롤즈는 『정치철학사 강의』의 ‘흄에 대한 강의’에서 흄의 「원초적 계약에 관하여」가 ‘로크’의 사회계약론을 비판하고 있다며 이를 재비판하고 있다. 롤즈가 강조하는 흄이 간과하는 측면은 “그[로크]의 사회 계약 기준이 언제 현존하고 합법적인 정체가 개별적으로 개인들을 구속하는가, 그렇다면 누가 체제의 완전한 시민이자 신민인가의 문제를 상정한다”는 것이다. 롤즈는 로크의 입장을 우선 다음과 같이 정식화한다: 정치적 체제는 그것이 만약 역사적 변화의 옳게-행해진 과정, 완전한 자유와 평등 상태와 함께 시작한 과정 동안 가입 계약될 수 있었을(could have been contracted into) 것과 같은 것일 경우에, 그리고 이 경우에 한해 (...) 합법적이다. 그리고, 개인들은 합법적 체제를 이것이 진정 현존하고 효과적으로 작동 중일 때 지지해야 할 자연법적 의무가 있다고 롤즈는 로크를 해석한다. 계속 롤즈의 로크 해석에 따르면, 이러한 이념적 역사 과정에서, 모든 사람은 그들의 합법적 ‘이익’들을 증진하기 위해 합리적으로 행동한다. 그렇다면, 롤즈는 주장하길, 로크와 흄 사이의 정말로 본질적인 쟁점은 로크의 사회 계약론이 흄의 ‘효용’개념에 의해 선별될 아주 동일한 무리의 정치 체제 혹은 헌정을 옳고 정의로운 것으로 선별했을 것인가 아닌가이다. 그런데, 로크의 체제는 효용에 부응함이라는 흄의 조건을 만족시키는 바이다. 따라서, 흄의 ‘효용 원리에 근거한’ 로크 사회 계약론 비판은 로크의 기준이 흄의 효용 원리를 포함하고, 일반적 사회 제도들이 공적으로 실제 이 원리를 만족시킴에, ‘결과적으로 새로운 것이 없고 무익한’ 것으로 롤즈에 의해 여겨지는 것이다. 그러나, 논자가 흄의 「원초적 계약에 관하여」를 다시 들여다보면, 통치체가 계약에 기초하지 않으므로, 통치체에의 복종의 의무가 원초적 계약에 기초하지 않고, 통치체에 대한 반란은 보통 ‘정치적 혁신 항쟁’으로 여겨진다. 그리고 이러한 ‘혁신 항쟁’이 “역사나 경험에 의해” 흄에 의해 추사유(追思惟)되길, “정복이나 찬탈, 즉 보통 용어로 힘(force)이 이전 통치체를 해체하며 거의 모든 새로운, 세계에 혹 수립된 통치체의 기원이다.” 결론적으로, 롤즈의 ‘흄의 반(反)계약론’ 비판은 ‘효용’에 주목하여 흄의 로크 비판에서 효용 원리의 무익성을 주장하나, 롤즈의 성급한 초월적 몰역사주의적 흄 독해가 흄의 산종적(disseminative) 역사-철학 하기 스타일을 충분히 소화해내는 어려운 작업을 완수하는 데는 못 미치고 있다고 평가할 수 있겠다. (shrink)

