I shall argue that software agents can be attributed cognitive states, since their behaviour can be best understood by adopting the intentional stance. These cognitive states are legally relevant when agents are delegated by their users to engage, without users’ review, in choices based on their the agents’ own knowledge. Consequently, both with regard to torts and to contracts, legal rules designed for humans can also be applied to software agents, even though the latter do not have rights and duties (...) of their own. The implications of this approach in different areas of the law are then discussed, in particular with regard to contracts, torts, and personality. (shrink)

The ventricular pressure profile is characteristic of the cardiac contraction progress and is useful to evaluate the cardiac performance. In this contribution, a tissue-level electromechanical model of the left ventricle is proposed, to assist the interpretation of left ventricular pressure waveforms. The left ventricle has been modeled as an ellipsoid composed of twelve mechano-hydraulic sub-systems. The asynchronous contraction of these twelve myocardial segments has been represented in order to reproduce a realistic pressure profiles. To take into account the different energy (...) domains involved, the tissue-level scale and to facilitate the building of a modular model, multiple formalisms have been used: Bond Graph formalism for the mechano-hydraulic aspects and cellular automata for the electrical activation. An experimental protocol has been defined to acquire ventricular pressure signals from three pigs, with different afterload conditions. Evolutionary Algorithms have been used to identify the model parameters in order to minimize the error between experimental and simulated ventricular pressure signals. Simulation results show that the model is able to reproduce experimental ventricular pressure. In addition, electro-mechanical activation times have been determined in the identification process. For example, the maximum electrical activation time is reached, respectively, 96.5, 139.3 and 131.5 ms for the first, second, and third pigs. These preliminary results are encouraging for the application of the model on non-invasive data like ECG, arterial pressure or myocardial strain. (shrink)

The ventricular pressure profile is characteristic of the cardiac contraction progress and is useful to evaluate the cardiac performance. In this contribution, a tissue-level electromechanical model of the left ventricle is proposed, to assist the interpretation of left ventricular pressure waveforms. The left ventricle has been modeled as an ellipsoid composed of twelve mechano-hydraulic sub-systems. The asynchronous contraction of these twelve myocardial segments has been represented in order to reproduce a realistic pressure profiles. To take into account the different energy (...) domains involved, the tissue-level scale and to facilitate the building of a modular model, multiple formalisms have been used: Bond Graph formalism for the mechano-hydraulic aspects and cellular automata for the electrical activation. An experimental protocol has been defined to acquire ventricular pressure signals from three pigs, with different afterload conditions. Evolutionary Algorithms have been used to identify the model parameters in order to minimize the error between experimental and simulated ventricular pressure signals. Simulation results show that the model is able to reproduce experimental ventricular pressure. In addition, electro-mechanical activation times have been determined in the identification process. For example, the maximum electrical activation time is reached, respectively, 96.5, 139.3 and 131.5 ms for the first, second, and third pigs. These preliminary results are encouraging for the application of the model on non-invasive data like ECG, arterial pressure or myocardial strain. (shrink)

Introduction -- "Every Legitimate Government is Republican": Rousseau's Debt to and Departure from Montesquieu on Republicanism -- What if There is no Legislator? Rousseau's History of the Government of Geneva -- Rousseau's Republican Citizenship: The Moral Psychology of The Social Contract -- Rousseau's negative liberty: Themes of domination and skepticism in The Social Contract -- Rousseau's Ancient Ends of Legislation: Liberty, Equality (& Fraternity) -- Property and Possession in Rousseau's Social Contract -- Political Equality Among Unequals -- (...) On the Primacy of Peoplehood: Nations and Nationalism in Rousseau's Social Contract -- Rousseau on Voting and Electoral Laws -- Rousseau and the puzzle of the Roman Republic -- Rousseau's Case against Democracy -- Rousseau's Dilemma or "Of Civil Religion" -- Entreating the Political: Politics and Theology in Rousseau's Social Contract -- Civil Religion and Political Unity: Social Contract 4.8. (shrink)

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law? Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice.

