Contract Theory Flashcards
Name of foundamental characteristic of contract theory?
It is the hypotethical situation of writing a contract, given a “originial position” (Rawls or “state of nature” (Hobbes, Locke Rousseau) and self-intrested beings.
Who were the founding theorists of contract theory?
Thomas Hobbes, John Locke and Jean-Jacques Rousseau.
Name a contemporary contractarian?
John Rawls
All contract theory start with some initial theoretical assumptions. Which ones?
- The imaginary beginning where the contract shouls solve particular problems. Hobbes, Locke, and Rousseau calls it “the state of nature” For Rawls, this is the “original position”.
- The procedure for selecting moral and legal principles, which becomes the contract
- All human beings are rational, and therfore self-intrested, in the decision-procedure.
Locke, Hobbes and Roussou have different ideas of the state of nature, which is needed for a contract to emerge. How do they differentiate?
a) In Lockes idea about states of nature, he includes natural right which originates from reason. The right to life, health, liberty, and possessions. Therefore, the point with the social contract is that these rights should be protected. If not, the selected system is corrupt and should be overthrown.
b) Hobbes sees the state of nature, as there are no right, just fraud, war and insecurity. So the purpose with the contract is to prevent such problems and install law and punishment, under “Laviathan” - the soverign artificual man, the state.
c) Rousseau argues that there is a general will behind a social contract in a natural and peaceful state of nature, which will enable freedom from the given outcome of the oppressive society (from tradition).
According to Contract theory, what is morality?
There is nothing real about morality, as it is not primative or natural. And there is no morality until we make it up, through a contract. Therefore, as the contract can change, so can morality.
Just like Hobbes and Lock, Rawls tried to adress politcal tensions and social conflict. What was Rawls biggest concern?
How a fair society would look like. That is why her wrote the book A Theory of Justice.
Rawls defends certain social and liberal institutional arrangements in terms of principle of justice. How?
The main argument is that rational agents should select principles of justice as if behind a “veil of ignorance”, basically a position before or outside out own birth and the knowledge we have from that. Due to this veil, the agents have no knowlegde of what social role they will have when the contract is designed and signed.
What are the two princples of justice of fairness that would emerge from the hypotehtical situation of “viel of ignorance”, and what does it include?
- The Equal liberty principle; within a society, “Each person has the same indefeasable claim to fully adeqaute sheme of equal basic liberties, which scheme is compatiable with the same scheme of liberties for all:
- Second principle: “Social and economic inequalitis are to satisfy two conditions”:
a) They are to be attached to offices and positions open to all under conditions of fair equality of opportunity;
b) They are to be the greatest benefit of the least-advantaged members of society (the difference principle)”.
2.