modifications in order to reflect the global nature of science and the role of scientists as researchers. I conclude with some remarks about public trust in science and a non-ideal theory of the scientific contract. (shrink)

Our main goal is to investigate whether the infinitary rules for the quantifiers endorsed by Elia Zardini in a recent paper are plausible. First, we will argue that they are problematic in several ways, especially due to their infinitary features. Secondly, we will show that even if these worries are somehow dealt with, there is another serious issue with them. They produce a truth-theoretic paradox that does not involve the structural rules of contraction.

The meaning of Lorentz contraction in special relativity and its connection with Bell’s spaceships parable is discussed. The motion of Bell’s spaceships is then compared with the accelerated motion of a rigid body. We have tried to write this in a simple form that could be used to correct students’ misconceptions due to conflicting earlier treatments.

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, (...) here, that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

Influential thinkers such as Young, Sugden, Binmore, and Skyrms have developed game-theoretic accounts of the emergence, persistence and evolution of social contracts. Social contracts are sets of commonly understood rules that govern cooperative social interaction within societies. These naturalistic accounts provide us with valuable and important insights into the foundations of human societies. However, current naturalistic theories focus mainly on how social contracts solve coordination problems in which the interests of the individual participants are aligned, not competition problems in which (...) individual interests compete with group interests. In response, I set out to build on those theories and provide a comprehensive naturalistic account of the emergence, persistence and evolution of social contracts. My central claim is that social contracts have culturally evolved to solve cooperation problems, which include both coordination and competition problems. I argue that solutions to coordination problems emerge from “within-group” dynamics, while solutions to competition problems result largely from “between-group” dynamics. (shrink)

Contract cheating, or students outsourcing their assignments to be completed by others, has emerged as a significant threat to academic integrity in higher education institutions around the world. During the COVID-19, when traditional face-to-face instruction became unsustainable, the number of contract cheating students increased dramatically. Through focus group interviews, this study sought the perspectives of 25 students enrolled in first year writing in a private higher education institution in Kuwait during the pandemic in 2020–2021, on their attitudes towards (...) contract cheating. MAXQDA 2020 was used to examine the data. The participants believe that the primary motivations for engaging in contract cheating are mainly the opportunities presented by online learning and the psychological and physical challenges they experienced during online learning. Those who did not cheat had some shared traits, such as a competitive spirit, confidence in their talents, and a strong desire to learn. Additionally, those with high moral values avoided cheating. To combat contract cheating, students believe that teaching and evaluation techniques should be drastically altered and that students should be educated about plagiarism, while institutions should impose tougher sanctions on repeat offenders. (shrink)

This paper aims to reconstruct traditional social contract theory through the original theoretical framework of Judgemental Philosophy. Whereas existing social contract theories have primarily explained the legitimacy of state and social order centering on concepts such as reason, natural rights, and agreement, this paper applies the core structures of Judgemental Philosophy—the Pre-Judgemental Field (PJF) and the Judgemental Triad (Constructivity, Coherence, Resonance), along with key stages of the "Enhanced Ten-Step Model of Judgemental Philosophy" (particularly S9: Inter-subjective Resonance, S10: Normative (...) Codification & Transmission)—to deeply analyze the fundamental motivations for social contract, its formation process, institutionalization, and the problem of securing ongoing legitimacy. This paper argues that the motivation for social contract originates from a fundamental drive to overcome the 'Indeterminacy' of the PJF and secure stable 'Resonance'; that the formation of the contract is a process of co-constructing meaning through S9's inter-subjective resonance; and that the resulting state is a judgemental structure institutionalized via S10's normative codification. Furthermore, it reveals that the legitimacy of the social contract depends on whether the community can continuously provide its members with meaningful Coherence and Resonance. This approach offers a new structural understanding of social contract theory and will provide an opportunity to extend the explanatory power of Judgemental Philosophy to politico-philosophical discussions. (shrink)

