Contractual Constructions

2020 ◽  
pp. 53-75
Author(s):  
Albert Weale
Keyword(s):  
Social Contract ◽  
Practical Reason ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Original Position ◽  
Ethical Question ◽  
Logical Status ◽  
Normative Question ◽  
Self Interest ◽  
The Normative Question

Social contract theory can be understood as a form of constructivism. Constructivism is the view that the content of morality can be defined by a procedure, the results of which define principles of actions. Constructivism can be understood as directed both to the normative question of what principles are justifiable and to the meta-ethical question as to the logical status of such principles. In respect of the latter, constructivism holds to a procedure-dependent conception of practical reason rather than a truth-directed view. In the case of social contract theory, the procedure is made up of three elements: an original position; the reasoning of the contracting parties; and the contents of the agreement that those contracting parties conclude with one another. Some contract theorists can be thought of as aspiring to a form of ethical reductionism, involving the defining of moral notions in non-moral terms by means of the constructed procedure, but this is not true of all. In this connection, there is a dispute as to whether rationality is to be defined in terms of self-interest. Constructivism is offered as an alternative to intuitionism, in which it is assumed that principles are in some sense self-evident.

The Twilight of Utilitarianism

2020 ◽  
pp. 23-52
Author(s):  
Albert Weale
Keyword(s):  
Political Philosophy ◽  
Twentieth Century ◽  
Social Contract ◽  
Practical Reason ◽  
Utility Theory ◽  
Contract Theory ◽  
Practical Reasoning ◽  
Social Contract Theory ◽  
Separateness Of Persons

Social contract theory arose as a response to the twilight of utilitarianism. For many years utilitarianism had been seen as a political philosophy of human emancipation. Like social contract theory, utilitarianism was a critical and rationalistic morality. However, it was judged incapable of recognizing the separateness of persons, the claim by each person to be treated with justice. Utilitarianism defined the good in terms of pleasure, conceived in a naturalistic way. It regarded pleasure as the guide to choice. It promised to provide an intellectual framework within which everyday intuitive morality could be rendered consistent. And it sought to ground action in practical reasoning about the promotion of the good. However, these distinctive elements came under challenge. With the rise of modern utility theory, pleasure was no longer thought of as the guide to choice. Pleasure was no longer conceived as the sole good. Doubts were raised about the extent to which the principle of utility could explicate the principle of justice. And even utilitarianism had to concede the dualism of practical reason. One response was the rise of intuitionism in the early part of the twentieth century. Another response was the rise of social contract theory, as discussed in this book.

Justice and Rationality: Some Objections to the Central Argument in Rawls's Theory

1975 ◽  
Vol 69 (2) ◽  
pp. 615-629 ◽  
Author(s):  
James Fishkin
Keyword(s):  
Social Contract ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Original Position ◽  
Alternative Version ◽  
Central Argument ◽  
Primary Goods ◽  
Principles Of Justice

The argument is made that Rawls's proposed principles of justice would not rationally be chosen in his proposed version of the “original position.” First of all, Rawls's own account of the information available in the original position provides no basis for the conclusions about “primary goods” which he believes would imply his proposed principles. Second, even if those conclusions about primary goods were to be accepted, they would not imply the proposed principles (the “general” and the “special” conceptions of justice) because the claims which Rawls cites in support of “maximin” actually imply a different conception. Lastly, an alternative version of the original position is suggested which would avoid these difficulties and which would, in addition, successfully support a maximin conception of justice. This is not meant, however, as a conclusive argument for maximin, but only as an indication that the objections advanced here do not apply to “social contract theory” as such, but only to the particular version of it which Rawls has proposed.

scholarly journals Contracting for Catastrophe:Legitimizing Emergency Constitutions by Drawing on Social Contract Theory

Res Publica ◽  
2021 ◽  
Author(s):  
Stefan Voigt
Keyword(s):  
Social Contract ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Constitutional Rights ◽  
State Of Emergency ◽  
Half Century ◽  
States Of Emergency ◽  
The World

AbstractStates of emergency are declared frequently in all parts of the world. Their declaration routinely implies a suspension of basic constitutional rights. In the last half century, it has become the norm for constitutions to contain an explicit ‘emergency constitution’, i.e., the constitutionally safeguarded rules of operation for a state of emergency. In this paper, I ask whether inclusion of an emergency constitution can be legitimized by drawing on social contract theory. I argue that there are important arguments, both against and in favor of constitutionalized emergency provisions, and that social contract theory—as applied by economists—can be of some help when deciding whether to have, or not to have an emergency constitution. This paper introduces a novel argument for justifying emergency constitutions. It argues that they can serve as a commitment mechanism protecting both citizens and politicians from overreacting to rare but significant threats.

scholarly journals Evaluating social contract theory in the light of evolutionary social science

