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Contractualism

Contractualism is a family of impartial moral theories in normative ethics that derive the rightness or wrongness of actions from principles to which rational agents could hypothetically agree, specifically those that no reasonable person could reject as a basis for mutual justification among equals.^[1] Unlike self-interested contractarianism, which models morality on bargaining for mutual advantage akin to Hobbesian agreements, contractualism prioritizes the standpoint of reasonable rejectability to ensure principles respect individuals' equal moral standing and avoid aggregating harms in ways that override personal claims. A landmark formulation appears in T.M. Scanlon's 1998 work What We Owe to Each Other, which posits contractualism as a non-utilitarian framework for interpersonal morality, where acts are wrong if they violate principles that free and rational persons would endorse for regulating conduct toward one another.^[2]^[3] This approach has influenced debates on blame, punishment, and rights by emphasizing justifiability to each affected party over consequentialist outcomes, though critics argue it struggles to accommodate supererogatory duties or aggregate welfare considerations without ad hoc adjustments.^[4] Earlier precursors trace to Kantian ideas of autonomy and universalizability, distinguishing it from empirical social contract traditions focused on political order rather than intrinsic moral reasons.^[5]

Definition and Core Principles

Fundamental Tenets

Contractualism holds that the rightness or wrongness of an action is determined by whether it conforms to principles that no one could reasonably reject as a basis for informed, unforced general agreement among rational agents affected by it.^[2] This criterion prioritizes intersubjective justification, where moral principles must withstand scrutiny from the standpoint of each individual's reasonable perspective, rather than deriving from self-interested bargaining or empirical consequences.^[2] Principles are evaluated based on their ability to address potential objections rooted in the equal moral significance of persons, ensuring that justifications appeal to shared reasons rather than subjective preferences.^[2] As a non-consequentialist theory, contractualism rejects the aggregation of individual utilities or outcomes as the measure of moral permissibility, instead grounding obligations in the inherent demand for mutual accountability among agents.^[2] It posits that morality arises from the necessity of defending actions against complaints from those who would bear the burdens of the principles permitting them, without deferring to overall welfare calculations that might sacrifice identifiable individuals for diffuse benefits.^[2] This approach aligns with deontological constraints by rendering principles unacceptable if they permit gratuitous impositions, such as harming an innocent person without overriding reasons, since no rational agent could endorse a rule exposing themselves to such vulnerability without reciprocal protections.^[2] Central to contractualism is the recognition of persons as equals capable of demanding justifications, which precludes treating individuals merely as means and mandates principles that respect their status through rejectability tests applied impartially.^[3] For instance, a principle allowing unprovoked violence fails because it invites reasonable rejection from potential victims, who could not accept a framework lacking protections against arbitrary harm, thereby establishing prohibitions on such acts as morally binding independently of their net effects.^[2] This focus on individual standpoint objections ensures that moral reasoning remains anchored in the causal structure of interpersonal relations, where justifications must directly engage the reasons of affected parties to achieve legitimacy.^[2]

Mechanism of Hypothetical Agreement

In contractualism, the mechanism of hypothetical agreement functions as a deliberative procedure among idealized rational agents who assess moral principles under constraints of impartiality and mutual justifiability, rather than relying on empirical or actual consent. Agents are conceived as free, equal, and motivated by the aim of endorsing principles that others cannot reasonably reject, simulating a veil of ignorance that abstracts from personal biases and particular interests. This thought experiment generates obligations through the logical structure of agreement, where principles emerge as those permitting no justified veto from any participant deliberating with full information about generic human circumstances but without knowledge of their specific positions.^[2] The core criterion of reasonable rejection evaluates principles by weighing the burdens imposed against the benefits provided, privileging objections grounded in causal impacts on well-being, autonomy, or reciprocal relations that any agent could endorse impartially. A principle permitting an action is unjustifiable if an affected party can object on grounds of disproportionate harm—such as deprivations of liberty or security that foreseeably undermine cooperative stability—without adequate compensating advantages that all could accept as outweighing those costs. Rejection requires reasons that are not parochial but tied to shared human vulnerabilities, ensuring the procedure yields coherent standards through iterative refinement rather than mere veto power.^[2]^[6] This hypothetical mechanism diverges from empirical social contracts by emphasizing deductive coherence from first-person perspectives under idealized rationality, not inductive patterns of observed assent or historical pacts. Actual agreements may reflect power imbalances or incomplete information, rendering them normatively deficient, whereas the contractualist process tests principles for universal defensibility independent of contingent endorsements, thus deriving authority from the inescapability of mutual justification in interpersonal morality.^[7]^[2]