Michel Serres’s proposal to extend the social contract to a natural contract has been met with criticism and misunderstanding. In this article, I would like to respond to common criticisms by reconsidering two central related concepts. It is claimed that we cannot represent nature’s interests and therefore cannot come to an agreement, and thus a contract, with nature. However, I will suggest a way out by reinterpreting representation and agreement. I will start with the problem of representation: (...) nature cannot be represented. Specifically, I will present two counterarguments. The first argument is that political representation is always difficult, even in the case of human beings. Representing nature only seems more difficult because we have forgotten the difficulties associated with representing humans. The second argument aims to rethink representation. Representing nature only seems so hard because we tend to follow a cognitive understanding of representation, as if representation is about representing the ideas of the represented party. Instead, following Michael Saward, I propose an alternative understanding of representation as a game of representative claims and counterclaims: political representation is about claiming to speak on behalf of a referent and then allowing that referent to respond to that claim. Then I turn to the problem of agreement. A natural contract seems difficult because it is hard to imagine what it would mean for nature to agree to a particular proposal. To counter this, I turn to the notion of symbiosis, found in the work of Serres. A natural contract, I will argue, need not be a contract of consensus or synthesis. The alternative is a contract of symbiosis, which does not require all parties to have a common understanding of the situation. Instead, it allows for an agreement in which all parties have their own interests and definition of the situation. In this sense, a natural contract can make sense if it is understood as a contract in which symbiosis is achieved through political representation based on a game of claims and counterclaims. (shrink)

The psychological contract refers to the implicit and subjective beliefs regarding a reciprocal exchange agreement, predominantly examined between employees and employers. While contemporary contract research is investigating a wider range of exchanges employees may hold, such as with team members and clients, it remains silent on a rapidly emerging form of workplace relationship: employees’ increasing engagement with technically, socially, and emotionally sophisticated forms of artificially intelligent (AI) technologies. In this paper we examine social robots (also termed humanoid robots) (...) as likely future psychological contract partners for human employees, given these entities transform notions of workplace technology from being a tool to being an active partner. We first overview the increasing role of robots in the workplace, particularly through the advent of sociable AI, and synthesize the literature on human–robot interaction. We then develop an account of a human-social robot psychological contract and zoom in on the implications of this exchange for the enactment of reciprocity. Given the future focused nature of our work we utilize a thought experiment, a commonly used form of conceptual and mental model reasoning, to expand on our theorizing. We then outline potential implications of human-social robot psychological contracts and offer a range of pathways for future research. (shrink)

In this paper, I explain why people seeking to flourish together fairly in the im- perfect world we share today ought to support a universal carbon tax with no exception for international aviation. The argument proceeds in four steps. First, I provide a free-standing analysis of emissions behavior at the individual moral level. Second, I offer a picture of ideal and non-ideal coordination based mostly on Kantian social contract theory. Third, I argue that in a non-ideal context, moral signals (...) about right relation offer a coordinating fulcrum around which meaningful if only partly coordinated action is possible. Fourth, I apply these conclusions to the case of aviation exceptionalism, focusing especially on instances of incomplete, overlapping, partly coordinated climate actions. I conclude that these arguments together amount to a case for reversing the Chicago Convention and applying a universal carbon tax that does not exclude international flights, ending aviation exceptionalism. (shrink)

The article offers a reinterpretation of Henry Sumner Maine’s famous statement that “the movement of progressive societies has hitherto been a movement from Status to Contract.” It argues that this phrase, often understood simplistically as a linear shift toward a society based on contractual individualism, actually conceals a much more nuanced, historically and politically contextualized line of thought. Rather than describing a universal or teleological process, it refers instead to an evolution specific to certain “Indo-European” societies, in which obligations (...) based on family ties gradually give way to obligations freely consented to between individuals. This change occurs not through a rejection of older forms, but through the gradual transformation of institutions (such as family, property, inheritance, etc.). More specifically, the article aims to show that Ancient Law (1861) can be read as an implicit stance in favor of the rights of married women, who, in Maine’s England, were in the midst of a struggle to be recognized as legal persons independent of their husbands. Through his historical study of Roman and English law, Maine discreetly supports the movement advocating for women’s rights to own property, inherit, and enter into contracts independently—rights that would only become a reality with the Married Women’s Property Acts of 1870 and 1882. (shrink)

: Decisions about funding health services are crucial to controlling costs in health care insurance plans, yet they encounter serious challenges from intellectual property protection—e.g., patents—of health care services. Using Myriad Genetics' commercial genetic susceptibility test for hereditary breast cancer (BRCA testing) in the context of the Canadian health insurance system as a case study, this paper applies concepts from social contract theory to help develop more just and rational approaches to health care decision making. Specifically, Daniels's and Sabin's (...) "accountability for reasonableness" is compared to broader notions of public consultation, demonstrating that expert assessments in specific decisions must be transparent and accountable and supplemented by public consultation. (shrink)

