Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this bargaining (...) solution, the baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

A theory of morality acceptable to humanists must be one that can be accepted independently of religion. In this paper, I argue that while there is such a theory, it is a non-standard one, and its acceptance would have some far-reaching consequences. As one might expect, the theory is similar to others in various ways. But it is not the same as any of them. Indeed, it is a radically new theory. Like Hume’s ethics, it is founded on our natural (...) sociability, and feelings of empathy for others. Like Aristotle’s theory, it incorporates an ethics of virtue. Like Kant’s theory, it regards the set of moral principles as those appropriate for a socially ideal society. But unlike Kant’s theory, it is essentially utilitarian. I call it ‘social contractual utilitarianism’. (shrink)

In this paper, I explain why people seeking to flourish together fairly in the im- perfect world we share today ought to support a universal carbon tax with no exception for international aviation. The argument proceeds in four steps. First, I provide a free-standing analysis of emissions behavior at the individual moral level. Second, I offer a picture of ideal and non-ideal coordination based mostly on Kantian social contract theory. Third, I argue that in a non-ideal context, moral signals (...) about right relation offer a coordinating fulcrum around which meaningful if only partly coordinated action is possible. Fourth, I apply these conclusions to the case of aviation exceptionalism, focusing especially on instances of incomplete, overlapping, partly coordinated climate actions. I conclude that these arguments together amount to a case for reversing the Chicago Convention and applying a universal carbon tax that does not exclude international flights, ending aviation exceptionalism. (shrink)

An appeal to philosophers who believe in social contract theory to revise their thinking in fundamental ways. In particular, it calls upon them to take corporations -- especially transnational corporations -- more seriously in their speculations on the "just state" than they have up till now. Why? Because transnational corporations today exercise de facto sovereignty--a sovereignty that always influences, sometomes equals, and often overpowers the sovereignty of nation states. (Excerpted from Paul Durbin's detailed analysis of book in 2006.).

Moderata Fonte's dialogueThe Worth of Women(1600) contains stinging critiques of marriage and the dowry system as well as of women's inequality. I argue that Fonte's critique of male dominance, particularly in marriage, employs a modern method of argument, which anticipates the later contractarian critiques of political authority. Given that women are naturally men's equals, Fonte argues that men's de facto authority over women is illegitimate and based on force. Moreover, by treating marriage as an artificial institution rather than as (...) a natural institution, Fonte anticipates later feminist arguments that criticize the modern contract tradition for its failure to extend its critique of other forms of authority to patriarchal marriage, instead positing a natural basis for women's subordination to men. In light of this history, Fonte's critique of patriarchy is especially interesting: it challenges the patriarchal family structure and the institutions that collude to diminish women's agency, and this challenge to male authority is similar to later (male) challenges to de facto political authority. (shrink)

The title of this special topic in RMM is borrowed from a 1978 paper of Hillel Steiner in which he argues against Robert Nozick's invisible hand conception of the emergence of the state. Steiner believes that central institutions of social order such as money and government need some form of conscious endorsement by individuals to emerge and to persist over time. -/- Tony de Jasay's critique (in Philosophy 85, 2010) of Bob Sugden's plea for a Humean version of contractarianism (...) (see RMM, Vol 0) motivated us, to take this old – but still central – theme of the debate on the origin of social order as one starting point in a new attempt to evaluate the idea of a social contract). -/- Within the 35 years since the publication of Hillel Steiner's paper different advances have been made in economics and philosophy that may well shed some new light on some of the fundamental issues in the debate about a contractarian conception of social order. These make us confident that a new attempt to explore the contractarian idea is well worthwhile. -/- Those who first motivated this project, Hillel Steiner, Anthony de Jasay, and Robert Sugden, as well as a number of other renowned scholars confirmed to contribute. The special topic will actually start with a previously unpublished paper by Hillel Steiner, originally written in 1986, in which he extends and elaborates on his argument about money from the 1978 paper, and with an original article by Anthony de Jasay, in which he further clarifies his worries. A response by Robert Sugden will follow. Further contributions will discuss the matter by reference to the roots of the debate in seventeenth and eighteenth century philosophy or to recent advancements in economics, the behavioral sciences or in social philosophy. Some of the contributions confirmed are already in a very elaborated stage and ready to be published soon. They are announced here right from the start and – for the time being – marked as 'to appear'. -/- As always, the special topic is an open ended project and further contributions will be considered; please send your submission to [email protected] (see 'How to Submit' for details). Also, readers are invited to submit shorter comments for the discussion section, which may be published after an abridged refereeing process. (shrink)