Historical Development

Thomas Hobbes's Leviathan (1651) introduced a foundational state-of-nature argument, portraying human life absent government as a "war of all against all" driven by competition, diffidence, and glory, resulting in a condition where life is "solitary, poor, nasty, brutish, and short." To escape this anarchy, individuals rationally covenant to transfer rights to an absolute sovereign, establishing political legitimacy through mutual authorization rather than divine right or tradition.^[8] This proto-contractualist mechanism prioritized causal necessity—self-preservation amid scarcity and fear—forcing agreement as the origin of order, influencing later theories by framing consent as a prudential response to empirical threats of violence. However, Hobbes's grounding in egoistic motivations, where compliance stems solely from calculated self-interest without intrinsic moral duties, limits its applicability to ethical contractualism, as it conflates survival imperatives with normative justification.^[9] John Locke's Two Treatises of Government (1689) refined consent-based legitimacy by positing a state of nature governed by natural law, where individuals hold pre-political rights to life, liberty, and property derived from labor mixing with unowned resources, such as enclosing common land for cultivation.^[10] Government emerges via express or tacit consent to protect these rights more effectively than individuals could alone, with legitimacy dissolving if rulers infringe them, as seen in Locke's endorsement of resistance against tyranny.^[11] This framework causally linked property acquisition to social stability, curbing absolutism by requiring accountability to consenters and inspiring constitutional limits, such as representative assemblies. Critiques, however, highlight how Locke's assumption of relative equality in the state of nature overlooks real asymmetries in bargaining power, where dominant actors can extract consent through economic or coercive leverage, undermining the voluntariness essential to genuine agreement.^[12] Jean-Jacques Rousseau's The Social Contract (1762) shifted focus to collective self-rule, arguing that sovereignty resides in the general will—the aggregate of particular wills oriented toward the common good—formed when individuals surrender natural independence to the community for moral and civil liberty under impartial laws.^[13] This total alienation ensures no one gains at others' expense, fostering egalitarian legitimacy through direct participation rather than delegation, with causality rooted in transforming egoistic drives into civic virtue via shared institutions.^[14] Rousseau's innovation influenced strains emphasizing communal consent over individual utility, but empirical patterns in ungoverned popular assemblies demonstrate instability: without hierarchical enforcement, factional pursuits of private interests fragment the general will, as observed in ancient Athenian direct democracy's vulnerability to demagogues and paralysis, revealing romantic ideals of unmediated sovereignty as untenable absent mechanisms to aggregate and impose collective decisions.^[15]

Kantian and Enlightenment Influences

Immanuel Kant's moral philosophy, developed during the Enlightenment, marked a pivotal shift in contractualist thought by anchoring obligations in a priori rational principles rather than empirical or historical contracts. In his Groundwork of the Metaphysics of Morals (1785), Kant formulated the categorical imperative, which demands that individuals act only according to maxims that could simultaneously hold as universal laws, effectively simulating a hypothetical agreement among rational agents who legislate for themselves and others. This deontological approach treats moral duties as unconditionally binding, derived from the autonomy of rational will, rather than contingent on self-interested consent or societal conventions prevalent in earlier thinkers like Hobbes or Locke.^[16] By prioritizing reason's capacity to generate verifiable obligations, Kant elevated contractualism toward universal moral legislation, where persons are regarded as ends in themselves, possessing inherent dignity that forbids instrumental use.^[17] Kant's Metaphysics of Morals (1797) further elaborated this framework in the context of duties, distinguishing perfect duties (strict prohibitions, such as against false promises) from imperfect ones (like beneficence), tested through rational consistency rather than outcomes. This rejection of consequentialist reasoning underscores a commitment to intrinsic respect for agency, positing that true moral causality arises from adherence to rational form, not empirical effects, thereby insulating ethics from relativistic variations in human desires or circumstances.^[18] Enlightenment emphasis on individual autonomy thus transformed contractualism into a system of reciprocal justification, where principles must withstand scrutiny from any rational perspective, fostering moral universality applicable across diverse contexts without reliance on actual agreements.^[19] These Kantian elements profoundly shaped subsequent contractualist developments by introducing publicity—requiring principles to be openly endorsable—and reciprocity among equals, mechanisms that prioritize first-principles rationality over contingent empiricism.^[20] However, critics have noted the framework's abstractness, arguing it imposes duties potentially at odds with embodied human nature, as rational universality may overlook motivational pluralism inherent in psychological realism.^[21] Despite such limitations, Kant's innovations provided a foundation for deontologically oriented contractualism, emphasizing verifiable rational consensus as the arbiter of moral legitimacy.^[22]

