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)

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)

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)

This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability for (...) the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification. (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)

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)

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)

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)

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.

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)

Professor Donaldson in his book Corporations and Morality has attempted to use a social contract theory to develop moral principles for regulating corporate conduct. I argue in this paper that his attempt fails in large measure because what he refers to as a social contract theory is, in fact, a weak functionalist theory which provides no independent basis for evaluating business corporations. I further argue that given the nature of a morality based on contract and the nature (...) of the modern corporation, it is highly unlikely that any plausible contract theory of business ethics can be developed. (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)

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 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)

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

This book is composed of many short essays which can be read separately; however, read together these commentaries form a compelling exploration of how and why teachers should obey laws, regulations, policies, and contractual obligations, yet should do much more.

I argue for the role of trust and cooperation as part of the foundation of digital commerce by expanding the reach of the Integrative Social Contract Theory of Donaldson and Dunfee. I propose that a digital business community can be a community in the morally relevant ways that Donaldson and Dunfee describe, and that the basic framework of ISCT can apply to the digital business world similarly to its application in the offline business world. I then analyze the roles (...) of trust and cooperation in e-commerce, showing how they are important to the digital business community and explaining their moral relevance under a digital form of ISCT. I use the ISCT framework to show that trust and cooperation are an instantiation of the hypernorm of necessary social efficiency, and that authentic microsocial norms developed for the ends of trust and cooperation carry moral responsibility. (shrink)

To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation into modular assumption-based argumentation in which different modules of argumentation representing different knowledge bases for reasoning about beliefs and facts and for representation and reasoning with the legal doctrines could be built and assembled together. A distinct novel feature of modular argumentation in compare with other modular logic-based systems like Prolog is that it allows references to different semantics in the same module at (...) the same time, a feature critically important for application of argumentation in legal domains like contract dispute resolution where the outcomes of court cases often depend on whether credulous or skeptical modes of reasoning were applied by the contract parties. We apply the new framework to model the doctrines of contract breach and mutual mistake. (shrink)

Rousseau's Du contrat social develops an important, unjustly neglected type of theory, which I call 'Natural Law Constructivism' ('NLC'), which identifies and justifies strictly objective basic moral principles, with no appeal to moral realism or its alternatives, nor to elective agreement, nor to prudentialist reasoning. The Euthyphro Question marks a dilemma in moral theory which highlights relations between artifice and arbitrariness. These relations highlight the significance of Hume's founding insight into NLC, and how NLC addresses Hobbes's insight that our most (...) fundamental moral problems concern social coordination. Part 2 systematically re-examines the core of Rousseau's theory of justice to show that it assigns no constitutive role to contractual agreement in identifying or justifying basic normative principles. Part 3 highlights his NLC. (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)

Michael Hand argues that at least some moral standards can be robustly justified and that because of this educators can legitimately cultivate subscription to t.

(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)

In recent years, knowledge hiding has gained much popularity in the knowledge management literature. Apart from that, antecedents and consequences of knowledge hiding are being scrutinized at present. There have been many studies on the triggering forces of knowledge hiding; however, the uncivil behaviors at the workplace have led the organizations and employees in trouble due to its possible associating factors, which is well explained by social influence theory. One such factor that this study has identified is knowledge hiding behavior (...) at the workplace. This is a quantitative cross-sectional study based on a survey. The population taken in this study is the middle and low-level managerial staff of the software houses located in China. The respondents were selected based on convenient random sampling, and a sample size of 287 is used in this study. The data collected were employed with the partial least square structural equation modeling using Smart-PLS 3. The findings of this study show that apart from evasive hiding, playing dumb and rationalized hiding plays a significant role in predicting workplace incivility. In addition, psychological contract breach has been taken as the mediating variable. The violation of psychological contracts among employees can indulge them in negative feelings that may convert to workplace incivility at any available opportunity of revenge which is well explained by social influence theory. Workplace incivility cannot be completely eradicated from the organizations; however, it can be controlled by making relevant policies. The civility among the employees can be attained by due managerial interventions and training of the employees considering the protection of victims and due punishment to the perpetrator. (shrink)

The innovation activities of new generation of employees have the characteristics of double network embeddedness, and the degree of psychological contract fulfilment is an important factor that affects their innovation performance. Based on the attributes of internal network embeddedness and external network embeddedness, this paper builds a hypothesis model of the relationship between network embeddedness, psychological contract and innovation performance. It explores the impact and mechanism of network embeddedness on the innovation performance of new generation of employees and (...) the mediating role of the psychological contract. Empirical research shows that network embeddedness has a positive effect on the innovation performance of new generation of employees. The psychological contract has a mediating role in network embeddedness on innovation performance of new generation of employees. These conclusions continue and deepen the research on network embeddedness and innovation performance and further enrich and expand the application of social networks in the research of individual innovation performance of new generation of employees. (shrink)

What response is to be given to the immoralist's question ‘Why should I be just?’? I say ‘response’ because it is not clear that the immoralist is looking for an answer. His question seems to be rhetorical, even contemptuous. It nevertheless presents a challenge to morality. The immoralist's position is that it is irrational to take justice and fairness seriously and that his own advantage or self-interest is the only rational consideration for him. This is not a moral position although (...) it is a normative position; the immoralist has an alternative to the moral life but not an alternative morality. The immoralist is not a moralist with idiosyncratic views on what is just and fair—what he might call ‘true’ justice or ‘natural’ justice. On the contrary, where some co-operative mutually beneficial project is involved he presumably recognizes what is fair much as we all do. What he does not recognize is the rationality of being fair. Nor is this because he thinks there is some other consideration which overrides justice in this particular case. He does not deal with our complaint ‘But that isn't fair!’ by presenting other, allegedly overriding, considerations. Rather, such a complaint is not granted an initial relevance. ‘Why should I be just?’ he says. (shrink)

The goal of the present research was to identify the mechanism through which job security exerts its different effects on organizational citizenship behaviors among contract and permanent employees from social identity and social exchange perspectives. Our research suggests two distinct, yet related explanatory mechanisms: organizational identification and psychological contract breach, to extend the job security literature by examining whether psychological contract breach and organization identity complement each other and explaining the mechanism of different behaviors response to job (...) security across employment status. Data were collected from 211 Chinese employees and 61 supervisory ratings of OCBs. Our results showed that relative to psychological contract breach, organizational identification plays a stronger mediating role in the association between job security and OCBs. Evidence from multi-group analyses also suggested employment status moderated the mediation mechanism of organizational identification between job security and OCB. Implications for job security and hybrid employment management are discussed. (shrink)

For all contract theorists, including Kant, political legitimacy is based upon the consent of the governed. The differences amongst them begin to emerge when we inquire into the motivations and considerations which lead up to the agreement. For Kant, consent to the social contract is not based upon considerations of rational self-interest or prudence, nor upon a natural right to self-preservation and the guarantee of absolute property rights, but upon a moral obligation to institutionalize and make peremptory in (...) a social contract property rights that in the state of nature have only a provisional character. Whether this approach ultimately makes the idea of a voluntary agreement superfluous is a question I will address below. First I would like to consider the unique status Kant assigns to property rights in his theory of the social contract. This status has for the most part not been observed in the secondary literature, and Kant has even been accused of falling behind the achievements of Locke and Rousseau by grounding property rights on an element of brute force. However, since Kant himself espoused a labor theory of property rights in his earlier writings, it is important to consider carefully the basis for its subsequent rejection in the Rechtslehre. Further, since Kant’s theory of property rights constitutes an alternative to Locke, it may be possible to find within the contract tradition an alternative to the view of property rights found in some of its contemporary versions. (shrink)