전통적 사회 계약 사상은 국가의 정치적 정당성이 국가 구성원의 자발적인 동의나 약속에 기반해 있는 것으로 이해한다. 칸트(Immanuel Kant)는 국가의 법적 권위가 시민들의 자발적인 합의에 기반해 있다는 사회 계약 사상의 핵심아이디어를 받아들이는 한편, 국가를 성립시키는 사회 계약을 이성의 이념으로 특징지음으로써 이전의 사회 계약 이론들과 결정적으로 다른 관점을 제시한다. 칸트에 따르면, 공법 체제를 통해 운영되는 국가를 성립시키는 근원적 사회 계약은 어떠한 구체적인 역사적 사실로서 확인될 수 없다. 그러나 칸트는 그러한 근원적 사회 계약이 여타 다른 모든 공적 법칙들에 합법성을 부여하는 이성의 이념으로서, 국가법의 (...) 영역에서 의심할 여지가 없는 실재성을 가지고 있다고 주장한다. 국가를 성립시키는 근원적 사회 계약을 경험적인 실제 동의 절차와 관련 없는 이성의 이념으로 제시함으로써, 칸트의 사회 계약 이론은 정의로운 사회가 어떠한 것이어야 하는지에 대한 구체적인 지침이나 사회 구성원들로 하여금 사회의 공법 체제에 순응하게 만들 실질적인 제약을 제시하는 데 실패했다는 비판이 있어왔다. 본 논문은「이론에서는 옳을지 모르지만 실천에는 쓸모없다고 하는 속설」및『도덕형이상학』의『법론의 형이상학적 기초원리』에서 칸트가 근원적 사회 계약을 이성의 이념으로 특징짓는 방식을 살펴보고, 그러한 비판들에 칸트가 어떠한 답변을 제시할 수 있는지 살펴본다. 이와 관련하여 특히, 칸트의 사회계약 이론은 구성원들의 실제 동의 요건을 포함하는 루소(Jean-Jacques Rousseau)의 사회 계약 이론으로 보완되어야 한다는 윌리엄스(David Lay Williams)의 주장을 비판적으로 검토한다. (shrink)

This paper considers whether the available evidence from archeology, biological anthropology, primatology, and comparative gene-sequencing, can test evolutionary game theory models of cooperation as historical hypotheses about the actual course of human prehistory. The examination proceeds on the assumption that cooperation is the product of cultural selection and is not a genetically encoded trait. Nevertheless, we conclude that gene sequence data may yet shed signi cant light on the evolution of cooperation.

The authors of the article aim to show the ideological and historical origins of the idea of a social contract, as well as the fundamental difference between the modern version of the social contract and its historical predecessors. By distinguishing between the synodal and contractual principles of integration, the authors conclude that the social contract is not a purely modern political idea. The contractual principle as the basis of the organization and legitimization of power was systematically developed (...) already in the XIII-XIV centuries, taking the form of a socio-political program in the theory of the cathedral governance of the church. In contrast to medieval concepts, the modern social contract is not a consequence of God's established order, but the will of human individuals. Due to this determination of will, individuals limit their natural freedom for the sake of the possibility and good of common existence. (shrink)

The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face (...) today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas. (shrink)

We present a decision-theoretically motivated notion of contraction which, we claim, encodes the principles of minimal change and entrenchment. Contraction is seen as an operation whose goal is to minimize loses of informational value. The operation is also compatible with the principle that in contracting A one should preserve the sentences better entrenched than A (when the belief set contains A). Even when the principle of minimal change and the latter motivation for entrenchment figure prominently among the basic intuitions in (...) the works of, among others, Quine and Ullian (1978), Levi (1980, 1991), Harman (1988) and Gärdenfors (1988), formal accounts of belief change (AGM, KM – see Gärdenfors (1988); Katsuno and Mendelzon (1991)) have abandoned both principles (see Rott (2000)). We argue for the principles and we show how to construct a contraction operation, which obeys both. An axiom system is proposed. We also prove that the decision-theoretic notion of contraction can be completely characterized in terms of the given axioms. Proving this type of completeness result is a well-known open problem in the field, whose solution requires employing both decision-theoretical techniques and logical methods recently used in belief change. (shrink)