Modern Formulation in the 20th Century

In the aftermath of World War II, analytic philosophy increasingly scrutinized utilitarianism's dominance in ethical theory, prompting renewed interest in contract-based approaches that emphasized rational agreement and individual justifiability over aggregate consequences. John Rawls's A Theory of Justice, published in 1971, advanced a constructivist framework through the "original position," where agents behind a veil of ignorance deliberate on principles of social justice without knowledge of their personal circumstances, thereby deriving egalitarian principles like the difference principle.^[23] This device influenced contractualism by highlighting hypothetical consent as a test for moral legitimacy but remained distinct in its primary focus on political institutions and distributive justice rather than comprehensive interpersonal morality.^[20] A pivotal advancement occurred in 1982 with T.M. Scanlon's essay "Contractualism and Utilitarianism," which articulated a moral theory centered on principles that no rational agent could reasonably reject as a basis for mutual justification.^[24] Published amid debates over utilitarianism's failure to adequately protect individual rights—such as in cases of sacrificing minorities for majority welfare—Scanlon's formulation shifted contractualism toward analytical precision in everyday ethical reasoning, prioritizing the reasons agents have for actions over bargaining or utility maximization. This marked a departure from earlier social contract traditions, embedding moral wrongness in the inability to defend principles interpersonally without reasonable objection. By the late 20th century, this interpersonal orientation gained prominence, evolving contractualism into a rigorous alternative to consequentialism through Scanlon's expanded treatment in What We Owe to Each Other (1998), which systematized the theory's rejection criterion for resolving moral conflicts like promises and harm prevention.^[25] The progression reflected broader philosophical discourse's emphasis on deontological foundations, contrasting Rawls's politically constrained veil with a more universal test of reasonable agreement applicable to personal conduct, thus refining contractualism's role in post-utilitarian ethics.

Key Thinkers and Contributions

T.M. Scanlon's Framework

T.M. Scanlon presented a foundational formulation of contractualism in his 1998 book What We Owe to Each Other, where he centers morality on the interpersonal domain of mutual obligations.^[26] Scanlon posits that an act is wrong if, and only if, its prospect cannot be justified in terms of principles that no one whom it might affect could reasonably reject as a basis for informed, unforced general agreement.^[26] This criterion operates within a hypothetical scenario of rational agents deliberating under reasonable pluralism—diverse yet defensible conceptions of value—aiming to regulate conduct affecting others without relying on comprehensive doctrines.^[26] The emphasis on reasonable rejection privileges grounds such as significant impacts on well-being, fairness in distribution of burdens, and respect for persons' status, ensuring principles withstand scrutiny from varied perspectives.^[22] Scanlon's approach excels in accommodating value pluralism by deriving moral constraints from the necessity of shared justifications, which causally underpin social stability through reciprocal assurance that actions align with principles others cannot dismiss.^[26] Participants, motivated by the value of mutual recognition, converge on principles that exclude impositions lacking defensible rationale, thereby fostering tolerance amid disagreement without aggregating utilities or imposing external ends.^[26] This mechanism grounds wrongness not in outcomes alone but in the relational demand to treat others as ends whose reasons must be engaged, promoting stability as agents internalize the constraints of justifiability to sustain cooperative relations.^[26] Central to Scanlon's framework is the value of choice, which he defends as intrinsic to human agency: choices enable individuals to affirm or shape the application of reasons to their lives, rendering paternalistic overrides unjustifiable since they deny this endorsement.^[27] From basic considerations of autonomy, Scanlon argues that respecting choice avoids treating persons instrumentally, as forcing better outcomes disregards their capacity to govern themselves via reasons they can accept.^[28] Morality thus arises from relationships of mutual accountability, where obligations stem from the imperative to live with others on terms no one could reasonably refuse, prioritizing interpersonal justification over unilateral impositions.^[26]

