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)

This book explores how the design, construction, and use of robotics technology may affect today's legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of "hard cases." General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal (...) accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships. (shrink)

Downsizing has become a significant public issue that has not yet been significantly studied by business ethicists. It is proposed that reasonable social and psychological contracts bound the moral free space of managers contemplating downsizing; the degree of constraint is also dependent on the organization's resource munificence. A framework for considering the extent of managerial moral free space and implications thereof for managerial practice are offered.

Prescription opioid abuse (POA) is an escalating clinical and public health problem. Physician worries about iatrogenic addiction and whether patients are ‘drug seeking’, ‘abusing’ and ‘diverting’ prescription opioids exist against a backdrop of professional and legal consequences of prescribing that have created a climate of distrust in chronic pain management. One attempt to circumvent these worries is the use of opioid contracts that outline conditions patients must agree to in order to receive opioids. Opioid contracts have received some (...) scholarly attention, with trust and trustworthiness identified as key values and virtues. However, few articles have provided a critical account of trust and trustworthiness in this context, particularly when there exists disagreement about their role in terms of enhancing or detracting from the patient–physician relationship. This paper argues that opioid contracts represent a misleading appeal to patient–physician trust. Assuming the patient is untrustworthy may wrongfully undermine the credibility of the patient's testimony, which may exacerbate certain vulnerabilities of the person in pain. However, misplaced trust in certain patients may render the physician vulnerable to the potential harms of POA. If patients distrust their physician, or feel distrusted by them, this may destabilise the therapeutic relationship and compromise care. A process of epistemic humility may help cultivate mutual patient–physician trust. Epistemic humility is a collaborative effort between physicians and patients that recognises the role of patients’ subjective knowledge in enhancing physicians’ self-understanding of their theoretical and practice frameworks, values and assumptions about the motivations of certain patients who report chronic pain. (shrink)

Fiester and Yuan (2023) address an important, hitherto underdiscussed issue: ethical hazards of behavior contracts linked to patients’ and families’ demeanor in interacting with the healthcare team...

Downsizing has become a significant public issue that has not yet been significantly studied by business ethicists. It is proposed that reasonable social and psychological contracts bound the moral free space of managers contemplating downsizing; the degree of constraint is also dependent on the organization's resource munificence. A framework for considering the extent of managerial moral free space and implications thereof for managerial practice are offered.

Long used as a tool for medical compliance and adhering to treatment plans, behavior contracts have made their way into the in-patient healthcare setting as a way to manage the “difficult” patient and family. The use of this tool is even being adopted by healthcare ethics consultants (HECs) in US hospitals as part of their work in navigating conflict at the bedside. Anecdotal evidence of their increasing popularity among clinical ethicists, for example, can be found at professional bioethics meetings (...) and conversations and idea-sharing among practitioners on HEC social media. While there are a handful of papers gesturing toward a bioethical critique of behavior contracts of various types, the use of behavior contracts in the context of interpersonal conflict has not been vetted by bioethicists to determine their ethical legitimacy or efficacy. In this paper, we highlight a set of ethical concerns that we believe must be addressed before continuing or widespread implementation of behavior contracts to manage the “difficult” patient or family. (shrink)

Pre-commitment directives or Ulysses contracts are often defended as instruments that may strengthen the autonomous self-control of episodically disordered psychiatric patients. Autonomy is understood in this context in terms of sovereignty ("governing" or "managing" oneself). After critically analyzing this idea of autonomy in the context of various forms of self-commitment and pre-commitment, we argue that what is at stake in using Ulysses contracts in psychiatry is not autonomy as sovereignty, but autonomy as authenticity. Pre-commitment directives do not function (...) to protect autonomous self-control. They serve in upholding the guidance that is provided by one's deepest identity conferring concerns. We elucidate this concept of autonomy as authenticity, by showing how Ulysses contracts protect the possibility of being "a self.". (shrink)

This research documents consumers’ potential to monitor corporations’ License to Operate through their consumption responses to corporate social responsibility failures. The premise is that the type of social contracts or standards in place may determine how consumers, through their individual and collective behaviors, can play a direct role in influencing corporate behavior, when corporations fail to meet social responsibility standards. An experiment conducted with a large sample of consumers in the United States shows that consumers respond differently to a (...) company’s failure in its social responsibilities depending on whether the violated standard is a government mandate or a voluntary commitment and depending on the consumers’ own environmental consciousness. The findings highlight the potential power of individual consumers and consumer collectives in narrowing the governance gaps relative to social and environmental issues and reducing the likelihood of CSR failures. (shrink)