As artificial intelligence reshapes the core institutions of society, traditional models for income, health, and education are proving increasingly inadequate. In response, this paper proposes a holistic blueprint for an AI-resilient social contract founded on three mutually reinforcing pillars: Universal Basic Income (UBI), free universal healthcare, and lifelong free education. Each element addresses a distinct aspect of human security: UBI secures economic stability in a world where work is no longer the sole determinant of livelihood; universal healthcare ensures that (...) citizens remain physically and mentally capable of engaging with society; and lifelong free education empowers individuals to continually adapt, innovate, and participate in democratic life. Drawing on global case studies and policy experiments, from nations pioneering Gross National Happiness to innovative digital health and education reforms, this paper demonstrates that by realigning governance with the goal of human flourishing rather than mere economic output, we can build resilient societies that harness AI’s promise while safeguarding equity and dignity. (shrink)

This short document provides an overview of three complementary papers examining how AI reshapes society’s fundamental agreements on income security, healthcare, and education. Each paper addresses one “pillar” of a re-calibrated social contract: Universal Basic Income, Free Universal Healthcare, and Lifelong Free Education. Together, they propose an integrated approach to distributing AI’s benefits equitably, ensuring economic stability, physical well-being, and continuous learning for all. This overview serves as the introduction to a suite of five papers. Following this introductory piece (...) are three detailed pillar papers, each focusing on UBI, healthcare, and education, which can be read in any order. The final paper, Recalibrating the Social Contract: A Blueprint for AI-Resilient Societies, integrates the insights from all three pillars into a unified policy road-map. (shrink)

'. . . this book will be valuable to upper-division and graduate students interested in the validity of SC theories.'-PERSPECTIVES ON POLITICAL SCIENCE.

This paper proposes Universal Basic Income (UBI) as a critical policy response to the economic and social disruptions engendered by artificial intelligence (AI). As automation displaces, or fundamentally transforms, traditional forms of work, AI-driven productivity continues to soar, generating immense value from publicly funded data and infrastructure. By examining historical precedents (including the New Deal and various social welfare models), international case studies (like Finland’s UBI experiment and India’s pilot programs), and emerging ethical and economic rationales, this paper argues that (...) UBI is both a viable evolution of governmental support for citizens and a forward-looking strategy to address global inequality. It further explores how UBI anticipates cultural shifts in a world where work and identity are increasingly decoupled. Bringing together insights from philosophy, economics, and computer science, the paper situates UBI within the broader philosophical discourse on AI’s responsibilities and implications for human dignity and social justice. This discussion forms the first pillar of a trilogy on recalibrating the social contract, to be complemented by free healthcare and lifelong education. Collectively, these pillars propose a blueprint for distributing AI’s vast benefits in ways that uphold human agency, reduce inequality, and preserve social cohesion. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism seems to (...) ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures necessary for the entry and exit of (...) goods and to pay then refund the price. Moreover, the goods are exposed again to damage and perishing risks. Furthermore, the international sale contract is inherently associated with other international contracts such as goods transport contract, insurance contract and documentary credit through which the price is paid. If the sale contract is terminated, its effect will apply to all other associated contracts, if not performed, which produces many issues and hardships. (shrink)

Recently there has been a movement in feminist jurisprudence against what has been termed “sex exceptionalism.” Those campaigning for its elimination argue that sex exceptionalism, the process by which “sex is routinely distinguished from comparable human practices and subjected to singular regulation,” is pernicious not only to women in particular, but to sexual freedom in general. However, this critique is too strong. -/- While sex exceptionalism has the potential to be harmful in some spheres, the failure to be sex exceptionalist (...) is equally harmful in other contexts. In this paper, I argue that law which is anti-sex-exceptionalist, in my terms “sex depreciationist,” can also uphold negative cultural norms and impinge on the rights of the marginalized - two of the critiques often levied against sex exceptionalism. In select situations, differential legal treatment is a tool of sexual justice rather than oppression. -/- I make this case by highlighting an example where the law’s failure to be sex exceptionalist is detrimental: the application of the ordinary premises of contract law to pornography contracts. Pornography performers are often subject to what is termed “permanent pornography contracts,” under which the production company is granted the “irrevocable, worldwide, perpetual right and authority” over performer’s sexual images. As a result, performers are perpetually unable to revoke consent to the dissemination of their media, leading to a loss of sexual autonomy. This is an area where the failure to treat sex as appropriately distinct from other forms of media leads to direct harm. -/- Contract law’s refusal to recognize the special implications of sex does not challenge sex negativity; indeed, it upholds the antiquated and dangerous ideas about femininity, sexuality, and promiscuity which the sex depreciationist case purports to displace. Even more importantly, sex depreciationism in the context of pornography contracts inflicts profound suffering on real individuals. Given these consequences of present contracting practices, the anti-sex-exceptionalist case is evidently not – as proponents suggest – synonymous with sexual justice. (shrink)