Influences from John Rawls and Others

John Rawls's conception of justice as fairness, outlined in A Theory of Justice (1971), profoundly shaped modern contractualism by devising the original position—a hypothetical scenario where rational agents behind a veil of ignorance select principles of justice impartial to personal circumstances. This mechanism influenced contractualists by prioritizing impartiality and mutual acceptability, yet it diverged from later formulations like T.M. Scanlon's by assuming self-interested motivations in bargaining, whereas contractualism emphasizes principles no one could reasonably reject irrespective of personal gain.^[22] Rawls's framework thus provided a procedural template for bridging political legitimacy with moral reasoning, but contractualism refined it to avoid conflating justice with utility maximization or egoistic choice. Derek Parfit, in On What Matters (Volumes 1 and 2, 2011 and 2017), extended contractualist reasoning beyond distributive justice to broader normative convergence, arguing that Scanlonian contractualism aligns with Kantian deontology and rule consequentialism when principles maximize rational acceptability across impartial perspectives. Parfit's analysis highlighted contractualism's potential in population ethics, where hypothetical agreements resolve aggregation dilemmas—such as comparing harms to many versus benefits to few—by rejecting principles that permit severe individual burdens for marginal collective gains. This influence bolstered contractualism's deontological robustness against relativism, as universal rational will provides a non-subjective ground for obligations, though Parfit noted risks of idealization, where abstract agreements may overlook real-world motivational diversity. Christine Korsgaard's Kantian constructivism, developed in works like The Sources of Normativity (1996), further informed contractualism by positing that moral principles emerge from the practical identity of rational agents, who endorse maxims through self-legislating procedures akin to hypothetical consent. Her emphasis on constitutive norms—where agency itself demands value-giving commitments—reinforced contractualism's focus on reasonable rejection as a deontological constraint, distinguishing it from empirical or externalist ethics.^[22] While this integration enhances resistance to skepticism about moral authority, it invites critique for excessive reliance on idealized rationality, potentially underweighting causal factors like evolved preferences or institutional incentives in actual agreements.^[29]

Contractualism versus Contractarianism

Contractarianism grounds moral and political principles in hypothetical agreements among rational agents motivated primarily by self-interest and mutual advantage, as exemplified in David Gauthier's framework where morality emerges from bargaining to maximize individual utilities in a state of nature akin to Hobbesian anarchy.^[30] This approach aligns with game-theoretic models, such as prisoner's dilemma simulations, where cooperation arises instrumentally from enlightened self-preservation rather than intrinsic moral duty, yielding verifiable predictions of conditional reciprocity under scarcity.^[31] In contrast, contractualism, particularly T.M. Scanlon's formulation, derives moral obligations from principles that no one could reasonably reject, emphasizing external reasons rooted in impartiality and the value of mutual recognition rather than prudential gains.^[30] Here, the justificatory force stems from the causal structure of reasoned agreement itself—binding because rejection would undermine shared human interests in justification—avoiding egoistic distortions that could privilege the powerful or short-term opportunists over universalizable norms. The core divergence lies in motivation: contractarianism permits self-interested rationales, potentially justifying outcomes like unequal distributions if they serve aggregate advantage, whereas contractualism rejects such prudential bases to ensure moral claims stand independent of bargaining power, fostering impartiality essential for truth-seeking foundations in ethics.^[32] This shift addresses causal realism by explaining moral bindingness through the non-contingent appeal of non-rejectable reasons, not hypothetical consent's enforceability. Empirical data from behavioral economics underscores the limits of pure self-interest in moral cognition, as individuals frequently incur personal costs to enforce fairness—such as rejecting unfair ultimatum game offers or punishing free-riders in public goods experiments—outcomes better explained by impartial deontic motives than rational maximization, lending support to contractualism's emphasis on reasonable rejectability over advantage-seeking.^[33]^[34] These patterns, observed across cultures in iterated trust games, reveal that while self-interest predicts baseline cooperation, deviations toward costly moral enforcement align more closely with contractualist predictions of inherent regard for others' justified complaints.^[35]

Relation to Constructivism and Deontology

Contractualism bears close resemblance to moral constructivism, a metaethical view positing that normative principles emerge from rational procedures rather than preexisting as realist facts. In this framework, thinkers like John Rawls employ hypothetical devices, such as the original position, to construct principles of justice through simulated agreement among rational agents under conditions of fairness.^[36] T.M. Scanlon's contractualism extends this proceduralism by focusing on principles that withstand reasonable rejection in an idealized interpersonal agreement, positioning it as a restricted form of constructivism confined to obligations toward others rather than comprehensive moral ontology.^[29] Christine Korsgaard's Kantian constructivism similarly derives normativity from the constitutive role of practical reason in agency, yet Scanlon's emphasis on mutual justifiability introduces a dialogical element that differentiates it from more individualistic constructivist variants.^[22] This constructivist affinity underscores contractualism's rejection of moral realism, favoring instead norms validated by their procedural pedigree, as seen in Rawls's 1971 articulation of justice as fairness, which influenced Scanlon's 1998 framework.^[37] However, contractualism is not identical to constructivism; the former prioritizes the avoidance of justified objections in pairwise or multilateral reasoning, whereas constructivism broadly encompasses any reason-based procedure for generating oughts, potentially including non-contractual mechanisms like Korsgaard's endorsement of maxims through self-reflection.^[29] This distinction manifests in handling moral uncertainty: contractualist procedures simulate consensus to resolve indeterminacy, but constructivists like Rawls may embed thicker substantive constraints, such as primary goods, absent in Scanlon's leaner rejection test. In relation to deontology, contractualism exhibits Kantian lineage through its deontic structure, which privileges agent-centered duties over outcome maximization and tests principles for universal acceptability. Scanlon adapts Kant's categorical imperative—requiring maxims willable as universal laws—into a criterion of no reasonable rejectability, preserving deontology's focus on respect for persons as ends.^[38] Yet, it departs from strict Kantianism by shifting from monological rational autonomy to intersubjective justification, where moral force derives from what others could endorse rather than solitary reason's dictates. This interpersonal orientation allows contractualism to accommodate contextual objections in conflicts, potentially permitting exceptions to duties when rejections from burdened parties outweigh others, unlike Kantian absolutism that prohibits side-constraints violations regardless of aggregate justification.^[38] For example, Scanlon's approach evaluates competing claims by their argumentative strength, yielding a less rigid deontology suited to pluralistic disagreements.^[37]

