Marx believed that workers enjoyed little personal freedom under liberal capitalism, and he rejected the abstract philosophical premises upon which classical contractarianism
For example, the courts may not know whether Rawlsian contractarianism
requires a high level of wealth redistribution or a much lower level, but they may be quite certain that Rawlsian contractarianism
cannot justify, say, high welfare for whites and low welfare for blacks.
For a discussion of the ways in which women's plays in particular take advantage of new possibilities of contractarianism
, see Misty Anderson, Female Playwrights and Eighteenth-Century Comedy: Negotiating Marriage on the London Stage (New York: Palgrave, 2002).
On this general debate about contractarianism
and fiduciary duties, see, for example, Reza Dibadj, The Misguided Transformation of Loyalty into Contract, 41 TULSA L.
481 (1985) (arguing that contractarianism
and other business ethics arguments have a Western bias).
Should one espouse the Contractarianism
of the British Constitution since 1689, of Hobbes and Locke, or the ideas of the salons and the encyclopaedists before the French Revolution of 1789, or of Tom Paine and Thomas Jefferson before the American Revolution and the Constitution of 1787?
36) Nor can he answer two other questions raised by the logic of contractarianism
favors is a Rawlsian-style contractarianism
stripped of its tendency toward excessive atomism.
In the works that followed, his thought turned for guidance in turn to Hayek's classical liberalism, James Buchanan's contractarianism
, and eventually to Michael Oakeshott's skeptical anti-rationalism.
17) In a form of naive contractarianism
, joining civil society therefore implies that the state receives, as if by transfer or delegation, one's natural right to correct wrongs.
For more substantive critiques of his defense of constrained maximization, see Peter Danielson, "Closing the Compliance Dilemma: How It's Rational to Be Moral in a Lamarckian World," in Contractarianism
and Rational Choice, ed.
In the process, Rawls also sought to shift the function of consent in contractarianism
Bainbridge, Fundamental Themes in Business Law Education: Contractarianism
in the Business Associations Classroom: Kovaak v.
15) In the present context, however, I cannot do justice to the debate between these different forms of contractarianism
In effect, the mutual advantage form of contractarianism
"does not view individuals as having any inherent moral rights or status.