In this study, I demonstrated that there is a corporate social contract between firms and their host communities. The implication is that the idea of the social contract places corporate social responsibility (CSR) on a conditional pivot, whereby the host communities have to fulfil their own side of the contract in order to merit CSR projects. I examined the implication of the social contract for corrupt and unaccountable host communities. I based my analysis on two philosophical (...) frameworks, namely: one, Constructive Approach CSR (CA-CSR), and two, Restorative Approach CSR (RA-CSR). CA-CSR is hinged on the deontological and utilitarian moral frameworks, while RA-CSR is based on the restorative justice framework. Further, I developed ‘CSR Calculus’ (V = f1+n + K) to determine the value of CSR-due for a host community, in response to Milton Friedman questions of arbitrariness in the formulation of CSR projects. I also demonstrated how the CSR Calculus can be applied to determine the value of CSR owed communities by Micro, Small and Medium scale Enterprises (MSMEs). Finally, I used the ethic ‘leave a better community’ derived from the Annang proverb – Assidsip ye Akwot-kwot ete yak mfin ami afon akan mkpong (Assidsip and Akwot-kwot say make today better than yesterday) to signpost the corporate social contract and demonstrated why it is essential for every firm to commission and decommission its operations in socially responsible manner such that it can bequeath a better future society. (shrink)

This paper argues that free, universal healthcare must serve as a foundational pillar of a resilient social contract in the era of artificial intelligence (AI), standing alongside Universal Basic Income (UBI) and lifelong free education. While UBI secures economic stability as automation transforms employment, and lifelong education equips citizens to adapt intellectually to continuously shifting labour markets, universal healthcare guarantees the physical and mental well‑being without which neither income security nor learning opportunities can be fully realised. AI is revolutionising (...) care delivery by enabling highly accurate diagnostics, predictive analytics, robotic‑assisted surgeries and streamlined administration, cutting waste and improving outcomes. Because these systems are trained on publicly funded data and run on national infrastructure, their benefits must be distributed equitably. Drawing on historical precedents, ethical frameworks and global case‑studies, including the UK’s National Health Service and Taiwan’s single‑payer model, this paper explores the three‑pillar synergy whereby AI‑driven cost reductions in healthcare free fiscal space for both UBI disbursements and sustained public investment in lifelong education platforms. It concludes that AI makes universal healthcare not only feasible but also a moral and economic imperative for societies determined to share technological dividends across every dimension of human security. (shrink)

This paper contends that free, lifelong education is the third and final pillar of a resilient social contract in the age of artificial intelligence (AI). Building on the arguments for Universal Basic Income (UBI) and universal healthcare advanced in earlier works, it demonstrates that education is the intellectual foundation enabling individuals to adapt, participate, and flourish in a rapidly evolving world. AI is reshaping the knowledge landscape through tools such as Chimango, ChatGPT, and adaptive platforms like Khan Academy. These (...) developments challenge traditional, static models of education, giving rise to dynamic skill acquisition and personalised, decentralised learning pathways. To ensure that the benefits of these advancements are shared equitably, this paper calls for education to be universally accessible, not merely as a public good, but as a civic necessity. Drawing on examples such as Germany’s tuition-free university system and Finland’s fully subsidised education from early childhood through tertiary, alongside its investment in highly trained educators, this paper outlines how free education can be scaled, sustained, and integrated into national development strategies. AI-driven efficiencies in content delivery and administration make lifelong, no-cost learning increasingly viable, while ethical considerations dictate that access must not be determined by wealth, geography, or age. Together with UBI and free healthcare, free education empowers individuals to build new skills, scrutinise emerging technologies, and engage meaningfully in civic life. Ultimately, this paper demonstrates that, just as income and health warrant public provisioning, so does education, crucial not only to economic productivity, but also to democratic resilience, cultural renewal, and human flourishing. (shrink)