David Gauthier a dit un jour que le contrat social constitue la seule option permettant de parvenir à une morale rationnelle. Je soutiens qu’il a raison. La morale se compose de règles notionnelles visant tout le monde, partout. Seuls les individus sont rationnels, et ils ont des intérêts divers. Le contrat social propose des principes auxquels chacun, compte tenu de sa situation sociale et environnementale, consent bien qu’ils limitent les activités par lesquelles chacun poursuit ses buts. Il n’existe (...) aucun autre moyen rationnel de comprendre la morale; c’est donc bien la seule option possible. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250Nicholas K. RauhJean-Jacques Aubert. Business Managers in Ancient Rome: A Social and Economic Study of Institores, 200 B.C.–A.D. 250. Leiden, New York, and Köln: E. J. Brill, 1994. xvi + 520 pp. Cloth, Gld. 220, $125.75 (US). (Columbia Studies in the Classical Tradition, Volume XXI.)Aubert’s declared purpose in this study is to (...) examine the world of Roman business managers (institores)—their social background and status, their role as managers within business enterprises, and their ensuing relations with workers, entrepreneurs, suppliers, and customers. He pursues these themes through five chapters. Chapter 1, “Business Agents and Business Managers,” explores developments in the use and meaning of the term institor through the legal, literary, papyrological, and epigraphical source materials of Republican and Imperial Rome. Chapter 2, “Indirect Agency in Roman Law,” examines the evolution of the Roman laws of indirect agency (particularly the actiones adiecticiae qualitatis) from their inception through the classical jurists to show how Roman law was adjusted to accommodate the needs of the business community. Chapter 3, “Managers of Agricultural Estates,” traces the roots of the Roman system of indirect agency to the management of agricultural estates and to the exploitation of natural resources such as clay, quarries, and manufacturing activities on the Roman farmstead. Chapter 4, “Production and Distribution of Clay Artifacts,” examines the manager’s role in the organization of various types of workshops producing clay artifacts—bricks and tiles, amphoras, terra sigillata, and terracotta lamps—and the subsequent marketing of this production. Chapter 5, “Direct Management and Public Administration: Four Case Studies,” investigates how the vilicus-based system of management became adapted to four areas of [End Page 501] the economy and administration of the Roman empire—imperial tax collection (vectigalia), recreational facilities (including baths, libraries, theaters, amphitheaters, and circuses), the imperial communications system (roads, post, and transport services), and the imperial mint. This cursory outline of A.’s intentions serves to demonstrate the breadth and importance of the task he assumes. In my opinion he handles this with a tremendous degree of authority and even-handedness.A.’s overarching theses are 1) that indirect agency emerged through the increasing absentee management of Roman farm operations and the delegation of Roman estate management to the agent known as the vilicus, 2) that regardless of the type of industry, most managerial operations exploited the practical efficiency and accountability of this vilicus-based system, and 3) that overall developments in Roman business management progressed from a more restrictive reliance on agents directly subservient to the entrepreneur (generally young slaves or family members under the direct potestas of the proprietor) to a more liberal reliance on managers enjoying looser personal connections—freedmen, servi alieni, and freeborn nonrelatives whose services were ensured by the terms of consensual contracts. One of the main points of the first chapter, for example, is the limited quantity of information there is available for institores and the generally derogatory tone it bears. We learn later on that institores were, in fact, relatively few in number and ill-liked precisely because they were so independent (175), and that far more business managers are recorded as vilici precisely because entrepreneurs could more firmly control them.A. argues that due to its extreme formalism rooted in the archaic period, Roman law lacked the concept of direct agency, and that the praetor responded to the needs of businesspeople by creating a legal system based on existing structures of Roman society (slavery and family) with advantages similar to those direct agency could otherwise have offered. With respect to the vilicus-based managerial system this was achieved through the legal fiction of the peculium, “the juristic existence of fictitious assets pertaining de facto to the dependent, but belonging de iure to the principal” (65). Terms of employment and guarantees of liability were inherently trickier for nondependent business agents and evolved during the second and first centuries b.c. through increased reliance on formulary procedure, and particularly through the development of consensual agreements. In this regard A. stresses the importance of the emergence of the... (shrink)

