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Let me bring in another contractarian who is not a
libertarian: David Gauthier. I've been reading his book
Morals by Agreement.
It's pretty amazing. I've said before that I get my
ethics from my religion. I don't need a social contract.
But if you want to see how complex and wide-ranging a
contractarian argument can be, Gauthier's your man.
Gauthier recognizes that modern moral philosophy has
had a problem providing foundations for moral
obligation. He proposes contract or agreement as a
foundation. If people were to agree not to tell lies
(even when it is in their interest to do so), then they
would be obligated not to lie. They need no other
foundation for their obligation.
Of course, it's not that simple. There is no historical
agreement not to lie and Gauthier knows that. Let me
give you a quick summary of what he says.
First, his goal is to provide "a morality, not of
absolute standards, but of agreed constraints." Second,
he uses the modern theory of rational choice to
show that "the rational principles for making choices,
or decisions among possible actions, include some that
constrain the actor pursuing his own interest in an
impartial way." Third, he identifies these constraints
as moral principles. He tells us that
Our claim is that in
certain situations involving interaction with others,
an individual chooses rationally only in so far as he
constrains his pursuit of his own interest or
advantage to conform to principles expressing the
impartiality characteristic of morality. To choose
rationally, one must choose morally. This is a strong
claim. Morality, we shall argue, can be generated as a
rational constraint from the non-moral premisses of
rational choice....We are committed to showing why an
individual, reasoning from non-moral premises, would
accept the constraints of morality on his
choices....Our theory must generate, strictly as
rational principles for choice, and so without
introducing prior moral assumptions, constraints on
the pursuit of individual interest or advantage that,
being impartial, satisfy the traditional understanding
of morality....Moral principles are introduced as the
objects of fully voluntary ex
ante agreement among rational persons. Such
agreement is hypothetical, in supposing a pre-moral
context for the adoption of moral rules and practices.
But the parties to agreement are real, determinate
individuals, distinguished by their capacities,
situations, and concerns....As rational persons
understanding the structure of their interaction, they
recognize a place for mutual constraint, and so for a
moral dimension in their affairs. [Morals
by Agreement, p. 4-9]
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