This dissertation begins with an exploration of the method John Rawls uses to justify his choice situation, the original position, and his conception of justice, justice as fairness. The method consists of three criteria that Rawls' theory of justice is able to meet, leading him to declare the original position, and the conception of justice be derives from it, philosophically most favored. Once this method of justification has been explicated, a method of evaluating theories of justice that meet (...) the criteria for justification will be established. The primary purpose of this dissertation is to apply this method of justification to Jean-Jacques Rousseau' s social contract theory and comparatively evaluate it against Rawls' theory of justice. The results of this application show that Rousseau's contracting situation and conception of justice are able to meet the three criteria of Rawls' method. This shows that Rousseau's theory is justified in exactly the same manner as Rawls' theory of justice. The two theories are then evaluated, and it is argued that Rousseau's social contract theory must be declared philosophically most favored. (shrink)

Thomas hobbes's papers at chatsworth prove that he had considerable knowledge of legal concepts. apparently he used the chatsworth copy of christopher saint german's "doctor" and "student" in developing his concept of contractual obligation. realizing this is useful for a careful analysis of hobbes's theory of why contracts oblige. the crucial problem is hobbes attempt to explain why we should perform a disadvantageous contract. he suggests different motives in all three of his major political works. in "leviathan" he finally (...) settles on the argument that it is always to our long-term advantage to fail to keep contracts. this argument is not very satisfactory, but it is the best that he can come up with given his account of human nature. (shrink)

One of the widespread confusions concerning the history of the 1887 Michelson-Morley experiment has to do with the initial explanation of this celebrated null result due independently to FitzGerald and Lorentz. In neither case was a strict, longitudinal length contraction hypothesis invoked, as is commonly supposed. Lorentz postulated, particularly in 1895, any one of a certain family of possible deformation effects for rigid bodies in motion, including purely transverse alteration, and expansion as well as contraction; FitzGerald may well have had (...) the same family in mind. A careful analysis of the Michelson-Morley experiment (which reveals a number of serious inadequacies in many text-book treatments) indeed shows that strict contraction is not required. (shrink)

_Contract Theory_ examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is (...) the "reasonable person standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law. (shrink)

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus (...) men's patriarchal right over women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

I investigate the problem of contracting a dependency-network with respect to any of its nodes. The resulting contraction must not contain the node in question, but must also be a minimal mutilation of the original network. Identifying successful and minimally mutilating contractions of dependency-networks is non-trivial, especially when non-well-founded networks are to be taken into account. I prove that the contraction problem is NP-complete.1.

Michel Serres’s natural contract is not merely a proposal for an alternative legal or political paradigm. It offers something deeper: a new imaginary to unsettle and confront the deep assumptions of classical social contract theories and their retrojected justification: the state of nature. The argument of this article is that Serres systematically unpicks the conditions of possibility of the contractual paradigm in the modern social imaginary, replacing them with an original noise, a primacy of parasitic relationships and (...) a telos of symbiosis. This reframes the natural contract as the visible profile of a comprehensive social and natural imaginary that radically refigures society and ecology otherwise than on the basis of primacy of reciprocal exchange relationships between self-sufficient individuals. (shrink)

This is a review of a volume including Locke's Second Treatise, Rousseau's Social Contract, and Hume's "Of the Original Contract." The Rousseau essay is translated by Gerard Hopkins, and Ernest Baker provides an introduction to the texts.

Blockage contraction is an operation of belief contraction that acts directly on the outcome set, i.e. the set of logically closed subsets of the original belief set K that are potential contraction outcomes. Blocking is represented by a binary relation on the outcome set. If a potential outcome X blocks another potential outcome Y, and X does not imply the sentence p to be contracted, then Y ≠ K ÷ p. The contraction outcome K ÷ p is equal to (...) the (unique) inclusion-maximal unblocked element of the outcome set that does not imply p. Conditions on the blocking relation are specified that ensure the existence of such a unique inclusion-maximal set for all sentences p. Blockage contraction is axiomatically characterized and its relations to AGM-style operations are investigated. In a finite-based framework, every transitively relational partial meet contraction is also a blockage contraction. (shrink)

A discourse on the arts and sciences -- A discourse on the origin of inequality -- A discourse on political economy -- The general society of the human race -- The social contract.