This critical commentary is presented in two parts. The first section, “Intersecting Contracts: Conceptual Interventions and Aims,” provides an overview of Mills's analysis of the racia-sexual contract and the divergent positions of white men, white women, nonwhite men, and nonwhite women. The second section, “Privilege and Patriarchy: Does ‘Race Generally Trump Gender’?,” shows how Mills offers an uneven representation of critiques presented by women of color theorists. For example, he focuses on the critiques of white women, emphasizing the asymmetry (...) between white women and nonwhite men as well as the tensions between white women and nonwhite women. This article also problematizes Mills's claim that “race generally trumps gender” and argues for a more nuanced analysis of nonwhite men's participation in patriarchy and privilege. (shrink)

This study examines the effects of donation incentives on labor supply in an online labor market through a field experiment (_n_ = 944). We manipulate the donation purpose of the incentive to be either unifying or polarizing and the size of the donation relative to the workers’ wage. Our experimental design allows us to observe the decision to accept a job (extensive margin) and different dimensions of productivity (intensive margin). We predict and show that a unifying donation purpose attracts more (...) gig workers and improves their productivity compared to a polarizing donation purpose. We discuss the implications of these results in order to understand the role of donation incentives and labor supply in online labor markets. (shrink)

Fiester and Yuan discuss important ethical concerns regarding the use of behavior contracts in addressing conflict with patients and families labeled as “difficult” (Fiester and Yuan 2023). We agre...

Under present accounting rules, lessees frequently structure contracts for leased assets, in situations where they enjoy benefits similar to outright ownership, in a way that keeps both the leased assets and related liabilities off their books. This method of accounting creates off-balance sheet financing and is called operating lease accounting. The paper debates the ethicality of intentionally structuring lease contracts to avoid disclosing leased asset and liability amounts and describes the “slippery slope” of rule-based accounting for synthetic leases (...) and special purpose entities, that, in the author’s opinion, led to the accounting debacles at Enron and other companies. The ethical intent that is implicit in the Securities and Exchange Commission and Financial Accounting Standards Board regulations is discussed and suggestions for improving the ethicality of financial reporting are provided. (shrink)

Recently, an agonizing twist intersecting predictive genetic tests and surrogacy contracts made news headlines in Canada. The intended parents, a couple from British Columbia, instructed the surrogate mother with whom they were working to undergo First Trimester Screening and Chorionic Villi Sampling, which revealed the fetus likely had Down syndrome. The parents directed the surrogate to terminate the fetus or they would abdicate their parental claim upon birth. This story raised numerous legal and ethical questions relating to the transferability (...) of decision making for prenatal screening, diagnostic tests, and the connected decision of termination when additional interested parties – the intended parents – are involved in the medical decision-making relationship. First, although the surrogate is the patient, what are the implications when the intended parents' wishes influence or even dictate the relationship between her and her obstetrician and genetic counselor? Second, if the intended parents' level of authority reaches explicit demands, may the intended parents ethically and legally require the surrogate to waive her right to informed consent for prenatal screening and diagnosis? (shrink)

For more than three decades, Integrative Social Contracts Theory (ISCT) has been lauded as a business ethics theory particularly well suited to the international arena, especially because of its alleged ability to reconcile respect for cultural idiosyncrasies and normative teeth. However, this theory has also faced various objections, many of which its authors have responded to with varying degrees of satisfaction. As a contribution to this debate, this article provides a unifying rationale for many of those objections by exploring (...) their rooting in the Separation thesis. It submits that this fact negatively impacts the theory with three major challenges, namely: significant limitations to correctly frame moral issues and situations; poor identification of hypernorms; and insufficient theoretical grounding of hypernorms. This critique highlights the need for the entanglement of the normative and the empirical in business ethics theorizing. (shrink)

