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23. Ethics / B. Contract Ethics / 1. Contractarianism

[morality as doing favours in order to receive them]

25 ideas
Hands wash hands; give that you may get [Epicharmus]
     Full Idea: The hand washes the hand; give something and you may get something.
     From: Epicharmus (comedies (frags) [c.470 BCE], B30), quoted by (who?) - where?
For Protagoras the only bad behaviour is that which interferes with social harmony [Protagoras, by Roochnik]
     Full Idea: For Protagoras the only constraint on human behaviour is that it not interfere with social harmony, the essential condition for human survival.
     From: report of Protagoras (fragments/reports [c.441 BCE]) by David Roochnik - The Tragedy of Reason p.63
Justice is merely the interests of the stronger party [Plato]
     Full Idea: Thrasymachus: Justice or right is simply what is in the interest of the stronger party.
     From: Plato (The Republic [c.374 BCE], 338c)
     A reaction: Not sure whether this is cynicism about the brutal realities of life, or cynicism about the very concept of justice.
Morality is a compromise, showing restraint, to avoid suffering wrong without compensation [Plato]
     Full Idea: The origin and nature of morality is a compromise between the ideal of doing wrong without paying for it, and the worst situation, which is having wrong done to one while lacking the means of exacting compensation.
     From: Plato (The Republic [c.374 BCE], 359a)
     A reaction: This idea is from Glaucon, and is not endorsed by Socrates. Hobbes thought it was right, though he emphasised safety. Game theory makes this approach to moraliy much more plausible.
Isn't it better to have a reputation for goodness than to actually be good? [Plato]
     Full Idea: Unless I gain a reputation for morality, my actually being moral will do me no good, but an immoral person who has managed to get a reputation for morality is said to have a wonderful life.
     From: Plato (The Republic [c.374 BCE], 365b)
Justice has no independent existence, but arises entirely from keeping contracts [Epicurus]
     Full Idea: Justice has no independent existence; it results from mutual contracts, and establishes itself wherever there is a mutual engagement to guard against doing or sustaining mutual injury.
     From: Epicurus (fragments/reports [c.289 BCE]), quoted by Diogenes Laertius - Lives of Eminent Philosophers 10.31.35
Justice is merely a contract about not harming or being harmed [Epicurus]
     Full Idea: There is no such things as justice in itself; in people's relations with one another in any place and at any time it is a contract about not harming or being harmed.
     From: Epicurus (Principle Doctrines ('Kuriai Doxai') (frags) [c.290 BCE], 33), quoted by Julia Annas - The Morality of Happiness 13.2
You may break off a treaty if you fear treachery from your ally [Mohammed]
     Full Idea: If you fear treachery from any of your allies, you may retaliate by breaking off your treaty with them; Allah does not love the treacherous.
     From: Mohammed (The Koran [c.622], Ch.8)
     A reaction: I do not think this is good advice. Everybody fears treachery, but if we all acted on that fear human relationships and society would immediately collapse. If anyone thought this was good advice, I would not want to make a treaty with them.
Repay evil with good and your enemies will become friends (though this is hard) [Mohammed]
     Full Idea: Requite evil with good, and he who is your enemy will become your dearest friend; but none will attain this save those who endure with fortitude and are greatly favoured by Allah.
     From: Mohammed (The Koran [c.622], Ch.41)
     A reaction: This seems opposed to some of the more vengeful remarks in the Koran. It strikes me as good common sense, since vengeance only seems to breed counter-vengeance. It doesn't carry the full altruistic commitment, though, of unrewarded love.
A contract is a mutual transfer of rights [Hobbes]
     Full Idea: The mutual transferring of right is that which men call 'contract'.
     From: Thomas Hobbes (Leviathan [1651], 1.14)
The person who performs first in a contract is said to 'merit' the return, and is owed it [Hobbes]
     Full Idea: He that performeth first in the case of a contract, is said to 'merit' that which he is to receive by the performance of the other, and he hath it as due.
     From: Thomas Hobbes (Leviathan [1651], 1.14)
Hobbes wants a contract to found morality, but shared values are needed to make a contract [MacIntyre on Hobbes]
     Full Idea: Hobbes makes two incompatible demands of the original contract: he wishes it to be the foundation of all shared and common standards and rules; but he also wishes it to be a contract, which needs prior shared and common standards.
     From: comment on Thomas Hobbes (Leviathan [1651], Pt 1) by Alasdair MacIntyre - A Short History of Ethics Ch.10
     A reaction: At the very least, the participants in a contract must be committed to keeping it even when it is not convenient. But a common purpose seems to be needed too, which makes the contract itself intrinsically valuable. Similar objections to Kant.
Both virtue and happiness are based on the preservation of one's own being [Spinoza]
     Full Idea: The foundation of virtue is the endeavour to preserve one's own being, and happiness consists in man's power of preserving his own being.
     From: Baruch de Spinoza (The Ethics [1675], IV Pr 18)
     A reaction: Spinoza never actually says so, but this seems to me to point to a Hobbesian social contract account of virtue - that is, that virtue is not an ideal, but a strategy. Personally I prefer the Aristotelian view, that it is an ideal revealed to us by nature.
People prepare our dinner from their own self-interest, not from humanity [Smith,A]
     Full Idea: It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. We address ourselves, not to their humanity but to their self-love.