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by (...) a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

Specified meet contraction is the operation defined by the identity where ∼ is full meet contraction and f is a sentential selector, a function from sentences to sentences. With suitable conditions on the sentential selector, specified meet contraction coincides with the partial meet contractions that yield a finite-based contraction outcome if the original belief set is finite-based. In terms of cognitive realism, specified meet contraction has an advantage over partial meet contraction in that the selection mechanism operates on sentences (...) rather than on temporary infinite structures (remainders) that are cognitively inaccessible. Specified meet contraction provides a versatile framework in which other types of contraction, such as severe withdrawal and base-generated contraction, can be expressed with suitably chosen properties of the sentential selector. (shrink)

With splendid new translations, these four major works offer a superlative introduction to a great social philosopher whose ideas helped spark a revolution that has still not ended. Can individual freedom and social stability be reconciled? What is the function of government? What are the benefits and liabilities of civilization? What is the original nature of man, and how can he most fully realize his potential? These were the questions that Jean-Jacques Rousseau investigated in works that helped set the (...) stage for the French Revolution and have since stood as eloquent expressions of revolutionary views, not only in politics but also in such areas as personal lifestyles and educational practices. Rousseau’s concepts of the natural goodness of man, the corrupting influence of social institutions, and the right and the power of the people to overthrow their oppressors and create new and more responsive forms of government and society are as richly relevant today as they were in eighteenth-century France. Includes: The Social Contract Discourse on Inequality Discourse on the Arts and Sciences “The Creed of a Savoyard Priest”. (shrink)

It is easy to dispose of the historical aspect of this question. When Aristotle affirmed that the family is more natural than the State, in the sense of original rather than final or necessary, and taught his contemporaries to regard the State as the result of a gradual development through the family and the tribe, he adopted a viewpoint which would probably find universal endorsement to-day. Only a particularly perverse writer would endeavour to revive the controversy as to whether (...) or not the institution of the State began with explicit resolutions concluded at a specific date. No doubt there are plentiful instances of the establishment of particular States through some agreement or contract on the part of its members. The case of the Pilgrim Fathers is often cited as a classical example. But this does not give us an original contract. We should seek one in vain. (shrink)

Generalizations of partial meet contraction are introduced that start out from the observation that only some of the logically closed subsets of the original belief set are at all viable as contraction outcomes. Belief contraction should proceed by selection among these viable options. Several contraction operators that are based on such selection mechanisms are introduced and then axiomatically characterized. These constructions are more general than the belief base approach. It is shown that partial meet contraction is exactly characterized by (...) adding to one of these constructions the condition that all logically closed subsets of the belief set can be obtained as the outcome of a single (multiple) contraction. Examples are provided showing the counter-intuitive consequences of that condition, thus confirming the credibility of the proposed generalization of the AGM framework. (shrink)

Over the last 20 years, a paternalistic view in health care has been losing ground. The question about less asymmetrical positions in the healthcare professional–patient relationship is, for example, being addressed by the increased emphasis on person‐centred care, promoted in disciplines such as medicine and nursing. Partnership is considered as a key component in person‐centred care. Although the previous studies have addressed the attributes inherent in partnership, there is still potential for further discussion on how the various interpretations of partnership (...) influence their use in healthcare literature. A vague understanding might also affect education and evaluation. As we see it, the philosophical underpinnings of the idea of partnership have not been sufficiently explored and discussed. The study reveals that partnership originates in the term “partener” defined as a relationship between individuals or groups characterized by cooperation and responsibility. Etymologically speaking, partnership is hence bound by a contract, which in this study is discussed in the frame of Rawls’ contract theory, which in turn intersects with Benhabib and her distinction between “the abstract” and “the concrete Other.” Further, the expression “equal partnership,” which often appears in the context of person‐centredness, is explored in relation to the philosophies of Rawls and Benhabib. The opportunity for partnership, as well as the risk of partnership becoming a tempting magnet with a vague and imprecise meaning, is discussed. Without exploration, reflection and discussion of the philosophical underpinnings, partnership carries a substantial risk of becoming an indistinct idea used in health care. (shrink)

A model of coherentist belief contraction is constructed. The outcome of belief contraction is required to be one of the coherent subsets of the original belief set, and a set of plausible properties is proposed for this set of coherent subsets. The contraction operators obtained in this way are shown to coincide with well-known belief base operations. This connection between coherentist and "foundationalist" approaches to belief change has important implications for the philosophical interpretation of models of belief change.