Alan Reynolds: This paper is divided into three sections. First, I describe the wide plurality of views on issues of animal ethics, showing that our disagreements here are deep and profound. This fact of reasonable pluralism about animal ethics presents a political problem. According to the dominant liberal tradition of political philosophy, it is impermissible for one faction of people to impose its values upon another faction of people who reasonably reject those values. Instead, we are obligated to justify our (...) political actions to each other using reasons that everyone can accept. Thus, in the second section I suggest that our condition of reasonable pluralism inspires us to turn toward some form of contractarianism. The social contract tradition emerged precisely as an attempt to think about how a society characterized by deep moral disagreement could nonetheless agree about the basic principles of justice. I will show, in this section, that although the social contract tradition would seem to contain the best tools for thinking about how to deal with moral disagreement, it fails to help us think through the important issues of animal ethics. In the concluding section, I suggest some ways in which political philosophy might move beyond contractarianism when thinking about this issue, including embracing an agonistic style of politics. -/- Cet article est divisé en trois sections. Tout d’abord, je décris la grande pluralité des opinions existant sur les questions de l’éthique animale, montrant que nos désaccords sur le sujet sont profonds. Cette réalité du pluralisme raisonnable en matière d’éthique animale pose un problème politique. Selon la tradition libérale dominante de la philosophie politique, une faction de personnes ne peut imposer ses valeurs à une autre faction qui rejette raisonnablement ces valeurs. Au lieu de cela, nous sommes obligés de justifier nos actions politiques en utilisant des raisons que tout le monde peut accepter. Ainsi, dans la seconde section, je suggère que notre condition de pluralisme raisonnable nous mène à une forme de contractualisme. La tradition du contrat social est justement apparue comme une tentative de réfléchir à la façon dont une société caractérisée par un profond désaccord moral peut néanmoins s’entendre sur les principes fondamentaux de la justice. Dans cette section, je montre que, bien que la tradition du contrat social semble offrir les meilleurs outils pour définir la manière de traiter le désaccord moral, elle ne parvient pas à nous aider à réfléchir aux questions essentielles de l’éthique animale. Dans la dernière section, je suggère quelques façons susceptibles de permettre à la philosophie politique de dépasser le contractualisme dans sa réflexion sur cette question, ceci comprenant l’adoption d’un style de politique agonistique. (shrink)