Blockchain technology, originally developed to support Bitcoin and other cryptocurrencies, has evolved beyond its initial scope, showing immense potential to transform various sectors of the global economy. While cryptocurrencies remain the most prominent use case of blockchain, innovations such as smart contracts and decentralized applications (DApps) have expanded its applications, enabling decentralized finance (DeFi), supply chain management, and even legal agreements. This paper explores the evolution of blockchain from its origins in cryptocurrency to its broader applications, particularly in smart contracts. (...) It examines how blockchain is reshaping traditional systems in finance, law, and various industries, highlighting the opportunities, challenges, and future implications of these advancements. (shrink)

Social contract thought has always contained multiple and mutually conflicting lines of argument; the minimalist contractarianism so influential today represents the weaker of two main constellations of claims. I make the case for a Kantian contract theory that emphasizes the bedrock principle of consent of the governed instead of the mere heuristic device of the exit from the state of nature. Such a shift in emphasis resolves two classic difficulties: tradi- tional contract theory’s ahistorical presumption of a (...) pre-political settlement, and its impossibly high demands on citizens seeking to practice self-rule. Kant’s solutions to these problems of property rights and citizenship are found in his political works, rather than the ethical works through which Kant’s political theory is usually interpreted. (shrink)

In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only (...) in some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (shrink)

In pornography, standard modelling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across mediums. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence” - a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual activity. Using the framework (...) of “affirmative consent,” I argue that these contracts violate performers' rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people’s lives, and more important than legislating individual outcomes, the type of infrastructure we build around people’s decisions has the potential to radically empower - or disempower - those engaged in sex work. (shrink)

Criptomonedele au devenit un „cuvânt la modă” pentru a se referi la o gamă largă de evoluții tehnologice, prin care criptomonedele sunt securizate. Criptosecuritățile sunt folosite pentru înregistrarea, emiterea și transferul de acțiuni obișnuite și alte titluri corporative, astfel încât tabelul de capitalizare al unei companii să fie întotdeauna corect și actualizat. Contractul inteligent este protocol informatic destinat să faciliteze, să verifice sau să execute în mod digital negocierea sau executarea unui contract, permițând tranzacții credibile, trasabile și ireversibile, fără (...) terțe părți. (shrink)

Of the Contract is a version of a text that is as old as any memory, or a form of instrument that constitutes the basis of accession to the world in which its terms have been translated. The text remains as open to renewal as that world remains to future alteration, and the terms are both already past, and always yet to come. The notion of the debt implied by contract corresponds to a conception of accountancy and finance (...) that offers an approach to the sense of that external to the terms of human access. (shrink)

The article presents a basic perception regarding social contract theory which is considered to be one of the most well-known and influential theories in western political philosophy. By exploring the concepts of social contract theory suggested by Thomas Hobbes and John Locke, an attempt is made to reveal various features and characteristics of the natural state. The article discusses the general description of the state of nature as well as the process of establishing a social contract as (...) a means of formation of civil society. (shrink)

Global society issues are putting increasing pressure on both small and large organizations to communicate ethically at all levels. Achieving this requires social skills beyond the choice of language or vocabulary and relies above all on individual social responsibility. Arguments from social contract philosophy and speech act theory lead to consider a communication contract that identifies the necessary individual skills for ethical communication on the basis of a limited number of explicit clauses. These latter are pragmatically binding for (...) all partners involved and help to ensure that the ground rules of cooperative communication are observed within a group or an organization. Beyond promoting ethical communication, the communication contract clarifies how individual discursive behaviour can be constructively and ethically monitored by group leaders in business meetings. A case study which shows what may happen when ground clauses of ethical communication are violated is presented. The conclusions of the study highlights why attempting to respect the communication contract is in the best interest of all partners at all levels within any group or organization. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite (...) the fact that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

Standard accuracy-based approaches to imprecise credences have the consequence that it is rational to move between precise and imprecise credences arbitrarily, without gaining any new evidence. Building on the Educated Guessing Framework of Horowitz (2019), we develop an alternative accuracy-based approach to imprecise credences that does not have this shortcoming. We argue that it is always irrational to move from a precise state to an imprecise state arbitrarily, however it can be rational to move from an imprecise state to a (...) precise state arbitrarily. (shrink)

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for (...) subsuming individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society. (shrink)