This article discusses the role played by interpersonal comparisons in matters of justice and equity. The role of such interpersonal comparisons has initially been made explicit in the context of social choice theory through the concept of extended preferences. Social choice theorists have generally claimed that extended preferences should be taken as being uniform across a population. Three related claims are made within this perspective. First, though it is sometimes opposed to social choice theory, the social contract approach may (...) also consider the possibility of interpersonal comparisons. This is due to the fact that justice principles may be partially justified on a teleological basis. Second, searching for the uniformity of interpersonal comparisons is both hopeless and useless. In particular, moral disagreement does not originate in the absence of such uniformity. Third, interpersonal comparisons should be accounted for both in social choice and social contract theories in terms of sympathetic identification based on reciprocal respect and tolerance, where each person’s conception of the good partially takes care of others’ good. From the moral point of view, any person’s conception of the good should thus be ‘extended’ to others’ personal conceptions. This extension is, however, limited due to the inherent limitations in sympathetic identification and is a long way from guaranteeing the uniformity assumed by social choice theorists. (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)

A powerful work of moral and political philosophy.The idea which I shall present here came to me more or less out of the blue. I was on a train some five years ago, on my way to spend a day at Headingley and I was reading a book about the death camp at Sobibor... The particular, not very appropriate, conjunction involved for me in this train journey... had the effect of fixing my thoughts on one of the more dreadful features (...) of human coexistence, when in the shape of a simple five-word phrase the idea occurred to me. In The Contract of Mutual Indifference, Norman Geras discusses a central aspect of the experience of the Holocaust with a view to exploring its most important contemporary implications. In a bold and powerful synthesis of memorial, literary record, historical reflection and political theory, he focuses on the figure of the bystander -- the bystander to the destruction of the Jews of Europe and the bystander to more recent atrocities -- to consider the moral consequences of looking on without active response at persecution and great suffering. Geras argues that the tragedy of European Jewry, so widely pondered by historians, social scientists, psychologists, theologians and others, has not yet found its proper reflection within political philosophy. Attempting to fill the gap, he adapts an old idea from within that tradition of enquiry, the idea of the social contract, to the task of thinking about the triangular relation between perpetrators, victims and bystanders, and draws a somber conclusion from it. Geras goes on to ask how far this conclusion may be offset by the hypothesis of a universal duty to bring aid. The Contract of Mutual Indifference is an original and challenging work, aimed at the complacent abstraction of much contemporary theory. It is supplemented by three shorter essays on the implications of the Jewish catastrophe for conceptions of human nature and progress and for certain types of Marxist explanation. (shrink)

The basic assumption of repertoire contraction is that only some of the logically closed subsets of the original belief set are viable as contraction outcomes. Contraction takes the form of choosing directly among these viable outcomes, rather than among cognitively more far-fetched objects such as possible worlds or maximal consistent subsets of the original belief set. In this first investigation of repertoire contraction, postulates for various variants of the operation are introduced. Necessary and sufficient conditions are given for (...) when repertoire contraction coincides with AGM contraction or with operations generated by AGM-style contraction on a belief base. A close connection is shown to hold between repertoire contraction and specified meet contraction. (shrink)