ABSTRACT This article provides a criticism of the apolitical starting point of social contract theories through the analysis of Rawls's original position and Habermas's idea of complex society, arguing that such depoliticized starting point leads to the refusal of the centrality of social struggles between classes as the basis of streamlining social evolution and institutional constitution. In order to achieve political agreement, it erases and even eliminates the struggles between social classes, the status quo and the (...) social-political differences between social groups as the core of societal and institutional configuration. Moreover, it leads to strong institutionalism-the centrality of the formal spheres and subjects in relation to informal spheres and subjects. Therefore, the political consequences of a depoliticized or apolitical starting point are threefold: the depoliticization of social struggles between opposed social classes, the strong institutionalism by the emphasis in the depoliticized institutions and in the rule of law, and the weakening of a democratic political praxis performed by social movements and citizen initiatives from a direct contraposition and even substitution of the institutions, their proceduralism and legal staff with the spontaneous politicalcultural praxis of these social movements and citizen initiatives. The great problem and challenge of contemporary democratic societies, namely the correlation between strong institutionalism, political parties and economic oligarchies, cannot be resolved from the juridical-political procedural paradigm's emphasis on institutionalism and the rule of law, but only by a reaffirmation of political praxis as the fundamental core of institutional and societal constitution, legitimation and evolution, which implies that democratic politics must be conceived of as a permanent struggle against strong institutionalism by the political subjects of civil society. Here a permanent and radical politicization of the informal public spheres and subjects is required. RESUMO Critico no artigo, a partir da análise da posição original de Rawls e da ideia de sociedade complexa de Habermas, o ponto de partida não político das teorias do contrato social, argumentando que este mesmo ponto de partida despolitizado leva - no momento em que apaga e mesmo elimina, com o objetivo de alcançar o acordo político, as lutas sociais entre classes, o status quo e as diferenças sociopolíticas entre os grupos sociais como a base da configuração institucional e societal - à recusa da centralidade das lutas sociais entre classes como a base de dinamização da evolução social e da constituição institucional. Ele leva, além disso, ao institucionalismo forte, isto é, à centralidade das esferas e dos sujeitos formais em relação às esferas e sujeitos informais. Portanto, as consequências políticas de um ponto de partida não político ou despolitizado são triplas: a despolitização das lutas sociais entre classes sociais opostas; o institucionalismo forte por meio da ênfase em instituições políticas e no Estado democrático de direito despolitizados; e o enfraquecimento de uma práxis política radical que é realizada por movimentos sociais e iniciativas cidadãs a partir de uma contraposição direta e mesmo de uma substituição das instituições, de seu procedimentalismo e elites pela práxis político-cultural espontânea dos movimentos sociais e das iniciativas cidadãs. O grande problema e o grande desafio das sociedades democráticas contemporâneas, ou seja, a correlação entre institucionalismo forte, partidos políticos e oligarquias econômicas, não podem ser resolvidos por meio da ênfase, por parte do paradigma jurídico-político procedimentalista, no institucionalismo e no Estado Democrático de Direito, senão que apenas por meio de uma reafirmação da práxis política como o verdadeiro núcleo da constituição, legitimação e evolução institucional e societal, o que implica que a política democrática seja concebida como luta permanente em relação ao institucionalismo forte por parte dos sujeitos políticos advenientes da sociedade civil, exigindo-se, aqui, uma politização permanente e radical das esferas públicas e dos sujeitos informais. (shrink)

Le contrat social libéral distributif définit une norme d’action communicative pour l’allocation des ressources rares et la redistribution de la richesse privée. Il se compose d’activités qui mettent en œuvre une allocation des ressources Pareto-efficace unanimement préférée à un statu quo hypothétique. Ce statu quo correspond à l’allocation des ressources que l’on obtiendrait en l’absence des activités du contrat social, dans des conditions idéales de communication parfaite. Nous mettons en évidence un ensemble de conditions suffisantes générales sous lesquelles (...) toute allocation du contrat social maximise, au sein de l’ensemble des allocations réalisables, une fonction de bien-être social de Nash bien choisie. Nous montrons également que la correspondance entre les allocations du contrat social libéral et les fonctions de bien-être social de Nash qui les soutiennent est bijective si, et en général seulement si, les préférences distributives des individus sont cardinales. Dans ce dernier cas, la solution coopérative de Nash étendue à un nombre quelconque d’individus définit une norme d’action communicative unique pour l’allocation des ressources et la distribution de la richesse privée. (shrink)

Segona sessió del Seminari de Larry Lawdan.

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)

Science and technology (S&T) policy studies has explored the relationship between the structure of scientific research and the attainment of desired outcomes. Due to the difficulty of measuring them directly, S&T policy scholars have traditionally equated “outcomes” with several proxies for evaluation, including economic impact, and academic output such as papers published and citations received. More recently, scholars have evaluated science policies through the lens of Public Value Mapping, which assesses scientific programs against societal values. Missing from these approaches is (...) an examination of the social activities within the scientific enterprise that affect research outputs and outcomes. We contend that activities that significantly affect research trajectories take place at the levels of individual researchers and their communities, and that S&T policy scholars must take heed of this activity in their work in order to better inform policy. Based on primary research of two scientific communities—ecologists and sustainability scientists—we demonstrate that research agendas are actively shaped by parochial epistemic and normative concerns of the scientists and their disciplines. S&T policy scholarship that explores how scientists balance these concerns, alongside more formal science policies and incentive structures, will enhance understanding of why certain science policies fail or succeed and how to more effectively link science to beneficial social outcomes. (shrink)