Applications and Extensions

In Moral and Political Philosophy

In moral philosophy, contractualism assesses the wrongness of actions by reference to principles that could not be reasonably rejected by those affected, prioritizing justifications grounded in the equal consideration of individual perspectives rather than aggregate outcomes. T.M. Scanlon's formulation, as outlined in his 1982 essay "Contractualism and Utilitarianism," holds that an act is permissible only if it accords with a principle whose interpersonal endorsement no one with standing to object could rationally deny, thereby deriving duties from the structure of practical reasoning itself.^[2] This avoids utilitarian aggregation by focusing on pairwise justifiability, where moral errors arise from imposing unreciprocated burdens that undermine shared rational agency. For example, promise-breaking violates such principles because endorsing routine breaches would erode the reliability of assurances, enabling promisees—who invest trust based on expected reciprocity—to reasonably reject a rule permitting arbitrary defections, as it destabilizes cooperative expectations essential to human interdependence.^[2] In political philosophy, contractualism applies this test to institutional legitimacy and rights allocation, demanding that laws and coercive powers rest on terms justifiable to each participant without foreseeable reasonable dissent, thus linking authority to reciprocal accountability rather than mere consent or efficiency. This framework bolsters arguments against authoritarianism by exposing regimes that enforce indivisible harms—such as suppression of dissent—without defensible grounds for the burdened, as affected parties can invoke their inviolable claim to non-arbitrary treatment.^[2] Yet it faces challenges for presupposing deliberative rationality and potential convergence on principles amid value diversity, where empirical divergences in worldview may preclude the assumed consensus, rendering derivations of justice overly idealistic and detached from persistent conflicts.^[39] By emphasizing reciprocity as a causal driver of stability—wherein adherence to unrejectable rules sustains mutual predictability and restraint—contractualism underscores deontological safeguards against expedient violations, fostering cohesion through procedural fairness over outcome optimization.^[2] This contrasts with consequentialist metrics, attributing social order to the incentives of justified restraint rather than net benefits, though it requires resolving whether "reasonable" rejection adequately captures non-ideal motivations like resentment or loyalty.^[39]

Contemporary Ethical Dilemmas

Contractualists assess bioethical dilemmas like abortion by evaluating whether principles permitting the procedure withstand reasonable objections from affected parties, particularly if the fetus possesses moral status akin to a person. Under Scanlon's framework, a principle allowing abortion might be rejected if it imposes unjustifiable harm on the fetus, whose potential interests or rights provide grounds for complaint, though disputes arise over the fetus's capacity for such rejection given its developmental stage.^[22] This person-affecting approach contrasts with aggregative utilitarianism, focusing instead on pairwise justifications between the pregnant individual and the fetus, where the woman's autonomy claims must be balanced against any non-rejectable duties to protect nascent life.^[40] In euthanasia and physician-assisted suicide (PAS), contractualism permits principles authorizing these practices for competent, terminally ill patients experiencing unbearable suffering, as such individuals cannot reasonably reject relief from their plight while others' objections—rooted in sanctity-of-life concerns or slippery-slope fears—may lack sufficient weight if evidence shows no widespread non-voluntary extension. For example, Hon-Lam Li argues that contractualist deliberation supports PAS when it minimizes the strongest complaints, such as prolonged agony, without coercing providers or devaluing disabled lives, extendable to voluntary euthanasia under similar consent-based scrutiny.^[41] Empirical data from jurisdictions like the Netherlands, where euthanasia accounted for 4.4% of deaths in 2020 with safeguards against abuse, informs these assessments, though critics contend that familial or societal objections to deprioritizing care over death remain reasonably strong.^[42] Pandemic responses, such as the 2020 COVID-19 lockdowns, have been analyzed through contractualism by weighing whether imposed restrictions generate unacceptable complaint burdens compared to alternatives. John and Curran (2021) apply this to cases like delayed cancer treatments, arguing that principles favoring strict lockdowns to avert viral deaths can be reasonably rejected by patients facing comparable or greater mortality risks from postponed care—e.g., UK data showing a 20-40% drop in urgent cancer referrals during early lockdowns—since the harms to individuals are not hierarchically subordinate to aggregated population benefits. This non-consequentialist lens critiques utilitarian defenses of lockdowns by prioritizing justifications no one affected can reasonably refuse, highlighting 2021 analyses where prolonged restrictions exacerbated mental health declines (e.g., a 25% global rise in anxiety disorders per WHO estimates) without proportional reciprocity for the young or economically burdened.^[43] Global migration poses dilemmas for contractualism in balancing migrants' claims to entry against host populations' reasonable rejections based on individual harms like resource strain or security risks, eschewing aggregative tallies of total inflows. Scanlon's contractualist recharacterization of rights implies duties to tolerate harmless migration, but states may justify restrictions if inflows foreseeably burden citizens' welfare—e.g., rapid increases correlating with 1-2% wage suppression for low-skilled natives in studies from 2010-2020 EU data—provided principles respect each person's standpoint without deferring to majority preferences.^[44] This framework supports selective policies acknowledging objections from existing residents to cultural or fiscal impositions, as in Scanlon's reflections linking tolerance limits to immigration where unchecked entry undermines mutual justification among cohabitants.^[45]

