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)

Modern Social Contract Theory provides an exposition and evaluation of major work in social contract theory from 1950 to the present. It locates the central themes of that theory in the intellectual legacy of utilitarianism, particularly the problems of defining principles of justice and of showing the grounds of moral obligation. It demonstrates how theorists responded in a novel way to the dilemmas articulated in utilitarianism, developing in their different approaches a constructivist method in ethics, a (...) method that aimed to vindicate a liberal, democratic and just political order. A distinctive feature of the book is its comparative approach. By placing the works of Barry, Buchanan and Tullock, Harsanyi, Gauthier, Grice, Rawls, and Scanlon alongside one another, similarities and differences are brought out, most notably in the way in which principles are derived by each author from the contractual construction as well as the extent to which the obligation to adopt those principles can be rationally grounded. Each theory is placed in its particular intellectual context. Special attention is paid to the contrasting theories of rationality adopted by the different authors, whether that be utility theory or a deliberative conception of rationality, with the intention of assessing how far the principles advanced can be justified by reference to the hypothetical choices of rational contracting agents. The book concludes with a discussion of some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method. (shrink)

ABSTRACTOne of the recurrent motifs in political thought is the idea of the social contract, according to which a society, a government, or moral principles depend for their existence on agreements...

Jean-Jacques Rousseau’s ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau’s most important political writings—_The Social Contract and The First Discourse _and_ The Second Discourse _—and_ _presents essays by major scholars that shed light on the dimensions and implications of these texts. Susan Dunn’s introductory essay underlines the unity of Rousseau’s political thought and explains why his (...) ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May’s essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau’s attempt to resolve the tension between the individual’s desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O’Brien takes on the “noxious,” “deranged” Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. For this edition Susan Dunn has provided a new translation of the _Discourse on the Sciences and Arts _and_ _has revised a previously published translation of _The Social Contract._. (shrink)

Social contract theory enjoys a long history in moral and political philosophy. Since the European Enlightenment, social contract theory has become one of the most important traditions in moral and political philosophy. This chapter provides a brief introduction to central concepts in social contract theory and their development over time. Most importantly, the chapter clarifies some of the distinct features of new approaches to social contract theory (or “new social contract (...) theory” for short) that have evolved in the twenty-first century and are most suitable for capturing the circumstances of contemporary societies, even if new social contract theory does not constitute a unified theoretical position but is best considered as a family of approaches, methods, and topics. The chapter also provides an overview of the contributions to this book and their connections both methodologically and thematically. (shrink)

This major study of Hobbes' political philosophy draws on recent developments in game and decision theory to explore whether the thrust of the argument in Leviathan, that it is in the interests of the people to create a ruler with absolute power, can be shown to be cogent. Professor Hampton has written a book of vital importance to political philosophers, political and social scientists, and intellectual historians.

Abstract:Social contracting has a long and important place in the history of political philosophy (Hardin, 1991; Waldron, 1989) and as a theory of justice (Baynes, 1989; Rawls, 1971). More recently, it has been developed into an individual rights-based theory of organizations (Keeley, 1980, 1988), and as a way to integrate ethics and moral legitimacy into corporate strategy and action (Donaldson, 1982; Freeman&Gilbert, 1988). Currently, it is being proposed as an integrative theory of economic ethics (Donaldson&Dunfee, forthcoming). This paper will (...) extend the Donaldson and Dunfee approach by arguing thatsocial contracting can best be understood and applied in organizational settings if it is perceived and treated as a network governance process. This insight can benefit management scholars and practitioners alike, since it calls attention to the processes by which trust is created and sustained in on-going contractual relationships. It also strongly suggests that a new approach to applying managerial discretion, asmoral agency, is needed to realize the full competitive and ethical potential of emerging network forms. (shrink)

Jean-Jacques Rousseau’s ideas about society, culture, and government are pivotal in the history of political thought. His works are as controversial as they are relevant today. This volume brings together three of Rousseau’s most important political writings—_The Social Contract and The First Discourse (Discourse on the Sciences and Arts) _and_ The Second Discourse (Discourse on the Origin and Foundations of Inequality)_—and_ _presents essays by major scholars that shed light on the dimensions and implications of these texts. Susan Dunn’s (...) introductory essay underlines the unity of Rousseau’s political thought and explains why his ideas influenced Jacobin revolutionaries in France but repelled American revolutionaries across the ocean. Gita May’s essay discusses Rousseau as cultural critic. Robert N. Bellah explores Rousseau’s attempt to resolve the tension between the individual’s desire for freedom and the obligations that society imposes. David Bromwich analyzes Rousseau as a psychologist of the human self. And Conor Cruise O’Brien takes on the “noxious,” “deranged” Rousseau, excoriated by Edmund Burke but admired by Robespierre and Thomas Jefferson. Written from different, even opposing perspectives, these lucid essays convey a sense of the vital and contentious debate surrounding Rousseau and his legacy. For this edition Susan Dunn has provided a new translation of the _Discourse on the Sciences and Arts _and_ _has revised a previously published translation of _The Social Contract._. (shrink)