What is the point of appealing to a social contract? An intuitively plausible answer is that the metaphor functions as a justification for the obligation to obey the law. If I have made a contract to establish a political authority, then I am bound to obey the commands of that authority. In a contract, my agreement creates an obligation to perform. Then only remaining question is what reasons I have to make the agreement in the first place. It would (...) then seem that classical social contract theory is divided between those who understand our reasons to agree as prudential and those who take our reasons to be moral. But this kind of interpretation fails to make sense of Kant’s political theory, which understands our obligation to enter into a civil condition as prior to the appeal to the social contract. The original contract enters into Kant’s theory at a crucially later point, after the creation of specific political institutions. It functions as a way of reconciling these institutions with the idea of rightful coercion, by imposing normative requirements on the political reasoning of legislators and citizens. For Kant, the distinctive feature of normative political reasoning is the notion of a unified will, an idea that was already present at the start of social contract theory in Hobbes, but had yet to be properly clarified. Kant appeals to the original contract not to ground our political obligations, but to explain both the coherence and the necessity of the idea of a common will for political argument. (shrink)

In the United States, the debate on civil associations has coincided with the revival of interest in the writings of Alexis de Tocqueville, particularly Democracy in America (1835; 1840) in which he praised the Americans' propensity to form civil and political associations. Tocqueville regarded these associations as laboratories of democracy that teach citizens the art of being free and give them the opportunity to pursue their own interests in concert with others. Tocqueville's views on political and civil associations cannot be (...) properly understood unless we also take into account the larger intellectual and political background of his native France. The main sections of this essay examine Tocqueville's analysis of civil and political associations in America. Special attention is paid to the strong relationship between democracy and civil and political associations and the effects that they have on promoting democratic citizenship, civility, and self-government. (shrink)

This paper engages with Suárez’s writings on the origins of political power in order to ascertain whether he can be considered a social contract theorist at all. It focuses on specific details of his consent theory, namely the ‘who’, the ‘what’, the ‘how’ and the ‘what for’ of the agreements that originate government. The conclusion shows that even though his systematic treatment of contracts falls short of becoming a social contract theory in the same way as modern (...) contractualist thinkers, he can still be considered a social contract theorist in the tradition of the School of Salamanca. (shrink)

Resumo: Uma das características comuns dos primeiros filósofos modernos da Europa Ocidental é a ênfase na liberdade e na igualdade. Os filósofos desse período buscavam respostas para “o que é liberdade e igualdade?” e transformaram a liberdade e a igualdade em direitos humanos fundamentais. De John Locke a Montesquieu e Jean Jacques Rousseau, todos consideram a liberdade e a igualdade como direitos naturais do ser humano. O conceito de liberdade e igualdade de Rousseau é refletido em O Contrato Social. (...) No início desse trabalho, ele comentou, com uma famosa frase de abertura: “O homem nasce livre, mas está em toda parte acorrentado.” Esse é o argumento fundamental para dar uma visão única de liberdade e igualdade. Dentro do escopo do artigo, o autor se concentra em analisar seus pontos de vista sobre liberdade e igualdade, em muitos aspectos diferentes - liberdade e igualdade, no estado de natureza, liberdade e igualdade, na sociedade civil, e como alcançar a liberdade e a igualdade - apresentando, assim, os valores e as limitações de seus pontos de vista sobre liberdade e igualdade. (shrink)

