Results for 'contractarianism'

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  1. Contractarianism and Cooperation.Cynthia A. Stark - 2009 - Politics, Philosophy and Economics 8 (1):73-99.
    Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as (...)
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  2. ‘Constructivism, Contractarianism and Basic Obligations: Kant and Gauthier’.Kenneth R. Westphal - forthcoming - In J.-C. Merle (ed.), Reading Kant’s Doctrine of Right.
    Gauthier’s contractarianism begins with an idea of a rational deliberator but ‘finds no basis for postulating a moral need for the justification of one’s actions to others. The role of agreement is to address each person’s demand that the constraints of society be justified to him, not a concern that he justify himself to his fellows’ (Gauther 1997, 134–5). He contrasts his view with Scanlon’s contractualism, according to which agreement with others is the core of morality and each agent (...)
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  3. Contractarianism and Rational Choice.Adam Morton - 1993 - Philosophical Books 34 (3):177-179.
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  4. Is Rawls Really a Kantian Contractarian?Baldwin Wong - 2016 - Public Reason 8 (1-2).
    In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism. He is understood as inheriting a contractarian tradition that can be traced back to Kant and which has inspired followers such as Barry and Scanlon. This paper argues that the label does not fit Rawls. While a Kantian contractarian would presuppose a monistic conception of practical reason, Rawls is a hybrid contractarian who presupposes a dual conception. I shall first (...)
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  5. Respecting Human Dignity: Contract Versus Capabilities.Cynthia A. Stark - 2009 - Metaphilosophy 40 (3-4):366-381.
    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 (...)
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  6. Contractualism and Radical Pluralism.Nicholas Southwood - 2019 - Journal of Moral Philosophy 16 (2):225-238.
    How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different kind (...)
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  7. Quicksand in the Contract Ground.D. Clayton Hubin & David Drebushenko - 1983 - Philosophical Studies 44 (1):115 - 120.
    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.
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  8. Myths About the State of Nature and the Reality of Stateless Societies.Karl Widerquist & Grant McCall - 2015 - Analyse & Kritik 37 (1-2):233-257.
    This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...)
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  9. What Is Conventionalism About Moral Rights and Duties?Katharina Nieswandt - 2019 - Australasian Journal of Philosophy 97 (1):15-28.
    ABSTRACTA powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...)
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  10. Schopenhauer on the State and Morality.David Bather Woods - 2017 - In Sandra Shapshay (ed.), The Palgrave Schopenhauer Handbook. pp. 299-322.
    This chapter argues that Schopenhauer’s political philosophy, on the one hand, is conservative in character, while his moral philosophy, on the other, has progressive applications to social and political life. While this is not inconsistent in itself, it does confound Schopenhauer’s expectation that the norms of political justice converge on the same set of outwards behaviors as the norms of moral justice.
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  11. Das Recht des Stärkeren.Edgar Dahl - 2003 - Aufklärung Und Kritik 7:84-88.
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  12. Citizenship and Property Rights: A New Look at Social Contract Theory.Elisabeth Ellis - 2006 - Journal of Politics 68 (3):544-555.
    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, (...)
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  13. By Whose Authority: A Political Argument for God's Existence.Tyler McNabb & Jeremy Neill - 2019 - European Journal for Philosophy of Religion 11 (2):163-189.
    In The Problem of Political Authority, Michael Huemer argues that the contractarian and consequentialist groundings of political authority are unsuccessful, and, in fact, that there are no adequate contemporary accounts of political authority. As such, the modern state is illegitimate and we have reasons to affirm political anarchism. We disagree with Huemer’s conclusion. But we consider Huemer’s critiques of contractarianism and consequentialism to be compelling. Here we will juxtapose, alongside Huemer’s critiques, a theistic account of political authority from Nicholas (...)
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  14. Justice and Future Generations.D. Clayton Hubin - 1976 - Philosophy and Public Affairs 6 (1):70-83.
    In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.
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  15. Fundamentals of Order Ethics: Law, Business Ethics and the Financial Crisis.Christoph Luetge - 2012 - Archiv für Rechts- Und Sozialphilosophie Beihefte 130:11-21.
    During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...)
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  16. Basic Positive Duties of Justice and Narveson's Libertarian Challenge.Pablo Gilabert - 2006 - Southern Journal of Philosophy 44 (2):193-216.
    Are positive duties to help others in need mere informal duties of virtue or can they also be enforceable duties of justice? In this paper I defend the claim that some positive duties (which I call basic positive duties) can be duties of justice against one of the most important prin- cipled objections to it. This is the libertarian challenge, according to which only negative duties to avoid harming others can be duties of justice, whereas positive duties (basic or nonbasic) (...)
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  17. Minimizing Maximin.D. Clayton Hubin - 1980 - Philosophical Studies 37 (4):363 - 372.
    In A Theory of Justice, John Rawls provides several arguments contractors in the original position using maximin reasoning, which leads directly to the difference principle. These arguments are inadequate to support the claim that maximin reasoning is the uniquely rational approach to choice in the original position.
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  18. Morals From Rationality Alone? Some Doubts.J. P. Messina & David Wiens - 2020 - Politics, Philosophy and Economics 19 (3):248-273.
    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 (...)
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  19. The Argument Against Neutrality About the Size of Population.David Pomerenke - manuscript
    How should we as a society value changes in population size? The question may be crucial when evaluating global warming scenarios. I defend the intuition of neutrality, which answers a part of the question. It states that – other things being equal – it is ethically irrelevant whether or not additional people are added to a population. The argument against neutrality criticizes the intuition of neutrality as inconsistent. The contribution of this thesis is twofold: First, the framework of welfare economics, (...)
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  20. Neutrality and the Social Contract.Ian J. Carroll - 2009 - Les ateliers de l'éthique/The Ethics Forum 4 (2):134-150.
    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 (...)
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