Abstract:Social contract theory has a rich history. It originated among the ancients with recognition that social arrangements were not products of nature but convention. It developed through the centuries as theorists sought ethical criteria for distinguishing good conventions from bad. The search for such ethical criteria continues in recent attempts to apply social contract theory to organizations. In this paper, I question the concept of consent as a viable ethical criterion, and I argue for an (...) alternate principle of impartiality as a more appropriate moral norm in a social contract theory of organizations. (shrink)

This contribution investigates whether Hegel’s critique of social contract theory is still applicable to contemporary contract theory proposed by, e. g., Rawls and Nozick. At first sight, they seem to have overcome the problems identified by Hegel because Rawls and Nozick appropriate the social contract as something essentially rational and normative. I argue, however, that for Hegel, their appeal to rational argumentation is not compatible with the concreteness of human individuals. A revised reading of the (...) master/ bondsman-relation, emphasizing the role of the “fear of death”, shows the limited scope of contemporary contract theory. (shrink)

This book develops a novel multilevel social contract theory that, in contrast to existing theories in the liberal tradition, does not merely assume a restricted form of reasonable moral pluralism, but is tailored to the conditions of deeply morally pluralistic societies which may be populated by liberal moral agents, nonliberal moral agents, and, according to the traditional understanding of morality, nonmoral agents alike. The book draws on the history of the social contract tradition, especially the work (...) of Hobbes, Hume, Kant, Rawls, and Gauthier, as well as on the work of some of the critics of this tradition, such as Sen and Gaus. The two-level contractarian theory holds that morality in its best contractarian version for the conditions of deeply morally pluralistic societies entails Humean, Hobbesian, and Kantian moral properties. The theory defines the minimal behavioral restrictions that are necessary to ensure, compared to violent conflict resolution, mutually beneficial peaceful long-term cooperation in deeply morally pluralistic societies. The theory minimizes the problem of compliance for morally diverse societies by maximally respecting the interests of all members of society. Despite its ideal nature, the theory is, in principle, applicable to the real world and, for the conditions described, most promising for securing mutually beneficial peaceful long-term cooperation in a world in which a fully just society, due to moral diversity, is unattainable. If Rawls’ intention was to carry the traditional social contract argument to a higher level of abstraction, then the two-level contractarian theory brings it back down to earth. (shrink)

Is liberal democracy the end of history? Is a written constitution the ultimate political authority? Does majority rule equal moral rule? Are all moral values relative? What is the legitimate use of coercive force in society? The New Social Contract—Beyond Liberal Democracy offers an answer to these and other age-old questions.

Holbach's famous materialistic and atheistic philosophy is less known for its political dimension. Yet the author proposed an original theory of the social contract in his works of the 1770s. This article details the main features of his political thought and of his social contract, notably his proposal of an 'Ethocracy' grounded in utility and justice. This Ethocracy paves the way for a pluralist republicanism that has original features in the history of ideas. Holbach was a (...) reader of Hobbes and Locke and an acquaintance of Rousseau, and proposed various critiques of the political writings of these authors. Through five main critiques, this article further shows the value of Holbach's positive theory on key concepts such as the state of nature, sociability, property, the general will and equality. Lastly, Holbach's potential contribution to political theory is highlighted, showing how the largely forgotten author merits our attention today. (shrink)

This is not the style an academic should adopt who wants to get a tenured position today. It even took the University of Königsberg fifteen years after Kant had earned his doctoral degree before they appointed him to a chair in philosophy. For those among us who feel already somewhat beyond the time bracket which allows for competition and efficiency, it may be consoling to know that Kant published his Critique of Pure Reason, the Copernican work in philosophy which molded (...) the thought of all centuries to come, at the age of 57. The famous little work which shall provide us with the focal text for this lecture, Kant’s essay On Eternal Peace, appeared in 1795 when he was 71. (shrink)

Renouvier criticized Comte’s positivist philosophy of science and proposed a social contract approach for dealing with normative questions in philosophy of science as well as moral philosophy. Renouvier then questioned Kant’s distinction between practical and theoretical reason and argued that judgments concerning epistemic warrant must be freely made in the same way that moral judgments are made. What counts as scientific knowledge depends on a consensus within the scientific community that develops over time through critical inquiry in much (...) the same way that a legitimate contract governing society at large must. But a scientific contract consisting of conventionally held theories and methods depends for its justification on a larger social contract that guarantees freedom of inquiry. (shrink)