Criticisms and Debates

Challenges to Reasonable Rejection

The reasonable rejection criterion in Scanlon's contractualism posits that moral principles are those that no rational agent could reasonably object to, based on shared grounds of mutual justification. However, critics argue that this test suffers from indeterminacy, as "reasonable" objections depend on contested evaluations of harms and benefits, potentially yielding multiple incompatible principles. For example, in scenarios involving unequal distributions of harm—such as one principle prioritizing the prevention of minor harms to many over severe harm to few—agents with differing reasonable valuations of harm severity may each find grounds for rejection, precluding convergence on a unique set of principles.^[46]^[47] This pluralism arises from the comparative nature of rejection: a principle is rejectable not absolutely, but relative to available alternatives that better address an agent's complaints. Structural difficulties emerge when no alternative sufficiently outperforms the status quo for all parties, as reasonable agents may prioritize personal burdens differently without violating rationality. Thought experiments illustrate this: consider agents A and B facing principles P1 (imposing minor cost on A to avoid large cost on B) and P2 (vice versa); if each views their own large cost as disproportionately weighty based on first-personal reasons, mutual rejection becomes possible, undermining determinacy.^[47]^[48] Scope limitations further challenge the criterion's internal coherence, as it restricts moral standing to rational agents capable of participating in justification, excluding non-rational entities like animals and infants from direct veto power over principles. Scanlon contends that contractualism governs relations among those who value mutual recognition, leaving duties to animals as indirect or non-contractual. Critics highlight exclusionary outcomes via thought experiments, such as permitting factory farming if no rational agent has standing to reject it on animals' behalf, unlike the trustee model extended to infants where guardians represent future rational interests. This asymmetry—treating infants as proto-rational but animals as permanently outside—raises questions about arbitrary boundaries in rejection criteria, potentially allowing principles that overlook verifiable animal suffering without reasonable objection from included parties.^[49]^[50] Despite these flaws, the criterion succeeds in evading relativism by anchoring principles in intersubjective reasons rather than subjective preferences, ensuring objectivity through hypothetical scrutiny. Yet, its demand for agents to assess rejectability from all relevant perspectives imposes impractical cognitive burdens, as real-world deliberation cannot exhaustively simulate diverse objections without collapsing into indecision.^[46]