"No human now gathers for himself or herself the essential resources for life: food, shelter, clothing, and the like. Humans are obligate co-operator, and this has been true for tens of thousands of years; probably much longer. In this regard, humans are very unusual. Cooperation outside the family is rare: though it can be very profitable, it is also very risky, as cooperation makes an agent vulnerable to incompetence and cheating. This book presents a new picture of the emergence of (...) cooperation in our lineage, developing through four fairly distinct phases from a baseline that was probably fairly similar to living great apes, who cooperate, but in fairly minimal ways. As adults, they rarely depend on others when the outcome really matters. This book suggests that cooperation began to be more important for humans through an initial phase of cooperative foraging generating immediate returns from collective action in small mobile bands. This established in our lineage about 1.8 million years ago, perhaps earlier. Over the rest of the Pleistocene, cooperation became more extended in its social scale, with forms of cooperation between bands gradually establishing, and in spatial and temporal scale too, with various forms of reciprocation becoming important. The final phase was the emergence of cooperation in large scale, hierarchical societies in the Holocene, beginning about 12,000 years ago. This picture is nested in a reading of the archaeological and ethnographic record, and twinned to an account of the gradual elaboration of cultural learning in our lineage, making cooperation both more profitable and more stable"--. (shrink)

Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the (...) university and the student subsequently confirmed that they had contracted the work out. Microsoft Word documents use a format known as Office Open XML Format, and as such, it is possible to review the editing process of a document. A student submission known to have been contracted out was analysed using the revision identifiers within the document, and a tool was developed to review these identifiers. Using visualisation techniques it is possible to see a pattern of editing that is inconsistent with the pattern seen in an authentic document. (shrink)

Revolutionary in its own time and controversial to this day, this work is a permanent classic of political theory and a key source of democratic belief. Rousseau's concepts of "the general will" as a mode of self-interest uniting for a common good, and the submission of the individual to government by contract inform the heart of democracy, and stand as its most contentious components today. Also included in this edition is Rousseau's Discourse on Political Economy", a key transitional work (...) between his Discourse on Inequality and The Social Contract. This new translation offers fresh insight into a cornerstone of political thought, which is further illuminated by a comprehensive introduction and notes. (shrink)

Game theory based on rational choice is compared with game theory based on evolutionary, or other adaptive, dynamics. The Nash equilibrium concept has a central role to play in both theories, even though one makes extremely strong assumptions about cognitive capacities and common knowledge of the players, and the other does not. Nevertheless, there are also important differences between the two theories. These differences are illustrated in a number of games that model types of interaction that are key ingredients for (...) any theory of the social contract. (shrink)

Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their 'license to operate.' The appearance of these trends in (...) individual and organizational behavior towards outcomes that are more explicitly congruent with ethical and social values has significant implications for understanding the psychological contracts being created today. In this paper, we examine issues associated with the psychological contract and ethical standards of behavior, focusing on both the individual and organizational levels. (shrink)

Rights claims are ubiquitous in modernity. Often expressed when relatively weaker agents assert claims against more powerful actors, especially against states and corporations, the prominence of rights claims in organizational contexts creates a challenge for virtue-based approaches to business ethics, especially perspectives employing MacIntyre’s practices–institutions schema since MacIntyre has long been a vocal critic of the notion of human rights. In this article, I argue that employee rights can be understood at a basic level as rights conferred by the rules (...) constitutive of practices. As such, employee rights correspond to the obligations of practitioners to treat fellow practitioners according to the standards of excellence and requirements of justice. Thus, one way that managers can ensure that their core practice is well-functioning is to recognize employee rights. One implication of this argument is that managers should adopt a more positive stance toward labor unions, insofar as they are a key way for employees to ensure that their voice is heard, and their rights respected. (shrink)

The psychological contract refers to the implicit and subjective beliefs regarding a reciprocal exchange agreement, predominantly examined between employees and employers. While contemporary contract research is investigating a wider range of exchanges employees may hold, such as with team members and clients, it remains silent on a rapidly emerging form of workplace relationship: employees’ increasing engagement with technically, socially, and emotionally sophisticated forms of artificially intelligent (AI) technologies. In this paper we examine social robots (also termed humanoid robots) (...) as likely future psychological contract partners for human employees, given these entities transform notions of workplace technology from being a tool to being an active partner. We first overview the increasing role of robots in the workplace, particularly through the advent of sociable AI, and synthesize the literature on human–robot interaction. We then develop an account of a human-social robot psychological contract and zoom in on the implications of this exchange for the enactment of reciprocity. Given the future focused nature of our work we utilize a thought experiment, a commonly used form of conceptual and mental model reasoning, to expand on our theorizing. We then outline potential implications of human-social robot psychological contracts and offer a range of pathways for future research. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility, meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper, in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as a way to implement the social (...) class='Hi'>contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation, the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

