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.

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)

The conception of social relationships as contractual lies at the core of our ideology. Indeed, that core is constituted by the intersection of this conception with the correlative conceptions of human activity as appropriate and of rationality as utility-maximizing. My concern is to clarify this thesis and to enhance its descriptive plausibility as a characterization of our ideology, but to undermine its normative plausibility as ideologically effective.

Binmore argues that game theory provides a systematic tool for investigating ethical matters.

The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to target contract cheating, which could be enacted in most jurisdictions.We test our proposed new law against a number of issues (...) that would need to be considered before any legal approach could be successful; would changing the legal status of contract cheating make it less likely to happen? Could this be achieved in a specific way? If so, who should actually be prosecuted and what offence are they committing? Would it actually address the causes of contract cheating? We suggest some answers to these questions, but then also identify a number of unintended potential consequences. We therefore additionally consider whether a legal approach is possible or even desirable.We conclude that a legal approach to contract cheating is possible, and, on balance, appropriate. Using UK law as an example, we offer a specific suggestion to lawmakers, around the world, for how this might be achieved, and conclude that the most successful approach would be to focus largely on a law targeting the providers of contract cheating, in particular commercial services. (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)

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

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)

Research programs regularly compete to achieve the same goal, such as the discovery of the structure of DNA or the construction of a TEA laser. The more the competing programs share information, the faster the goal is likely to be reached, to society's benefit. But the "priority rule"—the scientific norm mandating that the first program to reach the goal in question receive all the credit for the achievement—provides a powerful disincentive for programs to share information. How, then, is the clash (...) between social and self interest resolved in scientific practice? This paper investigates what Robert Merton called science's "communist" norm, which mandates universal sharing of knowledge, and uses mathematical models of discovery to argue that a communist regime may be on the whole advantageous and fair to all parties, and so might be implemented by a social contract that all scientists would be willing to sign. (shrink)

Recent scholarship in philosophy, law, and information systems suggests that respecting privacy entails understanding the implicit privacy norms about what, why, and to whom information is shared within specific relationships. These social contracts are important to understand if firms are to adequately manage the privacy expectations of stakeholders. This paper explores a social contract approach to developing, acknowledging, and protecting privacy norms within specific contexts. While privacy as a social contract—a mutually beneficial agreement within a community about sharing (...) and using information—has been introduced theoretically and empirically, the full impact on firms of an alternative framework to respecting the privacy expectations of stakeholders has not been examined. The goal of this paper is to examine how privacy norms develop through social contract’s narrative, to redescribe privacy violations given the social contract approach, and to critically examine the role of business as a contractor in developing privacy norms. A social contract narrative dealing specifically with issues of privacy is an important next step in exploring a social contract approach to privacy. Here, the narrative is used to explain to analyze the dynamic process of privacy norm generation within particular communities. Based on this narrative, individuals within a given community discriminately share information with a particular set of obligations in mind as to who has access to the information and how it will be used. Rather than giving away privacy, individuals discriminately share information within a particular community and with norms governing the use of their information. Similar to contractual business ethics’ impact on global commerce in explaining how and why norms vary across global contexts, the social contract approach to privacy explains how and why norms vary across communities of actors. Focusing on agreements around privacy expectations shifts the responsibility of firms from adequate notification to the responsibility of firms as contractors to maintain a mutually beneficial and sustainable solution. (shrink)

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)

Leader behavioral integrity (BI) is central to perceived credibility and thus to leaders’ effectiveness at fostering ethical and other climates. Our research broadens the theoretical foundation for BI research by integrating the cognitive–attributional role of trust in the formation and maintenance of leader BI perceptions. Guided by recent research on trust primacy and prior theories of fairness used to examine ethical behavior, we examine how perceptions of leader BI can be either diminished or maintained through trust velocity following a psychological (...) contract breach. Using a field and an experimental study, we explore the manner in which followers perceive leader’s actions when conflicting interests lead to unfulfilled promises. We found that trust velocity mediates the relationship between a psychological contract breach and leader BI (study 1), and that informational justice moderates this relationship (study 2), suggesting that leaders can attenuate the impact of broken promises on ascribed BI. Our findings offer a pathway for leaders operating in dynamic contexts to preserve BI and also help address concerns that have been raised about the behavioral integrity construct regarding its conceptual overlap with related constructs such as trust, psychological contracts, and informational justice. (shrink)

By considering what we identify as a problem inherent in the ‘nature of the firm’—the risk of abuse of authority—we propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm with the general theory of justice. Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the (...) “basic structure.” Finally, we concur with Sen’s aim to broaden the realm of social justice beyond what he calls the ‘transcendental institutional perfectionism’ of Rawls’ theory. We maintain the contractarian approach to justice but introduce Sen’s capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes. (shrink)

Presents an historical analysis of social contract theory by considering the works of prominent philosophers.