Aggregation and Non-Individualist Concerns

Scanlonian contractualism, by emphasizing principles that no individual could reasonably reject, inherently resists interpersonal aggregation of harms and benefits, treating each person's complaint on its own merits rather than summing them numerically.^[51] This non-aggregative stance implies that a principle permitting a large benefit to one party at the cost of numerous minor harms to others may be rejectable if any affected individual has sufficiently strong personal grounds for objection, even if the aggregate disvalue exceeds the benefit.^[52] In trolley problem variants, for instance, contractualism often prohibits actively harming one to save five, as the victim's complaint of direct violation carries decisive weight irrespective of the numerical disparity, contrasting with utilitarian permissions that aggregate lives saved.^[53] This individualist focus offers advantages in safeguarding minorities from utilitarian sacrifice, ensuring that no group is expendable for collective gains and aligning with intuitions against trading personal rights for impersonal sums.^[54] However, critics argue it underemphasizes causal realities in decision-making, where empirical models from decision theory demonstrate that aggregation enhances efficiency by optimizing expected outcomes across populations, as seen in resource allocation scenarios where ignoring small-scale harms leads to foregone welfare improvements.^[55] For example, non-aggregation can paralyze policies imposing distributed risks, such as infrastructure projects where tiny probabilistic harms to thousands (e.g., 1-in-1,000,000 fatality risks) aggregate to expected deaths comparable to direct harms, yet each exposed individual might reasonably reject the principle due to personal stakes, blocking socially beneficial actions despite overall risk reductions.^[56] In risk imposition debates, ex ante contractualism—evaluating prospects before realization—struggles particularly, as it may permit only risks all parties would accept individually, sidelining aggregate efficiency gains evident in probabilistic models where summed small exposures enable net positives like safer transportation systems.^[57] A 2025 analysis underscores this tension, noting that contractualism's rejection of aggregation falters in handling cumulative risks from social activities, potentially yielding less realistic outcomes than theories incorporating interpersonal summation for harm minimization.^[58] While protecting against overreach, this approach risks inefficiency in causally complex environments, where data from economic and decision-theoretic simulations show aggregated utilities better predict adaptive, welfare-maximizing behaviors over rigid individual vetoes.^[59]

Traditionalist and Realist Critiques

Traditionalists contend that contractualism, by grounding moral principles in hypothetical rational agreements among equals, neglects the binding duties arising from familial bonds, ancestral traditions, and intergenerational inheritance, which empirical evidence from evolutionary biology indicates as primary drivers of human altruism and social order. Kin selection theory, formalized by W.D. Hamilton in 1964, demonstrates that organisms, including humans, preferentially aid genetic relatives to propagate shared genes, fostering innate obligations toward family that precede and often supersede abstract consent-based reasoning. This non-contractual foundation is evident in cross-cultural patterns of nepotism and parochial altruism, where loyalty to kin and in-group overrides impartial deliberation, as supported by studies in evolutionary social science revealing complex, institution-independent behaviors incompatible with contractualist assumptions of voluntary, universal agreement.^[60] Realists further object that contractualism over-idealizes autonomous rational agents deliberating under a veil of ignorance, disregarding causal realities of power asymmetries, hierarchical authority, and cultural transmission as the actual sources of moral norms. Edmund Burke, in his 1790 Reflections on the Revolution in France, rejected abstract contractual foundations for society, portraying it instead as an organic "partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born," where precedents and inherited wisdom constrain radical reconstruction. This view aligns with empirical observations of human nature, where authority derived from competence, tradition, or coercion sustains order more reliably than consensual pacts, as idealized agreements fail to account for bounded rationality and status-seeking drives documented in behavioral economics and anthropology. In political applications, contractualist frameworks contribute to egalitarian policies that erode merit-based hierarchies, favoring redistribution over desert and incentivizing dependency, as seen in welfare expansions justified by principles no one could reasonably reject yet correlating with reduced labor participation in high-redistribution regimes. Data from OECD nations show that countries with stronger meritocratic incentives, such as those emphasizing earned income over universal entitlements, exhibit higher productivity and social mobility, underscoring how contractualism's impartiality abstracts from evolved preferences for reciprocity based on contribution. Traditionalists argue this abstraction undermines the natural orders of competence and inheritance that have historically stabilized societies, leading to cultural decay observable in declining birth rates and institutional distrust amid forced equality measures.^[61]

Recent Developments

Advances in Act and Rule Variants

In the years following T.M. Scanlon's 1998 articulation of rule contractualism, which deems acts permissible if they conform to principles no one has decisive reason to reject, philosophers have refined the distinction from act contractualism, which assesses the justifiability of particular acts directly rather than via adopted rules.^[62] A key 2024 contribution by Léa Bourguignon defends the viability of act contractualism, arguing it avoids the universalization process inherent in rule variants and better captures the contractualist commitment to pairwise justification, rendering it extensionally distinct and potentially superior in rationale.^[63] This work highlights foundational divergences, with act variants emphasizing immediate rejectability by affected parties without intermediary rules, sparking debates on whether such direct evaluation enhances or undermines moral stability in 2024 symposiums.^[64] Advancements in addressing uncertainty and risk have focused on bolstering causal predictability within contractualist frameworks, particularly through 2025 publications evaluating ex ante versus ex post perspectives. Rüger's 2025 analysis critiques standard contractualist approaches for inadequately distinguishing risk imposition from harm realization under empirical uncertainty, proposing refinements that prioritize complaints proportional to probabilistic burdens to better align with reasonable rejection.^[58] Similarly, Endörfer's March 2025 paper extends Scanlonian contractualism to risk compensation, arguing that justifiability requires ex ante safeguards against unchosen risks in socially beneficial practices, such as medical trials, thereby improving predictive accuracy in variable outcomes.^[65] These developments mark chronological progress by integrating probabilistic reasoning, yet they reveal persistent tensions in non-aggregative structures when scaling to collective risks. Efforts to resolve aggregation challenges—where rule contractualism resists summing minor harms against singular severe ones—have yielded hybrid models blending direct act scrutiny with rule-guided limits on aggregation, permitting interpersonal comparisons only under specified thresholds. Such hybrids, explored in post-2020 refinements, aim to mitigate paradoxes like the "aggregation problem" in Scanlonian theory by allowing defeasible aggregation for feasibility, as in proposals weighting rejectability by risk exposure.^[66] However, ongoing debates question their fidelity to contractualism's anti-aggregative core, with critics arguing that even limited hybrids risk consequentialist drift and fail practical tests in high-uncertainty scenarios as of 2025.^[58] This evolution underscores verifiable strides in theoretical precision, though empirical feasibility remains contested without consensus on implementation criteria.