The purpose of the study is to reveal the stages and content of experimental work on the spiritual and moral education of contract servicemen in the army environment. The article focuses on the presence of certain patterns in the assimilation of spiritual and moral qualities by contract servicemen, which formed the basis of the tested method of spiritual and moral education. The scientific novelty lies in the substantiation and experimental verification of the methodology for the spiritual and moral (...) education of contract servicemen in the socio-cultural army environment, based on the consistent formation of the ideals and values of their centuries-old domestic and military culture. As a result of the study, a positive dynamics of the level of formation of spiritual and moral qualities among contract servicemen at the control stage was revealed, which proves the effectiveness of the developed methodology. (shrink)

Recent rapid advances in Artificial Intelligence (AI) and Machine Learning have raised many questions about the regulatory and governance mechanisms for autonomous machines. Many commentators, scholars, and policy-makers now call for ensuring that algorithms governing our lives are transparent, fair, and accountable. Here, I propose a conceptual framework for the regulation of AI and algorithmic systems. I argue that we need tools to program, debug and maintain an algorithmic social contract, a pact between various human stakeholders, mediated by machines. (...) To achieve this, we can adapt the concept of human-in-the-loop (HITL) from the fields of modeling and simulation, and interactive machine learning. In particular, I propose an agenda I call society-in-the-loop (SITL), which combines the HITL control paradigm with mechanisms for negotiating the values of various stakeholders affected by AI systems, and monitoring compliance with the agreement. In short, ‘SITL = HITL + Social Contract.’. (shrink)

Drawing on theories of social exchange and social information processing, we examined whether the influence of psychological contract breach on in-role performance and organization-directed citizenship behavior (OCBO) depends work group climate levels, specifically procedural justice climate and power distance climate. The findings supported our hypothesis that psychological contract breach exhibits a stronger influence on in-role performance and OCBO among members of units with favorable procedural justice climates. Support for a hypothesized moderating role of power distance climate was less (...) conclusive. We discuss the implications of our model and findings for theories of employee-organization relationships and practice. (shrink)

Do people have obligations by virtue of the fact that a given country is their country? Actual contract theory says they do because they have agreed to act in certain ways. Contemporary philosophers standardly object in terms of the 'no agreement' objection and the 'not morally binding' objection. I argue that the 'not morally binding' objection is not conclusive. As for the 'no agreement' objection, though actual contract theory succumbs, a closely related plural subject theory of political obligation (...) does not. Plural subject theory may be the truth in actual contract theory and should be explored in its stead. (shrink)

Philosophers and social scientists have recently turned to game theory and agent-based models to better understand social contract formation. The stag hunt game is an idealization of social contract formation. Using the stag hunt game, we attempt to determine what, if any, barrier diversity is to the formation of an efficient social contract. We uncover a deep connection between tolerance, diversity, and the social contract. We investigate a simple model in which individuals possess salient traits and (...) behave cooperatively when the difference between their trait and the trait of their counterpart is less than their ‘tolerance level’. If traits are fixed and correspond to permanent or semipermanent features of the individual, such as religion or race, social contract formation is a remote possibility. If traits are malleable, social contract formation is possible but comes at the steep cost of diversity and tolerance, that is, individuals are unwilling to cooperate with those much different from themselves. Yet homogeneity and intolerance are not a long-term feature of the population. Over time mutations allow for increasingly tolerant agents to prosper, thereby ushering in trait diversity. In the end, all reap the benefits of cooperation. (shrink)

Business organizations in their work environment, aspire to create a high level of performance and low levels of absenteeism and turnover. Organizational commitment is considered a key factor in achieving this objective, however, it can be conditioned by several factors, among which is the psychological contract. The literature has related the organizational commitment with the fulfillment of the psychological contract framing it as one of the explanatory variables. This work aims to investigate research trends on psychological contract (...) and organizational commitment. For this purpose, bibliometric techniques and the software SciMAT have been used. 220 journal articles indexed in Web of Science (WoS) were analyzed. The findings indicate that the theme chosen for this review is valid. Based on the relationship between the two concepts, as the most recurrent themes, issues such as the sense of justice and the consequences of the violation of the psychological contract, normative commitment, HR management or job insecurity are addressed. However, in the last period analyzed (2015–2018), publications related to more sensitive topics to the present time emerge, such as the employability or the impact of these two concepts in the new generations (millennial and generation-Y) or the retention of talent. On the other hand, shortcomings are detected in the research on the ideologically charged psychological contract, the analysis of the organizational context or cultural and demographic factors in relation to both theoretical constructs. The contribution of this work lies in giving visibility to scientific results, which will serve business organizations as instruments for decision making in their labor management and, for the scientific community, as knowledge of the research spaces to explore. (shrink)