This paper proposes an innovative approach to achieving real-time polymorphic behavior detection, and its direct application to blockchain-focused smart-contracts. We devise a method based on a non-deterministic finite state machine to perform approximate pattern-matching, using a look-ahead mechanism implemented through a concept similar to that of a sliding window, and using threshold-based similarity checking at every state in the automaton. We introduce and formalize our approach, discuss the challenges we faced and then test it in a real-world environment. The (...) experimental results obtained showed a significant speed-up of our approach, as compared to the classic similarity measures used commonly in such scenarios. (shrink)

We study envy-free allocations in a many-to-many matching model with contracts in which agents on one side of the market (doctors) are endowed with substitutable choice functions and agents on the other side of the market (hospitals) are endowed with responsive preferences. Envy-freeness is a weakening of stability that allows blocking contracts involving a hospital with a vacant position and a doctor that does not envy any of the doctors that the hospital currently employs. We show that the (...) set of envy-free allocations has a lattice structure. Furthermore, we define a Tarski operator on this lattice and use it to model a vacancy chain dynamic process by which, starting from any envy-free allocation, a stable one is reached. (shrink)

This article concerns the implementation of new EU Directives coordinating the procedures for awarding public contracts in European Union Member States. In a number of countries, including Poland, the process of their implementation (Directive 2014/24/eu of the European Parliament and of the Council of 26 February 2014 on public procurement; Directive 2014/25/eu of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport, and postal services sectors; Directive 2014/23/eu (...) of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts) was delayed. In most cases, the modernization of EU regulations on public procurement required a thorough modification of national regulations in this respect. As a result of the introduction of the package of new Directives, the European Union public procurement market has undergone substantial changes. The need to adjust legal regulations to the changing political, social, and economic situations in a better way has resulted in the transposition of the modernized EU Directives concerning public procurement to the Polish legal system, affecting the final shape of the new Polish Public Procurement Law. The implementation of the package of new Directives has significantly affected the functioning of the Polish public procurement market. For the entities operating in this market, this means the necessity to expand their knowledge, so as to become familiar with the new legal solutions in this respect. (shrink)

Many countries employ systemic methods of protecting consumers from unfair business practices. One such practice is the use of abusive clauses in business-to-consumer (B2C) contracts, which unfairly impose additional obligations on the consumer or deprive them of their due rights. This article presents an information system that utilizes artificial intelligence methods to automate contract analysis and to detect abusive clauses. The goal of the system is to support the entire administrative process, from contract acquisition, through text extraction and the (...) recommendation of potentially abusive clauses, to the generation of official administrative documents that can be sent to court or to the owners of firms. This article focuses on the components that use machine learning methods. The first is an intelligent crawler that is responsible for automatically detecting contract templates on websites and retrieving them into the system. The second is a document analysis module that implements a clause recommendation algorithm. The algorithm employs transformer-based language models and information retrieval methods to identify abusive passages in text. Our solution achieved first place in a competition on the automatic analysis of B2C contracts organized by the Polish Office of Competition and Consumer Protection (UOKiK), and has since been implemented as an official tool to support the contract analysis process in Poland. (shrink)

This article introduces several papers on social contracts and business ethics, published in the April 2005 issue of the journal "Business Ethics Quarterly.".

The article asks whether English professional football clubs have the potential to exploit non-English-speaking players during contract negotiations and signing meetings. We draw on evidence we gathered from a series of semi-structured interviews with football agents, former migrant players, and player liaison/welfare officers who currently work or have previously worked in English professional leagues. We also draw on normative insights from legal, moral, and applied ethical thought to develop a new, bespoke account of what should shock the conscience of the (...) court. We argue that because of language barriers, non-English-speaking players could end up signing unconscionable contracts, if not based on procedural or substantive unfairness, then potentially based on violations of their autonomy through deceptiveness. We also show that the current practice of players’ agents acting as ad hoc translators/interpreters raises serious ethical issues, not least lack of competency and impartiality. Following on from all this, we make a number of practical recommendations about how players’ representatives and clubs should conduct themselves, and what responsibilities they have to provide language support to non-English-speaking players in contract negotiations and signing meetings. (shrink)