Individualist and communitarian. Anarchist and totalitarian. Classicist and romanticist. Progressive and reactionary. Since the eighteenth century, Jean-Jacques Rousseau has been said to be all of these things. Few philosophers have been the subject of as much or as intense debate, yet almost everyone agrees that Rousseau is among the most important and influential thinkers in the history of political philosophy. This new edition of his major political writings, published in the year of the three-hundredth anniversary of his birth, renews attention (...) to the perennial importance of Rousseau’s work. The book brings together superb new translations by renowned Rousseau scholar John T. Scott of three of Rousseau’s works: the _Discourse on the Sciences and Arts,_ the _Discourse on the Origin and Foundations of Inequality Among Men, _and _On the Social Contract. _The two _Discourses_ show Rousseau developing his well-known conception of the natural goodness of man and the problems posed by life in society. With the _Social Contract, _Rousseau became the first major thinker to argue that democracy is the only legitimate form of political organization. Scott’s extensive introduction enhances our understanding of these foundational writings, providing background information, social and historical context, and guidance for interpreting the works. Throughout, translation and editorial notes clarify ideas and terms that might not be immediately familiar to most readers. The three works collected in _The Major Political Writings of Jean-Jacques Rousseau_ represent an important contribution to eighteenth-century political theory that has exerted an extensive influence on generations of thinkers, beginning with the leaders of the French Revolution and continuing to the present day. The new translations on offer here will be welcomed by a wide readership of both Rousseau scholars and readers with a general interest in political thought. (shrink)

Austin's ?doctrine of the infelicities?, whereby performative utterances are vulnerable to the risk of failure, has been criticized for treating such a possibility as contingent rather than as necessary (and hence revelatory of the essential nature of speech acts). This paper seeks to trace out what is at stake for one who maintains Austin's position. It examines Austin's curious hypothetical history of the development of speech acts, which is found to resemble forms of social?contract theory, and the problem (...) with this hypothetical history is shown to be that it presupposes as original the very properties that it sets out to explain. The argument is then made that Austin's technicalization of the conditions and context of speech acts displaces our attention from the deeper issue that both speech?act and contract theory are versions of a concern with making social action transparent, and both raise the perennial (and insoluble) problem of trust in human affairs. (shrink)

Matthew Simpson - Routledge Philosophy Guidebook to Rousseau and The Social Contract - Journal of the History of Philosophy 43:3 Journal of the History of Philosophy 43.3 364 Christopher Bertram. Routledge Philosophy Guidebook to Rousseau and The Social Contract. London: Routledge, 2004. Pp. ix + 214. Paper, $15.95. The main problem with the interpretation of Rousseau's political thought today is that his theories rarely fit into the categories that define contemporary philosophy. He was neither a liberal (...) nor a communitarian, neither a democrat nor an absolutist, neither a rationalist nor a voluntarist. Yet all these ways of thinking can be glimpsed in his philosophy. The consequence is.. (shrink)

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly (...) transforms this tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

This commentary aims to discuss the article “Ordo-responsibility in the Sharing Economy: A Social Contracts Perspective” from a sympathetic viewpoint toward its implementation of a constitutional contractarian approach to business ethics and due consideration of digital platforms as institutions resulting from a social contract. Nevertheless, the commentary also wants to criticize the article’s interpretation of constitutional contractarian theory and institutional reconstruction of the phenomenon, and thus even the governance structure it is proposed for sharing platforms. The commentary (...) presents another understanding of constitutional contractarianism, referring to both the ex ante agreement and the ex post compliance problem. Moreover, it reframes the history of the evolutionary process of institutions’ selection within the domain of the sharing economy consistently with the idea that the Internet should be framed as a common pool resource. In this way, the commentary suggests an alternative governance structure for sharing platforms, that is, platform cooperatives. (shrink)

Patrick Riley has argued that Immanuel Kant was the 'most adequate' of the social contractarians. This reputation was built on Kant's reliance on ideas rather than actual consent to give the contract its legitimacy. The greatest advantage in his so doing was to limit the potential of tyrannical or despotic regimes. A danger resides in this approach, however: by ignoring actual consent, one may not get the compliance required to achieve these standards. In this respect, by interpreting Rousseau (...) as likewise committed to ideas, Kant may be bettered by his Genevan predecessor, since Rousseau incorporates both ideas and actual consent. This combination serves the dual function of promising compliance to high ideas -- and in this respect Rousseau might actually be the 'most adequate' of social contract theorists. (shrink)

