John Rawls and the Social Contract Tradition
Dissertation, University of Notre Dame (
1980)
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Abstract
Finally, I conclude that there is a social contract tradition and that Rawls is the most satisfactory development of it. Rawls' more complete synthesis of the values of liberty and equality, which constitute the moral core of the social contract, show his theory to be superior to his predecessors. ;In the last chapter I outline what I take to be the logical structure of the contract model by defining what I call its material and formal components. The traditional critiques of the contract are considered and evaluated. In particular, critiques of Rawls' idea of a "hypothetical contract" are considered; I argue that Rawls' concept has merit when the hypothetical contract is properly understood as a counterfactual conditional and a distinction is made between a paradigmatic and derivative senses of 'contract.' In response to the Marxist challenge to Rawls' theory, I contend that Rawls' concepts of self-respect, social union and the Aristotelian Principle indicate a re-structuring of present economic institutions and practices in the direction of limited democratic socialism. ;The thesis of Chapter 3 is that Rousseau's contract theory is significantly incoherent and ambiguous. Rousseau's concept of "General Will," the central core of his theory, is shown to be indeterminate and based on untenable presuppositions. The introduction of what Rousseau calls the "legislator" and his problematic concept of 'freedom' is sufficient indication that his theory is somewhat disanalogous with that of Rawls' thus making Rawls' claim to be in the same tradition as Rousseau tenuous. ;In part 2 of Chapter 3 Kant's contract theory is defended as part of the contract tradition. However, I indicate that Rawls' claim that the Original Position is a procedural interpretation of Kant's categorical imperative is problematic at best. I also argue that Kant's theory of citizenship and equality are not fully Rawlsian. ;In Chapter 2, on John Locke, I give an extensive analysis of Locke's theory of Natural Law, which is of central importance in understanding Locke's political theory. I then show that Rawls can indeed be considered to be in the same tradition as Locke by pointing out the corresponding analogous functions of Rawls' Original Position to Locke's State of Nature, the Veil of Ignorance to Locke's Natural Law, and the Difference Principle to Locke's Labor Theory of Value. Despite these similarities, differences do exist in their methods, and notions of human nature, equality and freedom. ;In Chapter 1, I trace the genesis of Rawls' thought as it evolved through the articles he wrote prior to his A Theory of Justice. I also provide a detailed exposition and analysis of the theory as presented in his book thus providing a model with which to approach the remaining contractarians in whose tradition Rawls considers himself a member. Rawls believes his theory is a generalizing and a carrying to a higher level of abstraction of the social contract theory as found in Locke, Rousseau and Kant. This tradition Rawls regards as being defined by Locke's Second Treatise, Rousseau's Social Contract, and Kant's ethical and political works beginning with the Foundations of the Metaphysics of Morals. ;This dissertation traces the historic sources of Rawls' social contract theory of justice as presented in his work A Theory of Justice. This historic, analytic and comparative study seeks to provide a more comprehensive context in which an adequate perspective for the proper evaluation of Rawls' achievement can be made. More specifically, the aims of this dissertation is to determine whether there is in fact a social contract tradition, whether Rawls is in it and how his theory and achievements compare with his predecessors