This thesis aims to determine whether international gestational surrogacy contracts are exploitative, and whether they should be prohibited. I chose a group of women working as surrogates at Kaival Maternity Home and Surgical Hospital, in Anand, Gujarat, India as a study group. After examining their life circumstances, I argue that these women live in unjust circumstances caused by institutional sexism and poverty. I critically assess arguments launched against surrogacy, organ trade, and prostitution and find that none of these are (...) sufficient for demonstrating that contracts involving the sale of the body are necessarily exploitative. I find that surrogacy is exploitative because of a complex set of social conditions. Further, the contracts are beneficial to both the woman acting as surrogate and to the couple hiring her. I conclude that international gestational surrogacy is exploitative yet mutually beneficial, and prohibiting surrogacy would be harmful unless accompanied by drastic social change. (shrink)

The term takyīf fiqhī stands for one crucial concept in Islamic jurisprudence and refers to one of the important steps in the process of formulating fatwā. It basically revolves around the categorization of particular issues under the appropriate rules and precedents established in Islamic juristic thought. The present article attempts to examine the concept of takyīf fiqhī in a comprehensive manner in terms of its meaning, authority, types, importance, and governing criteria as can be gleaned from the works of Sharī‘ah (...) scholars. This is then followed by an exploration of its application to modern contracts, taking as a case study the Central Provident Fund Nomination in Singapore. The article concludes with the view that the Central Provident Fund Nomination, in terms of its essential characteristics and objective, resembles the Islamic will contract as discussed in books of Islamic Jurisprudence. (shrink)

Translations of legal contracts into formal specifications that can be used for assisted reasoning are currently gaining considerable attention in AI and law. Yet, the conceptual intricacy of some of the normative notions involved in legal contracts continues to provide significant challenges to formalization; in accordance with this, there is a need for developing general logic frameworks which allow for an appropriate analysis of the fundamental components of a contractual situation. In the present work, we focus on the (...) representation of decisional and operational roles played by possibly distinct contracting parties. We provide a flexible framework, which extends term-modal logic, where such roles can be effectively formalized and emphasized. (shrink)

This commentary aims to discuss the article “Ordo-responsibility in the Sharing Economy: A Social Contracts Perspective” from a sympathetic viewpoint toward its implementation of a constitutional contractarian approach to business ethics and due consideration of digital platforms as institutions resulting from a social contract. Nevertheless, the commentary also wants to criticize the article’s interpretation of constitutional contractarian theory and institutional reconstruction of the phenomenon, and thus even the governance structure it is proposed for sharing platforms. The commentary presents another (...) understanding of constitutional contractarianism, referring to both the ex ante agreement and the ex post compliance problem. Moreover, it reframes the history of the evolutionary process of institutions’ selection within the domain of the sharing economy consistently with the idea that the Internet should be framed as a common pool resource. In this way, the commentary suggests an alternative governance structure for sharing platforms, that is, platform cooperatives. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 3, Page 386-415, March 2022. In light of a growing body of scholarship that has cast doubt on the analytic import of spontaneous order, the purpose of my article is to rethink the intellectual relationship between Edmund Burke and Friedrich Hayek by suggesting that reading spontaneous order into Burke’s thought introduces greater tensions between the two thinkers than prior scholars have suggested. One crucial tension, I suggest, is that Hayek believed that contractual arrangements, (...) competitive markets and the rule of law could sustain the growth of social order, while Burke maintained that particular social institutions and practices should remain protected from the full power of voluntary contracts and exchange relations. I conclude by suggesting that the tensions between Hayek and Burke could serve as complementary instruments, rather than as foes, in strengthening the liberal project in modernity. (shrink)

Fiester and Yuan (2023) highlight ethical concerns important for considering behavioral contracts to manage charged/challenging interactions with patients and/or families. We support the viability...