800x600 One of the most important political challenges of our time - indeed of all times - is social justice. It was first addressed as a philosophical issue in Plato's great dialogue, the _Republic_, and it has been a continuing theme in the "tradition of discourse" ever since. As I will argue, Plato's analysis and conclusions represent a sound foundation and a starting point for advancing a new social justice paradigm that is undergirded by the emerging, multi-disciplinary science (...) of human nature, which is briefly overviewed here. I refer to it as a "biosocial contract," and it involves three empirically-grounded fairness precepts - _equality, equity, _and _reciprocity_ -- that together form a new normative framework for guiding social policy. The obvious logical objection to such a normative undertaking, commonly referred to as the "naturalistic fallacy," is briefly considered from the perspective of the biological problem of survival and reproduction and the fundamental nature of a human society as, quintessentially, a "collective survival enterprise." Logic aside, the reality is that we are all required to make unavoidable choices. Normal 0 false false false EN-AU X-NONE X-NONE MicrosoftInternetExplorer4. (shrink)

This paper argues that Plato’s version of the contractarian theory of justice is superior to all other statements of that theory. The conditions any adequate theory of justice must meet are outlined and it is shown how contractarian theories attempt to meet these conditions. The great contractarian theories---those of Hobbes, Rousseau, Locke, Rawls, and Gauthier---are shown not to provide an adequate account of the nature of justice. The source of these failures is identified and, finally, it is shown that Plato’s (...) version of contractarianism is immune to this sort of failure. (shrink)

This book provides international perspectives on the law of copyright in relation to three core themes - copyright and developing countries; the government and copyright; and technology and the future of copyright. The third theme includes an examination of the extent to which technology will dictate the development of the law, and a re-examination of the role of copyright in fostering innovation and creativity. As a critique, one chapter discusses how certain rights can create or reinforce social inequality under (...) copyright royalty systems. Underlying these themes is the role the law of copyright has in encouraging or impeding human flourishing. (shrink)

"In 'Hobbes and the Social Contract Tradition' Professor Hampton undertakes an "extensive examination" of Hobbes's argument, primarily as stated in Leviathan, for the institutionof an absolute sovereign. Hampton, however, is concerned to accomplish more than "a description or explication" of Hobbes's political philosophy. Rather, it is her intention to develop a "rational reconstruction" of Hobbes's argument.... 'Hobbes and the Social Contract Tradition' is an important and valuable contribution to the study of Hobbes's political philosophy. Throughout this (...) work one acquires new and illuminating insights into Hobbes's argument and its contemporary significance. ... it is essential reading for all those who are seriously concerned to come to grips with Hobbes's social contract theory. Hobbes scholar and political theorist alike will learn a great deal from it.". (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)

Kantian constitutivists, like Velleman and Korsgaard, argue that there are norms internal to individual agency. Yet as Gilbert and others have argued there may be norms internal to shared agency as well. Might political principles of justice be norms of this second kind? I turn to the history of philosophy for an answer, focusing on Rousseau’s classic work the Social Contract. Rousseau is much better known as a social contract theorist – but I argue that he (...) is also a constitutivist about group agency. This means he is a thinker for whom success or failure in realizing the demands of justice is nothing other than success or failure in acting together. Unjust regimes, e.g. despotic ones, are ones whose members fail to genuinely act together. Interpretively, this approach has the advantage of explaining away the appearance of totalitarian tendencies in Rousseau’s thinking (‘the general will is always right’). Philosophically, it has the advantage of revealing in Rousseau’s writings what I believe is a unique type of social contract theory, resolutely non-hypothetical and normatively robust. In the closing sections, I revisit the oft-raised question of Rousseau’s relation to Rawls in light of the interpretation of the former proposed here. (shrink)

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

Rousseau and Geneva reconstructs the main aspects of Genevan socio-economic, political and religious thought in the first half of the eighteenth century. In this way Dr Rosenblatt effectively contextualizes the development of Rousseau's thought from the First Discourse through to the Social Contract. Over time Rousseau has been adopted as a French thinker, but this adoption obscures his Genevan origin. Dr Rosenblatt points out that he is, in fact, a Genevan thinker and illustrates for the first time that (...) Rousseau's classical republicanism, his version of natural law theory, his civil religion, and his hostility to the arguments of doux commerce theorists are all responses to the political use of such arguments in Geneva. The author also points out that it was this relationship with Geneva that played an integral part in his development into an original political thinker. (shrink)

The Cambridge Companion to Rousseau’s Social Contract richly rewards the reader even as it requires a close familiarity with the text. The volume is not a general introduction to Rousseau or an art...

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)