Modern contract law accords considerable significance to the basic assumptions on which a contract is made. It thus takes to heart a failure of a belief whose truthfulness is taken for granted by both parties. Where the failure results from the parties’ mistake at the time of formation, “the contract is voidable by the adversely affected party,” if that mistake “has a material effect on the agreed exchange of performances” and unless that party “bears the risk (...) of the mistake.”1 Where, in turn, the failure of such a basic assumption results from the parties’ erroneous beliefs about future states of the world, a party’s duty to render performance may be discharged if they are not responsible for the supervening impracticability or frustration and “unless the language or the circumstances indicate the contrary.”2. (shrink)

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)

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

White supremacy is the unnamed political system that has made the modern world what it is today. You will not find this term in introductory, or even advanced, texts in political theory. A standard undergraduate philosophy course will start off with plato and Aristotle, perhaps say something about Augustine, Aquinas, and Machiavelli, move on to Hobbes, Locke, Mill, and Marx, and then wind up with Rawls and Nozick. It will introduce you to notions of aristocracy, democracy, absolutism, liberalism, representative government, (...) socialism, welfare capitalism, andlibertarianism. But though it covers more than two thousand years of Western political thought and runs the ostensible gamut of political systems, there will be no mention of the basic political system that has shaped the world for the past several hundred years. And this omission is not accidental. Rather, it reflects the fact that standard textbooks and courses have for the most part been written and designed by whites, who take their racial privilege so much for granted that they do not even see it as political, as a form of domination. Ironically, the most important political system of recent global history-the system of domination by which white people have historically ruled over and, in certain important ways, continue to rule over nonwhite people-is not seen as a political system at all. It is just taken for granted; it is the background against which other systems, which we are to see as political are highlighted. This book is an attempt to redirect your vision, to make you see what, in a sense, has been there all along. (shrink)

Leader behavioral integrity (BI) is central to perceived credibility and thus to leaders’ effectiveness at fostering ethical and other climates. Our research broadens the theoretical foundation for BI research by integrating the cognitive–attributional role of trust in the formation and maintenance of leader BI perceptions. Guided by recent research on trust primacy and prior theories of fairness used to examine ethical behavior, we examine how perceptions of leader BI can be either diminished or maintained through trust velocity following a psychological (...) contract breach. Using a field and an experimental study, we explore the manner in which followers perceive leader’s actions when conflicting interests lead to unfulfilled promises. We found that trust velocity mediates the relationship between a psychological contract breach and leader BI (study 1), and that informational justice moderates this relationship (study 2), suggesting that leaders can attenuate the impact of broken promises on ascribed BI. Our findings offer a pathway for leaders operating in dynamic contexts to preserve BI and also help address concerns that have been raised about the behavioral integrity construct regarding its conceptual overlap with related constructs such as trust, psychological contracts, and informational justice. (shrink)

Social values and beliefs systems are playing an increasingly influential role in shaping the attitudes and behavior of individuals and organizations towards the employment relationship. Many individuals seek a broader meaning in their work that will let them feel that they are contributing to the broader community. For many organizations, a willingness to behave ethically and assume responsibility for social and environmental consequences of their activities has become essential to maintaining their 'license to operate.' The appearance of these trends in (...) individual and organizational behavior towards outcomes that are more explicitly congruent with ethical and social values has significant implications for understanding the psychological contracts being created today. In this paper, we examine issues associated with the psychological contract and ethical standards of behavior, focusing on both the individual and organizational levels. (shrink)

Drawing on theories of social exchange and social information processing, we examined whether the influence of psychological contract breach on in-role performance and organization-directed citizenship behavior (OCBO) depends work group climate levels, specifically procedural justice climate and power distance climate. The findings supported our hypothesis that psychological contract breach exhibits a stronger influence on in-role performance and OCBO among members of units with favorable procedural justice climates. Support for a hypothesized moderating role of power distance climate was less (...) conclusive. We discuss the implications of our model and findings for theories of employee-organization relationships and practice. (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)

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)