In 1790 the Count d'Antraigues, an eccentric eighteenth-century anti- revolutionary spy, claimed that he had been given a sequel to Jean-Jacques Rousseau's Social Contract explaining how states could prevent wars by forming international associations but that he had destroyed the manuscript because it might pose a threat to the French monarchy. Recent Rousseau scholars have generally assumed that d'Antraigues was lying. I suggest that the manuscript in question was a copy of the summary that Rousseau wrote in 1760 of (...) the Project for Perpetual Peace published earlier in the century by the Abbé de Saint-Pierre. I then explore the significance of d'Antraigues' view that Rousseau's comments on the Project constituted an extension of the Social Contract and that they had revolutionary implications. The article ends with references to the ways that Rousseau's summary and critique of Saint-Pierre have recently opened up new thinking about democratic, non-hierarchical models of international organization. (shrink)

Cet article examine le(s) lien(s) entre le racisme antinoir et l’antisémitisme en se référant à quatre traditions distinctes : les psychanalyses de Fanon et de Freud, l’École de Francfort, les travaux de Cedric Robinson et la tradition du contrat social dans la philosophie politique des débuts de l’époque moderne. Sa thèse principale est que le racisme antinoir et l’antisémitisme sont intimement liés par la logique et le fonctionnement – la phénoménologie – de l’État dans la tradition occidentale du contrat (...) social. En montrant comment cela se fait, nous pouvons répondre à des questions qui, sinon, restent en suspens dans les autres traditions mentionnées ci-dessus. En résumé, cet article montre comment le racisme antinoir émerge avec force de la logique de l’État dans la tradition du contrat social, tandis que l’antisémitisme se développe comme une négation déformée de cette logique. (shrink)

Apres le Discours sur l'inegalite et l'article Economie politique, Rousseau revient au projet, reste en chantier, de ses Institutions politiques. Il en extrait et prepare pour l'edition une partie intitulee, apres quelques hesitations, Du Contract social ou Essai sur la forme de la Republique. Il conservera ce manuscrit bien qu'il ait renonce a le publier en l'etat: c'est une oeuvre entierement refondue qui parait en 1762. Le present volume est consacre a cette premiere version du Contrat social, que (...) l'on a coutume aussi d'appeler manuscrit de Geneve. Le texte, completement repris a partir du manuscrit, differe sensiblement de celui des precedentes editions par son etablissement et sa presentation. La perspective genetique ainsi ouverte est le point d'appui d'un renouvellement interpretatif dont l'introduction et une ample partie de commentaire rendent compte. On reconnait en effet dans ces pages le temoignage d'un moment theorique decisif dans la pensee de Rousseau. Un moment caracterise par l'effort qu'il y fait pour prendre, dans le prolongement du second Discours, ses distances avec les theories du droit naturel, et pour developper les implications du concept nouvellement forme de volonte generale. La lecture suivie de ce texte et sa comparaison systematique avec la version finalement publiee du Contrat social eclairent la facon dont Rousseau a constitue ses principes du droit politique, mais aussi les liens qui unissent ces principes avec, d'un cote, l'etude historique de la morale conduite dans les Discours, de l'autre la theorie de l'homme developpee ulterieurement dans Emile. (shrink)

This article seeks to illustrate the relevance of social theory for the study and practice of law. As social theory reports on changes that influence societal structures, the question for lawyers is how these changes affect law and what this means for its role and function. To this end, the article draws on Ulrich Beck’s theory of the risk society and reflexive modernization to provide the relevant perspective. This theory reports upon and explains the so-called side effects of (...) modernization that take the shape of environmental, industrial and political risks. It is these side effects that constitute the problem in risk society and dealing with them demands a reflexive approach towards modernization. The article seeks to highlight the relevance of this theory for law by placing it in the tradition of social contacts theory. It does so by reformulating the central problem of the risk society and by identifying the main social actors who would be party to a “new” social contract. The article then identifies and formulates the instruments of negotiation, at which point it becomes clear what the role of law may be. It concludes with a tentative indication of what the main terms of the social contract could look like. (shrink)