2021 ◽  
pp. 1-45
Author(s):  
Paul Seabright ◽  
Jonathan Stieglitz ◽  
Karine Van der Straeten
Keyword(s):  
Social Science ◽  
Social Contract ◽  
Contract Theory ◽  
Social Contract Theory

scholarly journals Konsep Nation-State dalam Pemikiran Ideologi Politik Melayu Islam pada Abad Ke-19 M (Studi Pemikiran Abdullah bin Abdul Kadir Munsyi (1787-1854)

2018 ◽  
Vol 18 (2) ◽  
pp. 134-146
Author(s):  
Andi Chandra Jaya
Keyword(s):  
Social Contract ◽  
Political Ideology ◽  
Contract Theory ◽  
Good Governance ◽  
Secondary Data ◽  
Social Contract Theory ◽  
Primary Data ◽  
Nation State ◽  
State Management ◽  
The Social

The focus of this study is to answer the subject matter of how the concept of the nation-state according to Abdullah Munsyi in the constellation of Malay Islamic political ideology in the 19th century AD and how is the relevance of the concept of the current Indonesian nation state ? The study used the conscience morale theory of Ernest Renan and the social contract theory initiated by J. J. Roussae. This research is included in the library research category and uses historical approaches and political philosophy. The primary data in this study are Abdullah Musnyi's Hikayat Abdullah book published by Yayasan Karyawan, Kuala Lumpur, Malaysia in 2007 and secondary data, in the form of books, journal articles, papers, and others related to research problems. the findings of the research are: 1). In accordance with the theory of conscience morale Ernest Renan and the social contract theory initiated by J. J. Roussae, Abdullah bin Abdul Kadir Munsyi was the originator of nationalism. Through his most important work, Hikayat Abdullah, he put forward the formulation of Malay identity in the formulation of the nation which was understood as a Malay tribe or race who had the right to be involved in determining the Malay political format not as a community under a political system that was authoritarian. 2). His closeness with the British colonial side, thus forming the liberal thinking he obtained from Raffles and his friends. He not only dismantled the manipulation of royal ideology, but at the same time put forward a new view of the existence of a humanist individual. 3). The understanding of nationality has egalitarian values ​​that are very relevant to the current Indonesian context, especially the values ​​of equality (egalitarianism) in the midst of the emergence of conflicts in various conflicts today. Likewise the concept of nation-state is closely related to nationalism and good governance where good governance is based on the absolute existence of transparency, open participation, and accountability in all state activities at every level of state management, so that a clean government is formed. Keywords: Abdullah Munsyi, Nation-State, and Malay Political ideology

The Epicureans on Human Nature and its Social and Political Consequences

2017 ◽  
Vol 34 (1) ◽  
pp. 1-19
Author(s):  
Jan Maximilian Robitzsch
Keyword(s):  
Human Nature ◽  
Social Contract ◽  
Contract Theory ◽  
Human Life ◽  
Social Contract Theory ◽  
Systematic Analysis ◽  
Political Consequences ◽  
The Social

Based on certain passages in Colotes, Hermarchus, and Horace, the Epicureans may be thought to defend a social contract theory that is roughly Hobbesian. According to such a view, human life without the social contract is solitary and brutish. This paper argues that such a reading is mistaken. It offers a systematic analysis of Lucretius’s culture story in On the Nature of Things v as well as the Epicurean passages that at first sight seem to contradict the Lucretian account. The conclusion of such an analysis is not only that all extant evidence is internally consistent, but also that Epicurean social contract theory relies on a ‘dynamic’ conception of human nature: On the Epicurean view, agents have very different psychological motivations when coming together to form societies and when coming together to form political and legal states.

Gendering the General Will: Frankenstein’s Breaches of Contract

2016 ◽  
Author(s):  
Zoe Beenstock
Keyword(s):  
Social Contract ◽  
Gender Inequality ◽  
Social Cohesion ◽  
Contract Theory ◽  
Social Contract Theory ◽  
Test Cases ◽  
General Will ◽  
The Social ◽  
And Gender ◽  
Creation Stories

As a sociable being that is barred from society, Frankenstein’s monster presents a sustained engagement with social contract theory’s major dilemma of whether individualism can produce sociability. The male creature’s isolation and inner disunity suggest that contract theory displaces men and is unable to concatenate even those members that should be eligible for full citizenship. Shelley focuses on the gender inequality of contract theory through her different creation stories of the creatures’ bodies. In Victor’s decision not to complete the female creature she rejects Wollstonecraft’s revisionist approach to Rousseau, and demonstrates that social contract theory cannot be rewritten to include women. Women are not defined as political subjects but do have independent wills. Therefore, they are potentially resistant to contract and a threat to political control. Contending with Wollstonecraft and Rousseau, and also Coleridge and Godwin, Shelley suggests that intertextual relations produce unpredictable results. The creatures are test cases for the social contract’s respective failures in terms of social cohesion and gender.

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