Abstract:This paper develops a framework for examining decision making about ethical issues and tests the applicability of a social contract perspective. Using two separate samples of students and salespeople, we determine that community members (salespeople) tend to judge a potentially unethical act to constitute a violation of an implicit social contract and non-community members (students) do not. Also, consistent with the emphasis on context specificity of integrative social contracts theory, situational variables influence perceptions of ethicality for the community (...) members, but do not affect the perceptions of individuals outside the community. The study finds considerable support for the use of a social contractarian perspective in the study of decision-making processes about ethical issues. (shrink)

This chapter discusses the Rawlsian project of public reason, or public justification-based 'political' liberalism, and its reception. After a brief philosophical rather than philological reconstruction of the project, the chapter revolves around a distinction between idealist and realist responses to it. Focusing on political liberalism’s critical reception illuminates an overarching question: was Rawls’s revival of a contractualist approach to liberal legitimacy a fruitful move for liberalism and/or the social contract tradition? The last section contains a largely negative answer to (...) that question. Nonetheless the chapter's conclusion shows that the research programme of political liberalism provided and continues to provide illuminating insights into the limitations of liberal contractualism, especially under conditions of persistent and radical diversity. The programme is, however, less receptive to challenges to do with the relative decline of the power of modern states. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members (...) agree among themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be (re)interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. (...) Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas. (shrink)

This article develops contractarian business ethics by applying social contract arguments to a specific question: What are the pre-legal (or moral) rights and responsibilities of corporations? The argument uses a hypothetical social contract to show the existence of for-profit corporations in democratic capitalist societies is consistent with Rawls’s fundamental principles of justice. Corporations ought to have recognised their rights to be autonomous, to pursue private purposes, and to engage in economic activities. Corporations have a responsibility to respect the (...) freedom and human rights of all people, and not to interfere with government programs that ensure people have the education and training they need to find and keep corporate employment and that provide a safety-net that prevents destitution. If corporations have any other rights and responsibilities, those rights and responsibilities need to be established by actual social contracts, probably in the form of legitimate democratic processes. (shrink)

Feminists have long been aware of the pathology and the dangers of what are now termed “adaptive preferences.” Adaptive preferences are preferences formed in unconscious response to oppression. Thinkers from each wave of feminism continue to confront the problem of women's internalization of their own oppression, that is, the problem of women forming their preferences within the confining and deforming space that patriarchy provides. All preferences are, in fact, formed in response to a limited set of options, but not all (...) preferences are unconscious, pathological responses to oppression. Feminist theory therefore requires a method for distinguishing all preferences from adaptive or deformed preferences. Social contract theory provides such a tool. Social contract theory models autonomous preference-acquisition and retention at both the external level of causation and the internal level of justification. In doing so, social contract theory exposes preferences that do not meet those standards, acting as both a conceptual test that identifies adaptive preferences and as a practical tool for personal and social clarification. A social contract approach helps persons and societies to identify and to confront preferences rooted in unconscious response to oppression. (shrink)

Large-scale genetics cohort studies that link genotypic and phenotypic information hold special promise for clinical medicine, but they demand long-term investment and enduring trust from human research participants. Currently, there are a handful of large-scale studies that aim to succeed where others have failed, seeking to generate significant private-sector investment while preserving long-term interest and trust of studied communities. With project planners looking for new modes of managing such complex collective endeavors, the idea of using a charitable trust structure for (...) genomic biobanks has received increasing scholarly and policy attention. This article clarifies how thorny questions around property rights, the right to withdraw from research, access to materials, and funding might be handled within such a charitable trust structure to help produce a viable participatory framework for genomics. (shrink)

This article underlines and draws attention to critical insights Esposito makes regarding the prospects of rethinking community in a globalized world. Alongside Agamben and Nancy, Esposito challenges the property prejudice found in mainstream models of community. In identity politics, collective identity is converted into a form of communal property. Borders, sovereign territories, and exclusive rights are fiercely defended in the name of communal property. Esposito responds to this problem by developing what I call a “deontological communal contract” where being (...) and ethics are prioritized over having and economics. I examine this new perspective on community in relation to mainstream models found in contemporary and classical social theory. (shrink)