Abstract:This paper develops a framework for examining decision making about ethical issues and tests the applicability of a social contract perspective. Using two separate samples of students and salespeople, we determine that community members (salespeople) tend to judge a potentially unethical act to constitute a violation of an implicit social contract and non-community members (students) do not. Also, consistent with the emphasis on context specificity of integrative social contracts theory, situational variables influence perceptions of ethicality for the community (...) members, but do not affect the perceptions of individuals outside the community. The study finds considerable support for the use of a social contractarian perspective in the study of decision-making processes about ethical issues. (shrink)

Philosophers and social scientists have recently turned to game theory and agent-based models to better understand social contract formation. The stag hunt game is an idealization of social contract formation. Using the stag hunt game, we attempt to determine what, if any, barrier diversity is to the formation of an efficient social contract. We uncover a deep connection between tolerance, diversity, and the social contract. We investigate a simple model in which individuals possess salient traits and (...) behave cooperatively when the difference between their trait and the trait of their counterpart is less than their ‘tolerance level’. If traits are fixed and correspond to permanent or semipermanent features of the individual, such as religion or race, social contract formation is a remote possibility. If traits are malleable, social contract formation is possible but comes at the steep cost of diversity and tolerance, that is, individuals are unwilling to cooperate with those much different from themselves. Yet homogeneity and intolerance are not a long-term feature of the population. Over time mutations allow for increasingly tolerant agents to prosper, thereby ushering in trait diversity. In the end, all reap the benefits of cooperation. (shrink)

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for (...) subsuming individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society. (shrink)

(2013). Critical notice of Aaron James, Fairness in Practice: A Social Contract for a Global Economy. Canadian Journal of Philosophy: Vol. 43, No. 3, pp. 382-401.

This second paper explores psychiatrists’ ethical obligations in the face of the failure of the social contract – inherent failures in distributive justice, the failure of the sovereign and the reconstitution of the social contract in post-conflict societies. Such situations present many sources of ethical tension between the professional ethical obligations of psychiatrists to their individual patients and to their society.

Revolutionary in its own time and controversial to this day, this work is a permanent classic of political theory and a key source of democratic belief. Rousseau's concepts of "the general will" as a mode of self-interest uniting for a common good, and the submission of the individual to government by contract inform the heart of democracy, and stand as its most contentious components today. Also included in this edition is Rousseau's Discourse on Political Economy", a key transitional work (...) between his Discourse on Inequality and The Social Contract. This new translation offers fresh insight into a cornerstone of political thought, which is further illuminated by a comprehensive introduction and notes. (shrink)

Business organizations in their work environment, aspire to create a high level of performance and low levels of absenteeism and turnover. Organizational commitment is considered a key factor in achieving this objective, however, it can be conditioned by several factors, among which is the psychological contract. The literature has related the organizational commitment with the fulfillment of the psychological contract framing it as one of the explanatory variables. This work aims to investigate research trends on psychological contract (...) and organizational commitment. For this purpose, bibliometric techniques and the software SciMAT have been used. 220 journal articles indexed in Web of Science (WoS) were analyzed. The findings indicate that the theme chosen for this review is valid. Based on the relationship between the two concepts, as the most recurrent themes, issues such as the sense of justice and the consequences of the violation of the psychological contract, normative commitment, HR management or job insecurity are addressed. However, in the last period analyzed (2015–2018), publications related to more sensitive topics to the present time emerge, such as the employability or the impact of these two concepts in the new generations (millennial and generation-Y) or the retention of talent. On the other hand, shortcomings are detected in the research on the ideologically charged psychological contract, the analysis of the organizational context or cultural and demographic factors in relation to both theoretical constructs. The contribution of this work lies in giving visibility to scientific results, which will serve business organizations as instruments for decision making in their labor management and, for the scientific community, as knowledge of the research spaces to explore. (shrink)

This chapter contains sections titled: A Lockean Argument for the Right to Liberty Our Rational Moral Competence From Liberty to Lockean Contractarianism.