     From: Adam Smith (The Wealth of Nations [1776], p.26-7), quoted by Amartya Sen - The Idea of Justice 08 'Narrowing'
     A reaction: Sen passionately pleads that this not be taken out of context. It is about the motivation for the relationship of exchange, and not about morality in general, which also includes trust etc. The subsequent lines in Smith show this.
Basic justice is the negotiation of agreement among equals, and the imposition of agreement [Nietzsche]
     Full Idea: Justice on the elementary level is good will among parties of approximately equal power to come to terms with one another, and to compel parties of lesser power to reach a settlement among themselves.
     From: Friedrich Nietzsche (On the Genealogy of Morals [1887], II.§08)
     A reaction: This pinpoints a key problem with the social contract as a moral theory - that it requires equals, and recognises only terror of superiors, and indifference to useless inferiors who have nothing to offer (paraplegics and animals).
A masterful and violent person need have nothing to do with contracts [Nietzsche]
     Full Idea: He who can command, he who is "master", he who is violent in act and bearing - what has he to do with contracts!
     From: Friedrich Nietzsche (On the Genealogy of Morals [1887], II.§17)
     A reaction: The persistent problem with social contract theory is that those much stronger or much weaker seem to have no interest in morality at all, and yet they can all have standards of behaviour.
A good moral system benefits its participants, and so demands reciprocity [Foot]
     Full Idea: It has been suggested that one criterion for a good moral system is that it should be possible to demand reciprocity from every individual because of the good the system renders to him.
     From: Philippa Foot (Morality, Action, and Outcome [1985], p.104)
     A reaction: Money seems to have this feature, that we mostly conform to the rules for its use, because we value the whole system. Foot accepts this, but says there are also other criteria, such as leaving freedom to live well (ie. not too puritanical).
The actor is most convincing who believes that his performance is real [Wilson,EO]
     Full Idea: The actor is most convincing who believes that his performance is real.
     From: Edmund O. Wilson (On Human Nature [1978], Ch.7)
     A reaction: This is a key element of social contract theory. It shows why natural selection of truly altruistic traits might be beneficial to individuals, provided they are surrounded by possible recipricators. We trust those who are genuine and sincere.
A fair arrangement is one that parties can agree to without knowing how it will benefit them personally [Rawls, by Williams,B]
     Full Idea: Rawls's theory is an elaboration of a simple idea: a fair system of arrangements is one that the parties can agree to without knowing how it will benefit them personally.
     From: report of John Rawls (A Theory of Justice [1972]) by Bernard Williams - Ethics and the Limits of Philosophy Ch.5
     A reaction: The essence of modern Kantian contractualism. It is an appealing principle for building a rational world, but I hear Nietzsche turning in his grave.
Why should I do anything for posterity? What has posterity ever done for me? [Singer]
     Full Idea: Most striking is the impact of the contract model on our attitude to future generations. 'Why should I do anything for posterity? What has posterity ever done for me?' would be the view we ought to take.
     From: Peter Singer (Practical Ethics [1979], 03)
     A reaction: I should bury my mobile phone for future archaeologists, because it will be more valuable then than it is now. Singer cites the disposal of nuclear waste as an instance.
Self-interest can fairly divide a cake; first person cuts, second person chooses [Poundstone]
     Full Idea: To fairly divide a cake between two children, the first divides it and the second chooses. …Even division is best, as it anticipates the second child will take the largest piece. Fairness is enforced by the children's self-interests.
     From: William Poundstone (Prisoner's Dilemma [1992], 03 'Cake')
     A reaction: [compressed] This is introduced as the basic principle of game theory. There is an online video of two cats sharing a dish of milk; each one drinks a bit, then pushes the dish to the other one. I'm sure two children could manage that.
Kant's Moral Law is the rules rational beings would accept when trying to live by agreement [Scruton]
     Full Idea: We can see the Kantian 'Moral Law' as consisting precisely in those rules which rational beings would accept, when attempting to live by agreement.
     From: Roger Scruton (Animal Rights and Wrongs [1996], p.30)
     A reaction: If this combines Kantian notions of duty with the obligations of contracts, it is the core of a very powerful moral theory. See the work of Tim Scanlon. Classic problems are still the weak, animals and free riders.
Does consent create the obligation, or must there be some benefit? [Sandel]
     Full Idea: Legal thinkers have debated this question for a long time: can consent create an obligation on its own, or is some element of benefit or reliance required?
     From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)
     A reaction: Clearly mere consent could be under some compulsion, either by the other party, or by some other forces. Keeping a deathbed promise usually brings no benefit, but is a matter of honour. Ah, honour! Can anyone remember what that is?
Moral contracts involve both consent and reciprocity; making the deal, and keeping it [Sandel]
     Full Idea: Despite a tendency to read consent into moral claims, it is hard to make sense of our morality without acknowledging the independent weight of reciprocity. If my wife is unfaithful I have two different grounds of outrage: our promise, and my loyalty.
     From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)
     A reaction: The point is that Hobbes and co over-simplify what a contract is. Compare a contract with a promise. One must be two-sided, the other can be one-sided.
Not all deals are fair deals [Sandel]
     Full Idea: The mere fact that you and I make a deal is not enough to make it fair.
     From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)