White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, (...) socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along. (shrink)

As a fiqh (Islamic jurisprudence) term, the concept of “ignorance” ex-presses uncertainties in legal transactions and, in Islamic law, is accepted as a situation that negatively impacts the legitimacy of contracts. If the sale is deferred, clarification of the delivery time of the price to be paid for the goods sold, the number of installments, etc. during the contract is considered essential for the validity of the transactions in order not to damage the principle of mutual consent in purchase (...) and sale transactions and to avoid conflicts between the parties. However, not every uncertainty is considered an obstacle to the validity of the contract, and minor uncertainties that do not lead to disputes are tolerated. The fiqh sources of four Islamic sects contain many examples of these uncertainties. This study firstly examines the effect of ignorance on the validity of purchasing contracts in Islamic law using the issues in classical fiqh sources and then analyses the housing sales contract of TOKI’s (housing development administration of Turkey) “my first house social housing project” in this context from a fiqh perspective. In addition, the study addresses the related housing sales contract in terms of the juristic preference method by considering the aspect of meeting an important need of society and realizing the purpose of this project. Then, while evaluating the issue from a juris-prudential point of view, the study discusses that the absolute and strict interpretation of the rule of “ignorance renders the contract void,” which is adopted by ignoring the public interest, does not produce favorable results. (shrink)

I examine Rousseau’s claim that any given will can be either itself or another, and cannot be commuted , through an investigation of liberty and legitimacy in The Social Contract, with respect to which Rousseau elaborates his notion that we prescribe laws to ourselves. Through an examination of the logic of the general will, I attempt to show that, while the theory of legitimacy is radical, it is faced with serious problems that concern the identification of the we that (...) is supposed to be prescribing laws to itself, and that when we are supposedly doing so, the identity of the will is far from clear. As soon as you are obliged to see with others’ eyes, their wills must be your own. — Rousseau, Emile. (shrink)

Here a group of philosophers, economists and political theorists discuss the work of David Gauthier, which seeks to show that rational individuals would accept certain moral constraints on their choices. The possibilities and limitations of a contractarian approach to issues of justice is analyzed.

An argument that anyone can pursue political agency and resistance through photography, even those with flawed or nonexistent citizenship.

Abstract:This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics (CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist (...) and method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

The debate about the appropriate standards for upstream corporate social responsibility of multinational corporations has been on the public and academic agenda for some three decades. The debate originally focused narrowly on “contract responsibility” of MNCs for monitoring of upstream contractors for “sweatshop” working conditions violating employee rights. The authors argue that the MNC upstream responsibility debate has shifted qualitatively over time to “full producer responsibility” involving an expansion from “contract responsibility” in three distinct dimensions. First, there is (...) an expansion of scope from working conditions to human rights and social and environmental impacts broadly defined. Second, there is expansion in depth of this broader responsibility to the whole upstream supply chain without regard to contracting status. Upstream responsibility now includes all suppliers, including direct contractors and the chain of suppliers to such contractors. Finally, the change in CSR scope and depth has led to an evolution of CSR management practice. (shrink)

The constitutions of many nations have been explicitly or implicitly founded upon principles of the social contract derived from Thomas Hobbes. The Hobbesian egoism at the base of the contract fairly accurately represents the structure of market enterprise. A contractarian analysis may, then, allow for justified or rationally acceptable universal standards to which businesses should conform. This paper proposes general rational restrictions upon multi-national enterprises, and includes a critique of unjustified restrictions recently proposed by the Organization for Economic (...) Cooperation and Development (OECD). I propose restrictions that may be tighter than the OECD and international law currently demand, because reason requires that the activities of enterprises accord with standards of environmental and governmental sustainability in addition to consortium, national law and international law agreements. I argue that it is justifiable that indictments may be presented by a citizen or a government against the local arm of a multinational enterprise in response to violations committed by an arm within a different country. (shrink)