Despite the wealth of research showing that psychological contract breach (PCB) has negative outcomes for individuals, knowledge about the influence of the social context in which breaches are experienced is still scarce. This is surprising, as scholars have argued that work climates, such as when unit members are generally highly committed, could buffer an individual’s negative experiences at work. Yet, to date, the unit climate and PCB literatures have largely remained separated and our main goal is to integrate these (...) fields. This is especially timely and relevant, because recent work in the unit climate literature indicates that merely looking at the average climate level might not be enough, because the climate’s strength (i.e., the agreement or homogeneity within the unit) could also provide important social cues. Building on these recent advances, we develop and test a theoretical framework which links both climate concepts to PCB. More specifically, we hypothesized that especially when all unit members are highly and homogeneously committed, an employee would reframe their PCB in such a way that it would less adversely affect work engagement and turnover intentions. Using data from 1,272 employees across 36 healthcare units, multilevel structural path analyses supported this three-way interaction. By answering recent calls for more ‘social PCB research’ and integrating the unit climate and PCB literatures, we aim to provide guidance to scholars and practitioners who want to understand in more depth the social context’s influence on PCB. (shrink)

This article seeks to illustrate the relevance of social theory for the study and practice of law. As social theory reports on changes that influence societal structures, the question for lawyers is how these changes affect law and what this means for its role and function. To this end, the article draws on Ulrich Beck's theory of the risk society and reflexive modernization to provide the relevant perspective. This theory reports upon and explains the so-called side effects of (...) modernization that take the shape of environmental, industrial and political risks. It is these side effects that constitute the problem in risk society and dealing with them demands a reflexive approach towards modernization. The article seeks to highlight the relevance of this theory for law by placing it in the tradition of social contacts theory. It does so by reformulating the central problem of the risk society and by identifying the main social actors who would be party to a "new" social contract. The article then identifies and formulates the instruments of negotiation, at which point it becomes clear what the role of law may be. It concludes with a tentative indication of what the main terms of the social contract could look like. (shrink)

The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel (...) slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies have (...) underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer (...) historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem. (shrink)

This article argues that we can improve the way we teach early modern political philosophy if we introduce students to alternative views about the development of the state. First, it summarizes the work of contemporary philosophers and historians who are critical of the modern state. Second, it points out ways in which early social contract theorists take the state for granted. Third, it argues that alternative views about the development of the state can help students take a more critical (...) perspective on standard works of early modern political philosophy. Fourth, it argues that these alternative views will help students better understand dissenting voices in early modern political philosophy. (shrink)

In the Social Contract, the model for the structural description of textuality derives from the incompatibility between the formulation and the application of the law, reiterating the estrangement that exists between the sovereign as an active, and the State as a static, principle. The distinction, which is not a polarity, can therefore also be phrased in terms of the difference between political action and political prescription. The tension between figural and grammatical language is duplicated in the differentiation between the (...) State as a defined entity and the State as a principle of action or, in linguistic terms, between the constative and the performative function of language. A text is defined by the necessity of considering a statement, at the same time, as performative and constative, and the logical tension between figure and grammar is repeated in the impossibility of distinguishing between two linguistic functions which are not necessarily compatible. It seems that as soon as a text knows what it states, it can only act deceptively, like the thieving lawmaker in the Social Contract, and if a text does not act, it cannot state what it knows. The distinction between a text as narrative and a text as theory also belongs to this field of tension. Paul de Man, Tripp Professor in the humanities and chairman of the French department of Yale University, is the author of Blindness and Insight: Essays in the Rhetoric of Contemporary Criticism. His forthcoming study of the theory of figural language, of which this essay will be a part, centers on Rousseau and involves as well Rilke, Proust, and Nietzsche. He has also contributed "The Epistemology of Metaphor" to Critical Inquiry. (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)