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)

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of (...) class='Hi'>contract can contribute to the realisation of the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

This essay examines the promise of the notion of modus vivendi for realist political theory. I interpret recent theories of modus vivendi as affirming the priority of peace over justice, and explore several ways of making sense of this idea. I proceed to identify two key problems for modus vivendi theory, so conceived. Normatively speaking, it remains unclear how this approach can sustain a realist critique of Rawlsian theorizing about justice while avoiding a Hobbesian endorsement of absolutism. And conceptually, the (...) theory remains wedded to a key feature of social contract theory: political order is conceived as based on agreement. This construes the horizontal tensions among individual or group agents in society as prior to the vertical, authoritative relations between authorities and their subjects. Political authority thereby appears from the start as a solution to societal conflict, rather than a problem in itself. I argue that this way of framing the issue abstracts from political experience. Instead I attempt to rethink the notion of modus vivendi from within the lived experience of political conflict, as oriented not primarily toward peace, but political survival. With this shift of perspective, the idea of modus vivendi shows us, pace Bernard Williams, that the “first political question” is not how to achieve order and stability, but rather: what can I live with? (shrink)

This article underlines and draws attention to critical insights Esposito makes regarding the prospects of rethinking community in a globalized world. Alongside Agamben and Nancy, Esposito challenges the property prejudice found in mainstream models of community. In identity politics, collective identity is converted into a form of communal property. Borders, sovereign territories, and exclusive rights are fiercely defended in the name of communal property. Esposito responds to this problem by developing what I call a “deontological communal contract” where being (...) and ethics are prioritized over having and economics. I examine this new perspective on community in relation to mainstream models found in contemporary and classical social theory. (shrink)

Future technological developmentsconcerning food, agriculture, and theenvironment face a gulf of social legitimationfrom a skeptical public and media, in the wakeof the crises of BSE, GM food, and foot andmouth disease in the UK (House of Lords, 2000). Keyethical issues were ignored by the bioindustry,regulators, and the Government, leaving alegacy of distrust. The paper examinesagricultural biotechnology in terms of a socialcontract, whose conditions would have to be fulfilled togain acceptance of novel applications. Variouscurrent and future GM applications areevaluated against these (...) conditions. Successwould depend critically on how far a sharedvision can be found with the public. Tore-establish trust, significant changes areidentified in the planning and pursuit ofbiotechnology. (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)

Contract cheating is a major problem in Higher Education because it is very difficult to detect using traditional plagiarism detection tools. Digital forensics techniques are already used in law to determine ownership of documents, and also in criminal cases, where it is not uncommon to hide information and images within an ordinary looking document using steganography techniques. These digital forensic techniques were used to investigate a known case of contract cheating where the contract author has notified the (...) university and the student subsequently confirmed that they had contracted the work out. Microsoft Word documents use a format known as Office Open XML Format, and as such, it is possible to review the editing process of a document. A student submission known to have been contracted out was analysed using the revision identifiers within the document, and a tool was developed to review these identifiers. Using visualisation techniques it is possible to see a pattern of editing that is inconsistent with the pattern seen in an authentic document. (shrink)

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law? Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice.

The traditional problem of the social contract defies solution. Agents with the motivations traditionally assumed would not in the circumstances traditionally assumed voluntarily arrive at a contract or voluntarily keep it up, as we can now understand, more clearly than our illustrious predecessors, by treating the problem in terms not available to them: the terms of Prisoner's Dilemma and of the theory of public goods.

An argument that anyone can pursue political agency and resistance through photography, even those with flawed or nonexistent citizenship.

Using forgiveness theory, we investigated the effects of organizational apology and restitution on eliciting forgiveness of a transgressing organization after transactional psychological contract breach. Forgiveness theory proposes that victims are more likely to forgive offenders when victims’ positive offender-oriented emotions replace negative ones. Three pre-post laboratory experiments, using vignettes about a broken promise of financial aid, found that while apology-alone and restitution-alone each increased likelihood of forgiving, restitution-alone was the more effective of the two responses. When combined with an (...) apology, restitution boosted the effect of apology-alone. However, restitution was unnecessary if positive emotions replaced negative ones; third-party blame accomplished this negative-to-positive emotion replacement. Consistent with forgiveness theory, offender-oriented negative-to-positive emotion replacement partially mediated all effects, and negative emotion reductions were strongly correlated with positive emotion gains. We discuss implications for the repair of damaged norms and relationships within an organizational community. These include reparative effects of apology and restitution, dual-process conceptions of violation and repair, repair after psychological contract breach, and emotion replacement models of forgiveness. (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.

