Abstract

Hypothetical social contract theory is the predominant framework that political philosophers use to argue for conceptions of social justice. A hypothetical social contract theory consists of an initial situation, in which parties are imagined to make a rational agreement about the way to design their politico-economic institutions, and a conception of justice to which these parties would agree. My goals in the dissertation are to determine the most warranted initial situation and the conception of justice that follows from it. ;To gain focus, I look just at initial situations that have "uncontested conditions." The uncontested conditions include, e.g., the lack of coercion or deception among the parties, and most hypothetical social contract theorists accept them. All together, the uncontroversial conditions add up to the stipulation that the parties resolve conflicts of interest solely by means of fully rational argumentation. The "controversial conditions" concern the way the parties argue, i.e., the values and norms they use to deliberate about justice. The values could be either subjectivist or objectivist, while the way the parties respond to values could be self-interested, benevolent, or reasonable. ;I argue for the best initial situation dialectically, by contending that the uncontroversial conditions underwrite a particular construal of the controversial conditions. Specifically, I claim that the uncontroversial conditions give us reason to believe that Kant's Formula of Humanity is central to institutional choice, so that a Kantian construal of the way the parties deliberate is uniquely plausible. I then identify Kant's rule as an instance of reasonableness about norms and objectivism about values. ;As for deriving a conception of justice from the favored initial situation, I gain focus by looking at what Kant's Formula of Humanity entails solely for economic justice. My thesis is that Kant's rule entails substantial positive duties, so that libertarianism is ruled out. I defend this thesis by showing that there are two plausible ways to derive concrete judgments from the abstract norm of treating humanity as an end-in-itself, and that both methods entail disputatious rights to positive freedom for the same reasons they entail widely accepted rights to negative freedom