This paper examines how philosophy of education textbooks present Jean-Jacques Rousseau’s views on women and socialization. It reviews ten texts, involving nine authors, and finds that they generally focus on the concepts of Nature, Negative Education, and Child Development from Books I-III of Emile, but severely restrict mentioning its Book V and The Social Contract. While these results implicitly reflect Rousseau’s historical influence on “progressive” educators, they do not seriously attend to well-established critiques of Rousseau’s sexism and omit acknowledging (...) his intent that Emile’s Negative Education in Nature leads toward his socialization in the General Will. (shrink)

Future technological developmentsconcerning food, agriculture, and theenvironment face a gulf of social legitimationfrom a skeptical public and media, in the wakeof the crises of BSE, GM food, and foot andmouth disease in the UK (House of Lords, 2000). Keyethical issues were ignored by the bioindustry,regulators, and the Government, leaving alegacy of distrust. The paper examinesagricultural biotechnology in terms of a socialcontract, whose conditions would have to be fulfilled togain acceptance of novel applications. Variouscurrent and future GM applications areevaluated against these (...) conditions. Successwould depend critically on how far a sharedvision can be found with the public. Tore-establish trust, significant changes areidentified in the planning and pursuit ofbiotechnology. (shrink)

Ryan Muldoon has recently advanced an interesting and original bargaining model of the social contract as an alternative to Rawlsian social contract theory and political liberalism. This model is s...

In this paper, we explore Cassirer’s view of social contract theory. We maintain that Cassirer has established a linguistic turn of social contract theory, by exploring the conditions for the possibility of a promise. For that purpose Cassirer’s theory of the linguistic sign, as inspired by the linguistic theory of Wilhelm von Humboldt, becomes decisive, because of its specific nature and direction into the future. First, in Section 1, we explore previous social contract theorists, from Nicholas von (...) Cusa to Immanuel Kant. In Section 1, as a result, we establish the concept of the promise as the core concept of social contract theory, and as the fundamental philosophical problem conveyed by the natural lawyers. Moreover, in Section 2, we investigate the conditions for the possibility of a promise, and relate it to the symbolic nature of the human being. The promise, hence the capacity to enter into a contract, becomes a characteristically human activity, hence an expression of human dignity. (shrink)

This second paper explores psychiatrists’ ethical obligations in the face of the failure of the social contract – inherent failures in distributive justice, the failure of the sovereign and the reconstitution of the social contract in post-conflict societies. Such situations present many sources of ethical tension between the professional ethical obligations of psychiatrists to their individual patients and to their society.

This article is extracted from a forthcoming book, ‘Natural Justice’. It is a nontechnical introduction to the part of game theory immediately relevant to social contract theory. The latter part of the article reviews how concepts such as trust, responsibility, and authority can be seen as emergent phenomena in models that take formal account only of equilibria in indefinitely repeated games. Key Words: game theory • equilibrium • evolutionary stability • reciprocity • folk theorem • trust • altruism • (...) responsibility • authority. (shrink)

In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These ways and states (...) of Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (shrink)

In this article, inspired by Whiteness Studies, I propose two concepts that allow us to see the question of ethnicity as well as the history of the Turkish Republic through the lens of privilege: Turkishness and the Turkishness Contract. By Turkishness, I mean a patterned but mostly unrecognized relationship between Turkish individuals’ ethnic position and their ways of seeing, hearing, feeling and knowing – as well as not seeing, not hearing, not feeling and not knowing. These ways and states (...) of Turkishness have been shaped by a set of written/unwritten and spoken/unspoken agreements among the Muslims of Anatolia. However, during the last 40 years, the Kurdish movement, by creating a military and civilian resistance with mass support, has challenged the fundamentals of the contract and therefore caused a dramatic crisis of identity and selfhood for Turkishness. (shrink)

This study explores the legal and ethical issues associated with contract pricing. In particular, it focuses on a set of legal precedents which have addressed the enforceability of allegedly unfair contract prices. Traditionally, the common law has emphasized the consent of the parties. If the parties consented to a given price; it is presumptively fair and enforceable. The cases reviewed in this study, however, seem to draw upon alternative moral conceptions of fairness not normally associated with the common (...) law. The analysis begins by distinguishing the traditional legal conception of fairness from alternative moral conceptions. The cases are then read with a critical eye so as to tease out the underlying principles which best explain them. The analysis illustrates that, notwithstanding judicial rhetoric to the contrary, the courts continue to employ the traditional legal notion of fairness, to the exclusion of alternative moral concerns. The study clarifies an otherwise murky area of the law and illustrates that the legal meaning of fairness differs greatly from the moral one. (shrink)