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)

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)

Early contractarians such as Thomas Hobbes and Jean-Jacques Rousseau stretched the idea of contract to encompass all realms of society: the political, the economic, the familial. Contract is still a fundamental concept for many modern disciplines; indeed, it names fields in political philosophy, in economics, and in law. There was no such governing notion of contract in the fourteenth century, no metaphor of exchange that could link together ideas about agency, conditions, profit, and responsibility from different disciplines (...) and provide a theory of the basis of society itself. Retrospectively it may seem that scattered ideas about contract were, in fact, being developed: for instance, by the common law in the actions called debt, covenant, and trespass; by constitutional theory, in conciliarism; by economic thought, in a miscellany of glosses and laws redressing fraud and regulating prices and markets; by theology, in discussions of will, intention, and the marriage sacrament; by the civil law, in Roman law of contract; and by canon law, in treatments of individual consent and incapacity in marriage. Yet nothing about this discontinuous hodgepodge predicts that a fundamental connection among those topics will emerge in later political theory. To find a powerful combination of social analysis and political philosophy that takes up the issues deliberated by the later contractarians, we can call upon a medieval allegorist. (shrink)

This paper demonstrates how ideology plays a major, but previously neglected role in Rousseau's treatment of politics in the Social Contract. Specifically, it shows how a number of key elements in his line of argument come close to ideology criticism as it is conceived in Louis Althusser's theory of ideological state apparatuses. This is the case not just in relation to the distinction between general will and particular will, but also in relation to such concepts as property and social (...) contract. However, the paper also demonstrates how this pre-Marxist understanding of ideology co-exists in the text with a different and more primitive understanding of ideology which is incompatible with Marxism and which points back to Rousseau's previous discourse on the origins of inequality. The paper concludes that while there are definitely elements in Rousseau's text which point toward a future development of the theme of ideology in Marxist theory, the Social Contract on the whole is characterized by heterogeneity on this topic. (shrink)

Game theory based on rational choice is compared with game theory based on evolutionary, or other adaptive, dynamics. The Nash equilibrium concept has a central role to play in both theories, even though one makes extremely strong assumptions about cognitive capacities and common knowledge of the players, and the other does not. Nevertheless, there are also important differences between the two theories. These differences are illustrated in a number of games that model types of interaction that are key ingredients for (...) any theory of the social contract. (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)

This piece argues that free migration was a central if implicit part of the liberal social contract and that America’s founders were both aware of this and exploited it to legitimate their new state. The piece begins by describing this uniquely American contribution to liberal political thought. It then juxtaposes this contribution against the nature of our own international order, to show just how foreign the American Century has become. The piece closes with a short depiction of what an (...) American Century would look like today—were it true to this early ideal—and comments on its feasibility. (shrink)

The supply chain in the new retail context demands higher requirements on the price, service, and logistics level. It is very important to seek the coordination among the optimal price, service level, and logistics level. In this paper, we propose the coordination of pricing, the service level, and delivery time of a new retail supply chain composed of one product supplier, one platform service provider, and one logistics provider. Firstly, the profit function mode of product pricing, platform service level, and (...) logistics distribution level that influence the consumers’ demand is constructed in two modes, namely, the centralized and decentralized decision mode. Then, we calculate and compare the optimal product price, the optimal platform service level, the optimal delivery time, and the profit of each member of the supply chain from both decision modes. We discovered that cooperation improves the service level, logistics level, and the income of each member of the new retail supply chain. Therefore, we propose a novel mode called the coordination mode as a strategy for the supply chain based on the combination contract. We performed a numerical analysis to demonstrate the feasibility and effectiveness of the coordination contract. (shrink)