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.

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

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 (...) class='Hi'>contract as a means of formation of civil society. (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)

The two justificatory roles of the social contract are establishing whether or not a state is legitimate simpliciter and establishing whether any particular individual is politically obligated to obey the dictates of its governing institutions. Rawls's theory is obviously designed to address the first role but less obviously the other. Rawls does offer a duty-based theory of political obligation that has been criticized by neo-Lockean A. John Simmons. I assess Simmons's criticisms and the possible responses that could (...) be made to them, including those offered by Samuel Freeman. I conclude they rest on a Rawlsian equivocation and ultimately fail. (shrink)

Review of Ryan Muldoon's book Social Contract Theory for a Diverse World: Beyond Tolerance (in Swedish).

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)

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.

This is the latest draft of chapter 1 of _A New Theory of Reasons for Belief: Pragmatic Foundations and Pluralistic Reasons_ (Under Contract with OUP). It outlines the view that is the focus of the book: Welfarist Pluralism. Welfarist pluralism is the view that all normative reasons for belief are grounded in wellbeing and that being in a positive epistemic state is one of the components of wellbeing. This chapter explains how one can develop a principled version of (...) non-derivative pluralism about normative reasons for belief while still accepting that theoretical reason has a single, unified pragmatic foundation. Updated 25 January 2023. (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)

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)

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)

This is chapter 5 of the book project _The true and the good: a new theory of theoretical reason_, in which I explore the claim that both alethic and pragmatic reasons for belief are basic, but that they share a pragmatic foundation in a pluralist theory of wellbeing in which being in a positive epistemic state is a non-derivative component of wellbeing. This chapter argues that all three of fittingness first, reasons first, and value first views are false. (...) It does so by showing that fittingness and reasons both have unalike variance conditions with respect to value, i.e. that sometimes the value of something can switch from good to bad or bad to good without there being any change in whether it is fitting to favour it or whether there are reason to favour it. This is a form of an argument from under-generation following on earlier work by Krister Bykvist and Andrew Reisner, respectively. It is also more tentatively that reasons cannot be analysed in terms of correctness. Because the the arguments in this paper concern the extensional adequacy of the various bi-conditionals linking fittingness, reasons, and value, they suffice for rejecting even modest versions of '-first' views that do not purport to provide analyses, but rather only sets of correctness conditions for, e.g., reasons and value in terms of fittingness, or any two in terms of the third. (Updated 10 May 2022). (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)

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)

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

(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)

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)

This author’s reply addresses critiques by Daniel Engster, Kelly Gawel, and Andrea Westlund about my 2020 book, Freedom to Care: Liberalism, Dependency Care, and Culture. I begin with a statement of my commitment to liberalism. In section two, I defend the value of a distinction between conceptions of persons in the real world and in contract theory to track inequalities in care when indexed to legitimate needs. I argue, as well, that my variety of contract theory (...) supplies the normative content needed to reject the subordination of women of color. Acknowledging the enduring danger of expressive subordination, I emphasize my theory’s compatibility with the full social inclusion of people with disabilities. Section three then defends liberal dependency care’s compatibility with radical critique and transformative change by emphasizing the abstract nature of its core theoretical module. Finally, in section four, I reaffirm conceptual distinctions between autonomy skills, care skills, and a sense of justice by explicating their theoretical roles. In that section, I also embrace Westlund’s insight that theorists of justice need to have skills enabling responsiveness to other perspectives. To this new requirement for actual theorists of justice, I further add that we must attain capacities to engage critically with our society’s norms. Thus, the final section of this article supplements the justificatory module of liberal dependency care, building from the necessary conditions specified as two-level contract theory toward an account of necessary and sufficient conditions for this liberalism’s justificatory module. (shrink)

Artificially intelligent (AI) technologies are increasingly being used in many workplaces. It is recognised that there are ethical dimensions to the ways in which organisations implement AI alongside, or substituting for, their human workforces. How will these technologically driven disruptions impact the employee–employer exchange? We provide one way to explore this question by drawing on scholarship linking Integrative Social Contracts Theory (ISCT) to the psychological contract (PC). Using ISCT, we show that the macrosocial contract’s ethical AI norms (...) of beneficence, non-maleficence, autonomy, justice, and explicability can feed into national- and organisational-level microsocial contracts. We also outline the role of employees’ technology frames in this process. We then use an illustrative example to demonstrate how this multilevel normative background helps to inform the content of individuals’ PCs in the context of working with AI technologies. (shrink)

"In 'Hobbes and the Social Contract Tradition' Professor Hampton undertakes an "extensive examination" of Hobbes's argument, primarily as stated in Leviathan, for the institutionof an absolute sovereign. Hampton, however, is concerned to accomplish more than "a description or explication" of Hobbes's political philosophy. Rather, it is her intention to develop a "rational reconstruction" of Hobbes's argument.... 'Hobbes and the Social Contract Tradition' is an important and valuable contribution to the study of Hobbes's political philosophy. Throughout this work one (...) acquires new and illuminating insights into Hobbes's argument and its contemporary significance. ... it is essential reading for all those who are seriously concerned to come to grips with Hobbes's social contract theory. Hobbes scholar and political theorist alike will learn a great deal from it.". (shrink)

