The Problem of Social Contract

The Problem of Social Contract

Political Philosophy

Joshua Caesar O. Elegado

3^rd Year- BA Philosophy

Social contract

§Thomas Hobbes social contract theory that looks to address the origin of society. At the same time, it looks at the overall legitimacy of how a state has authority over an individual.

§Thomas Hobbes believed that the lives of individuals in the state of nature, or the natural condition of mankind, is one that is poor, solitary, brutish, and short. It is a place where self-interest is present because there is an absence of any rights.

Original position as social contract

§The original position characterizes our social contract for it models the way we articulate conceptions and principles for the development of democratic society of social cooperation

§The original position as a social contract is designed to show the most reasonable, hence fair, terms of cooperation among democratic citizens as rational and reasonable persons who are regarded as free and equal given the fact of reasonable pluralism.

§the rationally autonomous parties in this original position decide upon the first principles of justice which will condition the basic structure.

veil of ignorance

§Hypothetically, having an amnesia

§Conception of the thin theory of the good

On reflective equilibrium

§Reflective deliberation brings the parties to test the different concepts and principles of the various schools of thought with the concepts and principles they have, looking for some ways and other possibilities where some of the concepts and principles are parallel, related, and supportive of other concepts and principles.

Social contract

§the process within the original position through the thick veil of ignorance and the wide reflective equilibrium as an analytical device presents itself as flexible, dynamic, and open.

§ The idea of original position then substantiates our idea of the social contract

§The process involved in the original position is contractualist (consent of the governed) in reasoning.

§The idea of original position as a social contract guarantees and secures fairness.

§ When we enter into a social contract, it must be strongly objective.

Three-stage

1.the principles of justice as articulated in the original position by the rationally autonomous parties are indeed the desired principles of the fully autonomous citizens

2.The idea of the social contract pushes itself more when, taken as a frame of mind, we conceive of ourselves as members in the constitutional convention to articulate principles in the constitution consistent with the principles of justice

3.as lawmaking members in the legislature where we pass laws consistent with the constitution and principles of justice

Social Contract is dynamic and flexible of the contractualist approach.

The Amartya sen’s objection

§the contractarian (better yet contractualist) approach as (too) limiting, that is, Rawls’ contractarian (contractualist) line of reasoning is limited in such a way that it does not allow for some possibilities in addressing the issue of fairness unlike the device of ‘impartial spectator

§Social contract if problematic because it cannot take account of outsider views

§According to Sen, the Impartial Spectator can be seen as an alternative to the social contract.

§Sen believes that the impartial spectator, which invites one to imagine what an impartial outsider would do, is an improvement on the social contract, in which we imagine what we would have agreed to.

§If I am wondering what to do, or tempted by what is probably the wrong thing to do, I should imagine what someone watching me would say in order to remain clear headed.

§Sen’s concern for the outsider is largely motivated by a concern for global justice.

§Relies on argumentation, debate, and dialogue to process things using the social choice framework.

Rawl’s based: General reply

§First, If the device of the impartial spectator is projecting itself as inclusive therefore, it is the people themselves in the contract.

§Second, IS then is problematic because of unfixed point of assessment it provides (unfixed standard on assessing capabilities)

§Third, Unknown mechanism IS should provide

-What is good?

-How then do we arrive at good?

conclusion

§The impartial spectator may indeed:

1.deal with comparative assessments instead of transcendental solutions,

2.emphasize social realizations,

3.accept incompleteness in social assessments, and

4.consider voices beyond the contractualist group, but with the lack of normative groundwork to base judgments for justice and fairness vis-à-vis procedural mechanisms, the realization-focused comparativism is difficult to ascertain and realize.