The conditions of hunting and gathering through which one line of primates evolved into humans form the basis of what I term the wild self, a self marked by developmental needs of prolonged human neoteny and by deep attunement to the profusion of communicative signs of instinctive intelligence in which relatively “unmatured” hominids found themselves immersed. The passionate attunement to, and inquiry into, earth-drama, in tracking, hunting, foraging, rhythming, singing, and other arts/sciences, provided the trail to becoming human, and provide (...) external grammatical structures that became the basis of human language and animate mind. I outline my new philosophy of history as a progress in precision, counteracted by a regressive contraction of mind. The progress associated with history since the beginning of agriculturally-based civilizations can be considered as a regressive contraction from animate mind of our hunter-gatherer evolutionary past, to anthropocentric mind, and finally to the ghost in the machine world-view of mechanico-centric mind. Contemporary consumption culture represents an inversion of the original conditions of the human self, and indeed, targets aspects of developmental neoteny to condition conformity to its rational-mechanical system imperatives. (shrink)

As I hope to show in this paper, Fichte’s rejection of traditional social contractarian accounts of human social relations is related to his rejection of the search for a criterion, or external standard, by which we might measure our knowledge in epistemology. More specifically, Fichte’s account of the impossibility of a normative social contract (as traditionally construed) is related to his account of the impossibility of our knowing things as they might be “in themselves,” separate from and independent of (...) our own activity in knowing them. Addressing the question of whether we finite human knowers can ever transcend the limits of our own consciousness, Fichte argues that Hume was not sufficiently critical: “…the Humean system holds open the possibility that we might someday be able to go beyond the boundary of the human mind, whereas the Critical system proves that such progress is absolutely impossible, and it shows that the thought of a thing possessing existence and specific properties in itself and apart from any faculty of representation is a piece of whimsy, a pipe dream, a nonthought.” In a very real sense, then, Fichte aims to “out-Hume” Hume on the question of whether we can ever know “things-in-themselves” or an external criterion for testing our knowledge. That is, Fichte goes beyond Hume and insists on the necessary – and not merely contingent – character of our ignorance of so-called things-in-themselves (i.e., things that supposedly exist antecedent to and independent of our consciousness of them). But unlike Hume, Fichte argues that radical skepticism regarding all possible knowledge of things-in-themselves does not undermine – but actually confirms and sustains – our belief in the emancipatory power of reason. (shrink)

This paper revisits the classical use of Nash bargaining to model the social contract by addressing the two central objections of John Rawls: the influence of threat advantage and the multiplicity of bargaining solutions. We introduce an innovative framework that applies an optimific moral rule, termed Pure Strategy Deontarianism (PSD), to the Nash Bargaining Game. PSD is a synthesis of Kantian deontology and utilitarian altruism. By applying PSD to the Nash bargaining game, we demonstrate how rational agents can normatively (...) select maximal disagreement points as rights, thereby equalizing bargaining power and aligning with Rawls’ first principle of justice. Furthermore, we derive the Kantian solution (KS) for surplus division from PSD, and prove that KS satisfies five key axioms of fairness - symmetry, Pareto optimality, scale invariance, strong monotonicity, and contraction consistency. We argue that KS is an ideal solution, since it does not always lie in the feasible set and so serves as an ideal benchmark that practical approximations like the Nash Bargaining Solution can approach. This synthesis not only offers a robust theoretical resolution to Rawls’ objections but also provides a structured methodology for integrating moral considerations into game-theoretic models of justice. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic (...) Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...) theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a (...) valid complaint. This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I claim that the doctrine can be best explained by the way in which a party who engages in exploitative behavior may lose her moral standing to complain. It is because such a party has lost her moral standing to complain that the law, through unconscionability doctrine, bars her from bringing a legal complaint. This explanation avoids the oft-issued charge of paternalism and it also offers benefits over an alternative state-oriented account developed recently by Seana Shiffrin. Using the conceptual distinction behind this account of unconscionability, this Article further argues that recent theoretical debates about the relationship between contract law and morality have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations. Once one appreciates the difference between imposing obligations and recognizing complaints, the comparison looks quite different. Contract law recognizes valid complaints against broken promises, much as morality recognizes moral complaints. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms (...) this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

In his book, The Grounds of Moral Judgment, Russell Grice argues for a thesis he calls "the contract ground thesis," which connects the interest of members of a group in making a contract to the existence of an obligation and reason to abide by that contract. This thesis has been challenged by Jesse Kalin and subsequently defended by Grice. We show that Grice's defense fails--the contract ground thesis is without justification.