“The universe is expanding, not contracting.” Many statements of this form appear unambiguously true; after all, the discovery of the universe’s expansion is one of the great triumphs of empirical science. However, the statement is time-directed: the universe expands towards what we call the future; it contracts towards the past. If we deny that time has a direction, should we also deny that the universe is really expanding? This article draws together and discusses what I call ‘C-theories’ of time — (...) in short, philosophical positions that hold time lacks a direction — from different areas of the literature. I set out the various motivations, aims, and problems for C-theories, and outline different versions of antirealism about the direction of time. (shrink)

This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they (...) might not be fully capable of social cooperation, the parties will choose a social minimum that is as high and comprehensive as is compatible with the difference principle. This will ensure that the disabled have an adequate income. (shrink)

Given the fact of moral disagreement, theories of state neutrality which rely on moral premises will have limited application, in that they will fail to motivate anyone who rejects the moral premises on which they are based. By contrast, contractarian theories can be consistent with moral scepticism, and can therefore avoid this limitation. In this paper, I construct a contractarian model which I claim is sceptically consistent and includes a principle of state neutrality as a necessary condition. The principle of (...) neutrality which I derive incorporates two conceptions of neutrality which have usually been thought of as distinct and incompatible. I argue that contractarianism gives us a unified account of these concep- tions. Ultimately, the conclusion that neutrality can be derived without violating the constraint established by moral scepticism turns out to rely on an assumption of equal precontractual bargaining power. I do not attempt to defend this assumption here. If the assumption cannot be defended in a sceptically consistent fashion, then the argument for neutrality given here is claimed to be morally minimal, rather than fully consistent with moral scepticism. (shrink)

Nearly everyone agrees that sexual exploitation occurs and that, when it does, it is morally wrong. However, there is substantial disagreement over what constitutes sexual exploitation and why it is wrong. Is sex between freely consenting adults ever exploitative? Is prostitution always exploitative? What features of sexually exploitative interactions lead us to regard them as morally wrong? And if sexual exploitation is morally wrong, what should be done about it?These are not new questions for the social philosopher. However, recent criticisms (...) of social contract theory may lead us to wonder whether contractarianism has the resources to criticize important cases of sexual exploitation—particularly prostitution. Some liberals have defended prostitution “in principle,” arguing that when prostitution is truly consensual, there is nothing wrong with it. This is called “sound prostitution.” Indeed, in cases where the parties to a sexual exchange are both competent adults, liberals and libertarians have a difficult time criticizing it, since to do so runs the risk of imposing a local and historically specific sexual ideal on members of society who explicitly reject it or else suggests that the prostitutes and their clients are not really competent agents. (shrink)

This article draws on the indigenous African intellectual tradition to ground a moral-philosophical theory of leadership that is intended to rival accounts prominent in the East Asian and Western traditions. After providing an interpretation of the characteristically sub-Saharan value of communion, the article advances a philosophical account of a good leader as one who creates, sustains and enriches communal relationships and enables others to do so. The article then applies this account to a variety of topics, including what the (...) final end of an organisation should be, how decisions ought to be made within it, who counts as a stakeholder and how to deal with non-performing or misbehaving employees. For each topic, the article notes respects in which Afro-communal leadership supports approaches that differ from those prescribed by other, more internationally familiar philosophies such as Confucianism and Kantian contract theory, and it suggests that its implications are prima facie attractive relative to them. (shrink)

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand (...) function of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

This article provides a brief outline of Special Theory of Relativity. The physics before the relativity, the special relativity in itself, and the consequences of special relativity are discussed here.

This is a chapter of the planned monograph "Out of Nowhere: The Emergence of Spacetime in Quantum Theories of Gravity", co-authored by Nick Huggett and Christian Wüthrich and under contract with Oxford University Press. (More information at www<dot>beyondspacetime<dot>net.) This chapter introduces causal set theory and identifies and articulates a 'problem of space' in this theory.

Multinational companies commonly and increasingly undertake their research in low and middle-income countries through commercial clinical research organizations (CROs). The involvement of these scientific middle men complicates the application of the theories of justice. We examine those complexities, and conclude that while the difficulties are not immune to analysis in terms of these theories, the theories have to be deployed in new ways in order to be useful in the new commercial world.