Key n-grams are useful in the analysis of legal discourse as they help bring recurrent key expressions to the fore and understand the patterning of legal language. This paper aims to generate, analyse and compare the key n-grams of two legal corpora: a corpus of European directives on distance consumer contracts and a UK national legislation corpus on the same subject-matter. The corpora are considered, alternatively, as both focus and reference corpora. In this way, keyness, i.e., the terminology that (...) makes each corpus unique, is revealed from both corpora. The paper findings mostly bring to the fore five different patterns: differences in the key n-grams due to institutional or country-related factors; legalese influences; typical n-grams of Eurolect; dichotomy in the terminology used (albeit applying the same legal principles), and polysemy (i.e., similar words with different applications in various genres). This analysis confirms the usefulness and insightfulness of key n-grams in understanding the impact of disciplinary conventions in legal language. (shrink)

Liberalism is based on the juxtaposition of consent to coercion. Autocracy and slavery were based on coercion whereas today’s political democracy and economic “employment system” are based on consent to voluntary contracts. This article retrieves an almost forgotten dark side of contractarian thought that based autocracy and slavery on explicit or implicit voluntary contracts. The democratic and antislavery movements forged arguments not simply in favor of consent but arguments that voluntary contracts to alienate aspects of personhood were (...) invalid—which made the underlying rights inalienable. Once understood, those arguments apply as well to today’s self-rental contract, the employer-employee contract. (shrink)

This article analyzes the National Science Study produced by the Republican-dominated U.S. Congress in the mid-1990s to see if the priorities of S&T policy were changing, if state agencies were being reorganized to achieve new priorities, and if universities were expected to work closely with industry in reconfigured agencies. Also analyzed was the economic composition of board members of eight S&T policy organizations that informed the National Science Study. It was found that, generally, Republican policy supported both basic science and (...) civilian technology policy but did not advocate reorganization of state administration of S&T. However, a number of the S&T policy groups pushed for the establishment of a separate mission agency for civilian technology. This suggests that conceptualization of a unitary social contract between science and society or iterated principal-agent relations expressing the interaction of science and society are insufficient because there may be multiple social contracts and many principals and agents. (shrink)

On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 differs from decisions in the two other courts of last resort deciding (...) related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage. (shrink)

The purpose of this article is to examine the process of deterritorialization of legal concepts embedded in international commercial contracts. Typically written in English, these contracts often incorporate concepts derived from common law jurisdictions, given that English is the language of expression for the common law tradition. This underscores the intrinsic interconnection between language and underlying legal concepts. While parties involved in contract drafting may sometimes mitigate this connection by using terms and clauses that do not immediately evoke (...) common law associations, the use of English as the medium for conveying concepts in international commercial contracts does not necessarily facilitate this process. Consequently, legal concepts rooted in specific traditions adapt to new contexts shaped by the linguistic, cognitive, cultural, and legal backgrounds of the contracting parties, those tasked with interpreting the contracts, and the law governing the agreements. This paper illustrates the dynamics of this process through examples drawn from international commercial contracts, focusing on both individual terms and entire contractual clauses. These examples highlight how legal concepts, as expressed in these contracts, evolve within new environments shaped by diverse linguistic, cognitive, cultural, and legal determinants. (shrink)

Trust is so intimately linked with faith that sometimes trust needs faith to unfold in a relationship. I argue that the role of this faith element in trust is to elevate the status of the one in which we trust so as to emphasize the equal dignity of all the participants in the relationship of trust. Against views that focus on a «rational» trust based on an exaggerated emphasis on the capacity of self-trust as a point of departure for the (...) trust in others, the essay develops toward the depiction of a kind of trust that is rooted in faith and still maintains a «reasonable» character. By way of discussing the implications of Thomas Hobbes’s reflections on covenants and contracts, and Annette Baier’s critique of what she sees as the Hobbesian «fixation» on contracts, I argue toward the identification of what I call a «covenantal trust» in contemporary political ontology. (shrink)

In recent years, there has been an increase in the adoption of Shari’a in Europe and North America as an arbitration protocol for the resolution of potential contractual disputes. In a largely secular Western business environment, this reality raises corporate policy implications for business organizations. In particular, questions are raised about whether Shari’a is by nature too unpredictable—and too dismissive of women’s rights—to be properly and ethically permitted by Western companies as a possible dispute resolution alternative. This article examines the (...) dynamics and factors that are involved as corporate managers decide whether Shari’a arbitration ought to be banned entirely from contractual negotiations. Arguments for and against the inclusion of a Shari’a arbitration clauses in commercial contracts and contract negotiations are presented. The article concludes that while managers should exercise great prudence and consider the moral implications of negotiating arbitration clauses, an organizational ban of the use of faith-informed arbitration generally, or Shari’a in particular, would be neither morally required nor optimally serve the interests of the organization or its stakeholders. (shrink)