Friedman’s view on corporate social responsibility is often accused of being incoherent and of setting rather low ethical standards for managers. This paper outlines Friedman’s ethical expectations for corporate executives against the backdrop of the strong emphasis he puts on individual freedom. Doing so reveals that the ethical standards he imposes on managers can be strictly deduced from individual freedom and that these standards involve both deontological norms and the fulfillment of particular stakeholder expectations. These insights illustrate the necessity to (...) reconsider how Friedman’s approach relates to other important normative theories of business ethics. Contrasting Friedman’s approach with stakeholder theory and integrative social contract theory—when considering the importance he assigns to individual freedom—shows how and why these approaches differ. Still, the comparison also highlights striking similarities. This paper contributes to a better understanding of Friedman’s position—which is still one of the most influential approaches in business ethics research—because it enables a differentiated look at its strengths and weaknesses. (shrink)

ABSTRACT:Although business ethicists have theorized frequently about the virtues and vices of employee loyalty, the concept of loyalty remains loosely defined. In this article, we argue that viewing loyalty as a cognitive phenomenon—an attitude that resides in the mind of the individual—helps to clarify definitional inconsistencies, provides a finer-grained analysis of the concept, and sheds additional light on the ethical implications of loyalty in organizations. Specifically, we adopt the psychological contract perspective to analyze loyalty's cognitive dimensions, and treat loyalty (...) as an individual-level construction of perceived reciprocal obligations. Based upon this perspective, we present a three-tiered framework of loyalty that provides a psychologically informed definition of the concept, specifies the variety of obligation types that loyalty can imply, and anticipates the potential for asymmetrical loyalty configurations between employers and employees. We use the framework to articulate moral issues associated with both symmetrical and asymmetrical loyalty configurations and discuss the implications of the framework for theory and practice. (shrink)

This paper revisits the classical use of Nash bargaining to model the social contract by addressing the two central objections of John Rawls: the influence of threat advantage and the multiplicity of bargaining solutions. We introduce an innovative framework that applies an optimific moral rule, termed Pure Strategy Deontarianism (PSD), to the Nash Bargaining Game. PSD is a synthesis of Kantian deontology and utilitarian altruism. By applying PSD to the Nash bargaining game, we demonstrate how rational agents can normatively (...) select maximal disagreement points as rights, thereby equalizing bargaining power and aligning with Rawls’ first principle of justice. Furthermore, we derive the Kantian solution (KS) for surplus division from PSD, and prove that KS satisfies five key axioms of fairness - symmetry, Pareto optimality, scale invariance, strong monotonicity, and contraction consistency. We argue that KS is an ideal solution, since it does not always lie in the feasible set and so serves as an ideal benchmark that practical approximations like the Nash Bargaining Solution can approach. This synthesis not only offers a robust theoretical resolution to Rawls’ objections but also provides a structured methodology for integrating moral considerations into game-theoretic models of justice. (shrink)

This essay argues that Charles Mills’s normative vision for racial justice—a reformed, race-attentive liberalism—is fundamentally self-undermining because it embraces the liberal property form. Specifically, I show how Mills’s insistence on the practical utility of the property form for racial justice ignores both W.E.B. Du Bois’s signal warning about the reactionary power of propertied interests and how the hegemony of Lockean liberalism is a key mediator of racial/colonial domination in the United States. The essay first shows how Mills’s anti-racist, social democratic (...) liberalism relies on and legitimizes a property rights framework. I then analyze Du Bois’s critique of liberal abolition-democracy during Reconstruction, surfacing how white propertied interests constantly threaten progressive gains and social democratic change. Building on Du Bois, I argue that Mills’s reformed liberalism, by preserving the property form, places racial justice on an inherently unstable foundation while also excluding struggles for Indigenous sovereignty. Finally, I question Mills’s pragmatic argument for restricting racial justice to a reformed liberalism. Mills’s “Black radical liberalism” is not as straightforwardly practical as he suggests because of the deep historical hold of Lockean, rather than Kantian, liberalism. Here, I excavate how hegemony around Lockean liberalism in the United States has been periodically reconsolidated, looking at the interwar and Cold War context as well as the deeper influence of Locke on US constitutionalism. Ultimately, against a politics that restricts racial justice to a social democratic horizon, I contend that it is necessary to challenge the liberal property form in the pursuit of racial justice and Indigenous sovereignty. (shrink)

