Modern Social Contract Theory

Author(s):  
Albert Weale

This book provides an exposition and evaluation of major work in social contract theory from 1950 to present. It locates the central themes of that theory in the intellectual legacy of utilitarianism, particularly the problems of defining principles of justice and of showing the grounds of moral obligation. Subsequently, it demonstrates how theorists responded in a novel way to the dilemmas articulated in utilitarianism, developing in their different approaches a constructivist method in ethics—a method that aimed to vindicate a liberal, democratic, and just political order. A distinctive feature of the book is its comparative approach. Each theory is placed in its particular intellectual context. Special attention is paid to the contrasting theories of rationality adopted by the different authors, whether that be utility theory or a deliberative conception of rationality, with the intention of assessing how far the principles advanced can be justified by reference to the hypothetical choices of rational contracting agents. The book also looks at some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method.

2021 ◽  
Vol 59 (1) ◽  
pp. 285-287

Hun Chung of Faculty of Political Science and Economics, Waseda University reviews “Modern Social Contract Theory” by Albert Weale. The Econlit abstract of this book begins: “Explores major work in social contract theory from 1950 to the present, focusing on the problems of defining principles of justice and demonstrating the grounds of moral obligation.”


Author(s):  
Albert Weale

For much of his professional career, Barry was not a contract theorist, and he relies on a number of elements from Scanlon’s construction. His general approach is built on a distinction he sees in theories of justice between those that rely on the idea that justice is agreement to mutual advantage and those that rely on the idea that justice is a matter of impartiality. His own theory is impartialist, but dispenses with the device of the veil of ignorance. Instead the contracting parties are assumed to reason with one another about the constitutional terms of their association, and all are allowed to veto proposals if those proposals and unreasonable. Unreasonable proposals are those that fail the test of avoiding absolute deprivation, relative deprivation, or failing to make provision for public goods. His anticipated theory of economic justice never materialized, and his derivation of a Rawlsian difference principle is only partially successful. However, it is possible to use the practical syllogism in a Barry set-up to derive a case for social insurance. More importantly, his principle contribution to social contract theory is his sketch of the empirical method, a method on which the future of social contract theory can be built.


Author(s):  
Albert Weale

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.


1975 ◽  
Vol 69 (2) ◽  
pp. 615-629 ◽  
Author(s):  
James Fishkin

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.


1988 ◽  
Vol 5 (2) ◽  
pp. 1-16 ◽  
Author(s):  
Gilbert Harman

Gauthier's title is potentially misleading. The phrase “morals by agreement” suggests a social contract theory of morality according to which basic moral principles arise out of an actual or hypothetical agreement. John Rawls defends a hypothetical agreement version, arguing that the basic principles of justice are those that would be agreed to in an initial position of fair equality. I myself defend an actual agreement version, arguing that the moral principles that apply to a person derive from implicit conventions the person has accepted in dealing with other people. Gauthier's view is different from either of these sorts of contract theory. Instead, he holds that certain basic principles of impartiality are prior to actual agreements.


Res Publica ◽  
2021 ◽  
Author(s):  
Stefan Voigt

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.


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

2018 ◽  
Vol 18 (2) ◽  
pp. 134-146
Author(s):  
Andi Chandra Jaya

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


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