Suppose we assume that the parties in the original position took Kahneman and Tversky's prospect theory as constituting their general knowledge of human psychology that survives through the veil of ignorance. How would this change the choice situation of the original position? In this paper, I present what I call ‘prospect utilitarianism’. Prospect utilitarianism combines the utilitarian social welfare function with individual utility functions characterized by Kahneman and Tversky's prospect theory. I will argue that, once prospect utilitarianism is (...) on the table, Rawls's original arguments in support of justice as fairness as well as his arguments against utilitarianism are, at best, inconclusive. This shows that how implausible a choice for utilitarianism in the original position is heavily depends on what one assumes to be general knowledge of human psychology that the original contracting parties know. (shrink)

Originally published in 1987. This book analyses what Englishmen understood by the term contract in political discussions during the late seventeenth and early eighteenth centuries. It provides evidence for reconsidering conventional accounts of the relationships between political ideas, groups and practices of the period. But also suggests cause for examining the general history of modern European contract theory. It considers contract as a term appearing in a spectrum of works from philosophical treatise to sermons and polemical pamphlets. (...) Looking at the various vocabularies relating to contractualist ideas, the author suggests that standard histories of social contract theory and particular histories of English political thought during this unstable period have misrepresented the meaning of the term contract as a key term in political argument. He shows that there were in fact three different categories of contract theory but allows that the various kinds of contractualism did share certain broad features. This study of a crucial age in the history of appeals to contract in political argument will be of interest to political philosophers and historians. features. This study of a crucial age in the history of appeals to contract in political argument will be of interest to political philosophers and historians. (shrink)

A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a conventional marriage. Before addressing the specificities of the French civil partnership contract, designated as a civil covenant of solidarity, commonly known as PACS, it is necessary to define and explain the origin of this type of contract. The conclusion of a PACS, despite the fact that it is less formal than (...) marriage, implies the respect of certain conditions of substance and form during its formation and its modification. Recently, PACS has undergone changes on this point, through a simplification of the rules of form with the establishment of its statement and registration by the registrar, removing the court clerk’s intervention. Once the PACS is concluded, with the main purpose of organizing the couple’s common life, this contract produces personal, pecuniary and patrimonial effects between the partners. As the PACS is legally only a contract, it can be dissolved by the appearance of four events. When PACS is dissolved, consequences result for the situation of the partners because they must proceed to the liquidation of the property they own and also repay the debts incurred during the period of their living together. If the dissolution of PACS is caused by the death of one of the partners, then particular consequences will affect the situation of the surviving partner. In fact, couples who entered into a PACS are not considered heirs in the eyes of the law. However, there are alternatives preventing the application of this principle, but they must be realized during the lifetime of the partners. (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)

This text argues that justice is a virtue which everyone shares - a function of personal character and not just of government or economic planning. It uses examples from Plato to Ivan Boesky, to document how we live and how we feel.

Contract cheating – outsourcing student assignments for a fee – presents a growing threat to the integrity of higher education. As contract cheating is based on students purchasing assignments that are original, traditional plagiarism detection tools remain insufficient to detect contract cheating. Part of the problem is that proving contract cheating is difficult. As a result, instructors may find it hard to prosecute students. To help address the problem, this conceptual paper builds upon extant scholarship (...) on contract cheating and argues that a novel evidence-based approach is needed. Such an approach should allow instructors to detect and prosecute cases of contract cheating effectively and efficiently. The paper then presents an outline of such an approach and calls it the “Doping Test” approach as it mimics some aspects of doping testing in professional sport. (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)

The notion of extant social contracts (ESC), which was the original contribution that Tom Dunfee provided to contractualist business ethics (CBE) and Integrated Social Contracts Theory (ISCT) more specifically, has commanded less research attention to date than one would expect based on its apparent empirical face validity and its disciplinary spanning potential. This article attempts to revive the ESC concept in both normative and positive research at the intersection of business, management, and ethics and law. After identifying three features (...) that positively distinguish ESC from ISCT, this article argues that the yet unrealized conceptual potential of ESC is most likely to be cashed out when it is applied to the field of private international business regulation and when it is conceptually connected to the legitimizing perspective of institutional theory. (shrink)