Contractual Constitutions
Arendt pointed out that social contract theory identified some elementary truths of democratic politics. What might be those elementary truths? The first is the need for public goods; the second the role of a two-level theory; and the third is the essential role of government in providing the conditions for social cooperation. Democratic contracts need to respect the requirements of political equality. However, this still leaves us with the problem of knowing what could be agreed among agents reciprocally situated. The empirical method suggests that we need to look to social conditions that embody the circumstances of impartiality. One such set of conditions is found in common property resource regimes, where power is roughly equal. Such regime exhibit various forms of equality, but they also suggest the need for participation as well as monitoring and sanctions. Large-scale societies need to incorporate conditions of open representation and effective deliberation if they are to exhibit the circumstances of impartiality. International contracts are best understood if the Grotian norms of traditional international relations are regarded as equivalent to the individualistic minimum of a domestic order, which needs a social contract to deal with externalities and provide international public goods. It is plausible to think that, in an interdependent world, mutual advantage may exhibit the logic of a universalization to humanity as an end in itself.