La teoría de los contratos sociales es un enfoque cognitivo que apareció décadas atrás y que defiende que la mente humana se encuentra dotada con sistemas neurocognitivos evolutivos. Estos sistemas regulan diferentes situaciones sociales, por ejemplo, los intercambios y las negociaciones, y nos permiten detectar infractores de reglas o individuos que no cumplen acuerdos. En este trabajo, revisamos críticamente las tesis de este enfoque a partir de los argumentos lingüísticos de Moldovan sobre la perfección del condicional. Nuestra conclusión apunta a (...) que, si trasladamos los planteamientos de Moldovan a un plano más psicológico, podemos explicar los resultados de los experimentos que apoyan la teoría de los contratos sociales a partir del procesamiento de la información realizado por los participantes, sin necesidad de suponer sistema neurocognitivo evolutivo alguno.Social contracts theory is a cognitive approach that emerged decades ago and holds that human mind has evolved neurocognitive systems. These systems regulate different social situations, for example, exchanges and contracts, and allow detecting offenders and individuals that do not fulfill agreements. In this paper, I check critically the theses of this approach by means of the Moldovan’s linguistic arguments about conditional perfection. In this way, I conclude that, if we apply the Moldovan’s approach in a more psychological level, we can explain the outcomes of the experiments that support social contracts theory by means of the information processing made by the participants and we do not need to suppose that there are evolved neurocognitive systems. (shrink)

This article raises the issue of the foundation of ethics in the situation of the pluralism of modern and contemporary society. Then , two types of answers to these problems are analyzed: comunitarism as the identitary ethics of an 'ourselves', and contractualism as the ethics of the partners' interests, which present themselves as rival theories in opposition to the universalism of kantian morality. It is however shown , how Kant himself had already worked at different levels of human integration with (...) both models: that of social contract and that of ethical community, and had articulated them in his system. The universal principle of morality , on the other hand, places itself at the meta-level of the profound grammar of the ethos of communities and contracts . Finally, it is observed that Kant´s fundamental ethical texts have not explicitly dealt with the hermeneutical problem of moral judgment in contexts of action. However, some passages of the Grundlegung are analyzed, as well as the Second Part of the Critique of Practical Reason, in which we find precise indications on this issue. It is maintained, that the observed lack of treatment may be bridged by means of widening the scope of the doctrine of reflexive judgment of aesthetic taste of the Third Critique's first part, which appears relevant, not for the foundation of the principle of morality, but for its application, i.e., for moral life.Este artículo plantea el problema de la fundamentación de la ética en la situación del pluralismo de la sociedad moderna y contemporánea. Se analizan luego dos tipos de respuesta a este problema: el comunitarismo como la ética identitaria de un nosotros, y el contractualismo como la ética de los intereses de los socios, los cuales se presentan como teorías rivales frente al universalismo de la moralidad kantiana. Se muestra sin embargo cómo el propio Kant había trabajado ya en distintos planos de la integración humana con los dos modelos del contrato social y de la comunidad ética, y los había articulado en su sistema. El principio universal de la moralidad se ubica en cambio en el meta-nivel de la gramática profunda del ethos de las comunidades y de los contratos . Se observa finalmente que los textos éticos fundamentales de Kant no han tratado de manera explícita el problema hermenéutico del juicio moral en los contextos de acción. Se analizan no obstante algunos pasajes de la Grundlegung y la Segunda Parte de la Crítica de la Razón Práctica, en los que hay indicaciones precisas sobre este problema. Se sostiene que la observada laguna se puede sortear mediante la ampliación de los alcances de la doctrina del juicio reflexivo del gusto estético de la primera parte de la Tercera Crítica, la cual parece relevante, no para la fundación del principio de la moralidad, pero sí para su aplicación, es decir: para la vida moral. (shrink)

Smart Contracts enable the automated execution of exchanges on the blockchain. From an ontological perspective, smart contracts create and automate the fulfillment of social commitments between actors. Whereas traditional deontic logic is used to make a legal determination in contractual multi-actor interactions, this paper focuses on the consequences of these actions resulting from that determination, thereby shifting the focus from monitoring to execution. The interactions between actors and the consequences in terms of commitments have not yet been (...) formalized for smart contracts. The perspective of smart contracts is interesting, since they are considered to be autonomous agents, able to generate automated actions. We use the Event Calculus as a formal logic to represent and reason about the effects of these automated actions and the resulting commitments. Since the Event Calculus deals with local events and the consideration of time, this approach enables the uniform representation of commitments, including their operations and reasoning rules. (shrink)