This paper provides a systematic and critical review of the existing literature on the phenomenon of ‘commercial contract cheating’ (CCC). Unlike some existing systematic reviews _generally_ on CCC, this paper focuses on the potential causes and suggested preventative measures specifically, intending to develop effective interventions on the basis of empirical insights. We reviewed primary studies with empirical data and systematic reviews focusing on higher education published between 2012 and 2020. A logic model is developed to graphically indicate the complex (...) and dynamic interplay between a variety of factors identified. Our inquiry reveals a highly specified, uncoordinated and fragmented research landscape that urgently needs integrated, holistic and critical reflection. It shows that the current research is still far from establishing causal relationships as the scholarship opts to reveal an abundance of contextual factors identified only, without probing the relational dynamics or striving for causality. A range of broad and tentative recommendations are proposed on that basis but are barely empirically examined. We also attend to lack of conceptual clarity and work towards a more inclusive and future-proof definition of CCC beyond assignment-based conceptualisation. It is argued that CCC should never be reduced to plagiarism (a natural inclination inspired by the plagiarism research tradition) nor neutralised as a legitimate business (a potential risk revealed mostly by the supply side research). As an interdisciplinary field, CCC should move beyond student perceptions of education cheating and affordability, while including more inquiries into the exploitative, predatory nature of the industry. (shrink)

The dynamic nature and increasing complexity of the construction industry have led to increased conflicts in construction projects. An accurate prediction of the outcome of a dispute resolution in courts could effectively reduce the number of disputes that would otherwise conclude by spending more money through litigation. This study aims to introduce a two-layered fuzzy logic model for predicting court decisions in construction contract disputes. 100 cases of construction contract disputes are selected from the courts of Iran. A (...) questionnaire survey is then conducted to extract a set of fuzzy rules for identifying important decision parameters and expert knowledge. Accordingly, a two-layered fuzzy logic-based decision-making architecture is proposed for the prediction model. Furthermore, the fuzzy system is trained based on 10-fold cross-validation. Analysis of results indicates that 51 out of the 100 cases are filed after the dissolution and termination of the contract show a significant impact of these clauses as the root cause in construction contract disputes. Our results present a proposed hierarchical fuzzy system that can correctly predict nearly 60% of the test data. Also, we demonstrate a methodology of using argument before ML to establish interpretable AI models. Based on our findings, a fuzzy model with a hierarchical structure may be used as a simple and efficient method for predicting court decisions in construction contract disputes. (shrink)

Purpose Students have direct access to academic ghost writers who are able to provide for their assessment needs without the student needing to do any of the work. These ghost writers are helping to fuel the international industry of contract cheating, raising ethical dilemmas, but not much is known about the writers, their business or how they operate. This paper aims to explore how the ghost writers market their services and operate, based on observable information. Design/methodology/approach This paper reviews (...) data from providers actively offering contract cheating services available to the public on Fiverr.com, a low-cost micro outsourcing site. The search term write essay is used to identify providers, finding 103 Gigs from 96 unique providers. Visible information, such as provider marketing, advertised services, pricing information and customer reviews, is analysed. Findings The results demonstrate that bespoke essays are readily available to students at a low cost. The majority of providers operate from Kenya. Revenue calculations indicate a price point of US$31.73 per 1,000 words, below the cost of traditional essay mills, but show that these 96 providers have generated around US$270,000 of essay writing business between them. Originality/value This study affords a look into a complex and established industry whose inner workings are normally kept private and for which little published information currently exists. The research adds to what is known about the extent, location and operation of the contract cheating industry. (shrink)

Epicurus held that justice came into being when individuals made compacts with one another to secure the benefit that comes from not harming one another. He also distinguished just laws from those that are not just; and he recognized a virtue of justice. This much is well supported by our evidence. There is also much that is controversial. At the very basis, there is disagreement on his conception of justice. There are also basic questions on how compacts are related to (...) the justice of laws, as well as to the virtue of justice. Plato and Aristotle severed compacts from virtue; and some modern thinkers consider the justice of institutions prior to that of individuals. What was Epicurus’ position? This paper will sketch an outline of Epicurus’ theory of justice as a path to the goal of a pleasant life. As Phillip Mitsis (1988) suggested, Epicurus sought to harmonize a contractual view of justice with the virtue of justice. My aim is to investigate further the coherence of this endeavor. As I will argue, Epicurus presents a unitary theory of justice, composed of a number of steps that develop out of each other in a consistent way. As a developmental path, it admits of much variation. By tracing its basic features, I seek to show how Epicurus puts individuals in charge of attaining their goal, pleasure. (shrink)