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary stature (...) as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. (...) Chapter 2 then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour (...) relations. Because the ideal of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Through the philosophies of Bergson and Deleuze, my paper explores a different theory of time. I reconstitute Deleuze’s paradoxes of the past in Difference and Repetition and Bergsonism to reveal a theory of time in which the relation between past and present is one of coexistence rather than succession. The theory of memory implied here is a non-representational one. To elaborate this theory, I ask: what is the role of the “virtual image” in Bergson’s Matter and (...) Memory? Far from representing the simple afterimage of a present perception, the “virtual image” carries multiple senses. Contracting the immediate past for the present, or expanding virtually to hold the whole of memory (and even the whole of the universe), the virtual image can form a bridge between the present and the non-representational past. This non-representational account of memory sheds light not only on the structure of time for Bergson, but also on his concepts of pure memory and virtuality. The rereading of memory also opens the way for Bergsonian intuition to play an intersubjective role; intuition becomes a means for navigating the resonances and dissonances that can be felt between different rhythms of becoming or planes of memory, which constitute different subjects. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach (...) to exploring the limitations of non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...) obvious to modern eyes that redistributions in favor of the slaves, while leaving the institution of owning workers intact, would not address the root of the problem. The system of slavery was eventually abolished in favor of the system we have today which differs in two important respects: the workers are only rented, hired, or employed ; and the rental relationship between employer and employee is voluntary. Today, the root of the problem is the whole institution for the voluntary renting of human beings, the employment system itself, not the terms of the contract or the accumulated consequences in the form of the mal-distribution of income and wealth. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable (...) rights. Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Recent developments in our globalized world are beginning the scholarly world to answer the question pertaining to the relationship between Islam—a “faith”—and politics and governance. In order to understand the Islamic worldview from the perspective of Ibn Khaldun, with whom many modern Islamists would agree with, a comparison is made with early progenitors of liberalism and the social contract, John Locke and Thomas Hobbes. By understanding the fundamental differences between the theorists, and how Ibn Khaldun’s is completely separate from (...) the western tradition, it becomes easier to understand exactly why Islamic models of governance are at direct odds with the west. The main difference between the two models of governance is the use of a fundamental criteria determining right from wrong, as opposed to Hobbes’ and Locke’s theories being based purely on assumption that the validity of their respective arguments is based upon the theory’s acceptance among the people. In other words, western political theorists lack the consistency and justification for their theories, at least from the Islamist point of view. (shrink)

In the author’s previous contribution to this journal (Rosen 2015), a phenomenological string theory was proposed based on qualitative topology and hypercomplex numbers. The current paper takes this further by delving into the ancient Chinese origin of phenomenological string theory. First, we discover a connection between the Klein bottle, which is crucial to the theory, and the Ho-t’u, a Chinese number archetype central to Taoist cosmology. The two structures are seen to mirror each other in expressing the (...) psychophysical (phenomenological) action pattern at the heart of microphysics. But tackling the question of quantum gravity requires that a whole family of topological dimensions be brought into play. What we find in engaging with these structures is a closely related family of Taoist forebears that, in concert with their successors, provide a blueprint for cosmic evolution. Whereas conventional string theory accounts for the generation of nature’s fundamental forces via a notion of symmetry breaking that is essentially static and thus unable to explain cosmogony successfully, phenomenological/Taoist string theory entails the dialectical interplay of symmetry and asymmetry inherent in the principle of synsymmetry. This dynamic concept of cosmic change is elaborated on in the three concluding sections of the paper. Here, a detailed analysis of cosmogony is offered, first in terms of the theory of dimensional development and its Taoist (yin-yang) counterpart, then in terms of the evolution of the elemental force particles through cycles of expansion and contraction in a spiraling universe. The paper closes by considering the role of the analyst per se in the further evolution of the cosmos. (shrink)

As historically acknowledged in the Reasoning about Actions and Change community, intuitiveness of a logical domain description cannot be fully automated. Moreover, like any other logical theory, action theories may also evolve, and thus knowledge engineers need revision methods to help in accommodating new incoming information about the behavior of actions in an adequate manner. The present work is about changing action domain descriptions in multimodal logic. Its contribution is threefold: first we revisit the semantics of action theory (...) contraction proposed in previous work, giving more robust operators that express minimal change based on a notion of distance between Kripke-models. Second we give algorithms for syntactical action theory contraction and establish their correctness with respect to our semantics for those action theories that satisfy a principle of modularity investigated in previous work. Since modularity can be ensured for every action theory and, as we show here, needs to be computed at most once during the evolution of a domain description, it does not represent a limitation at all to the method here studied. Finally we state AGM-like postulates for action theory contraction and assess the behavior of our operators with respect to them. Moreover, we also address the revision counterpart of action theory change, showing that it benefits from our semantics for contraction. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This is a chapter of the planned monograph "Out of Nowhere: The Emergence of Spacetime in Quantum Theories of Gravity", co-authored by Nick Huggett and Christian Wüthrich and under contract with Oxford University Press. This chapter analyses the nature and derivation of spacetime topology and geometry according to string theory.

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

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)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which (...) is generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)