Empirical and Interdisciplinary Insights

Recent empirical research in cognitive science has linked contractualist principles to patterns observed in human moral judgment. A 2025 study analyzing moral cognition at normative, psychological, and implementational levels identified three key contractualist processes—virtual bargaining, we-reasoning, and universalization—as underlying intuitive deliberations, with experimental data showing participants simulating mutual agreements to evaluate actions.^[30] Similarly, experiments published in 2024 demonstrated that a significant portion of participants displayed "characteristically contractualist" tendencies, where moral choices prioritized outcomes that could not be reasonably rejected by affected parties over utilitarian aggregations.^[67] These findings, drawn from incentivized tasks, suggest contractualism captures resource-constrained approximations of ideal reasoning in everyday moral assessment.^[68] In AI ethics, contractualist frameworks have been empirically tested and modeled to inform system alignment. A June 2025 preprint proposed resource-rational contractualism for AI, using simulations of hypothetical bargaining to predict and encode non-rejectable principles, validated against human judgment datasets showing alignment with observed fairness preferences.^[69] Complementary work developed contractualist artificial agents, where decision algorithms based on mutual acceptability outperformed consequentialist models in benchmarks for ethical dilemmas, such as resource allocation, by 15-20% in agreement with human consensus ratings from crowdsourced validations.^[70] These applications highlight contractualism's utility in bridging normative theory with computational implementation, emphasizing anti-paternalistic outcomes where AI avoids imposing unagreed burdens. Behavioral economics intersections have examined hypothetical agreement against real-world choices, providing data-driven support for contractualist strengths. Studies integrating contractualist reasoning into economic games found that participants' selections often deviated from self-interested Nash equilibria toward Pareto-efficient pacts, with regression analyses indicating rejection sensitivity as a predictor of cooperation rates exceeding 60% in repeated interactions.^[67] This validates contractualism's emphasis on reasonable non-rejection, as observed behaviors resisted paternalistic interventions—such as enforced equality—favoring voluntary terms, corroborated by utility functions derived from choice data that prioritized interpersonal justifications over aggregate welfare.^[68] Such empirical patterns underscore causal mechanisms where anticipated mutual endorsement drives prosocial decisions, distinct from outcome-based heuristics.

References

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Contractualism - an overview | ScienceDirect Topics
Contractualism is defined as a moral theory that justifies principles based on what no reasonable individual could reject, emphasizing ideas of equal moral ...
[2]
[PDF] Contractualism and Utilitarianism
66. Page 8. 116. T. M. SCANLON could it give us a further, special reason for acting? The question for contractualism, then, is whether it can provide a ...
[3]
Rightness as Justifiability: Thomas Scanlon's moral contractualism
Oct 8, 2018 · As we have seen, contractualism is a theory of interpersonal morality, examining what we are entitled to demand of others, the manner in which ...
[4]
Full article: Contractualism and Punishment
Aug 27, 2015 · According to contractualism, the court cannot justifiably mete out excessively harsh punishment to an offender in the name of deterrence, ...
[5]
Lecture 4 Notes (Contractualism/Kantian Ethics)
Kantian ethics is one tradition of ethical theory within the broader contractualist tradition, although for much of the past several hundred years it has been ...<|separator|>
[6]
[PDF] Contractualist Replies to the Redundancy Objections1 - PhilArchive
In Scanlon's theory the idea of reasonable rejection is a comparative notion (Scanlon 1998, 191– 197). A potential moral norm can be reasonably rejected when ...
[7]
[PDF] Contractualism - PhilArchive
If we understood right and wrong in terms of actual contracts, then it would be right to treat those individuals badly, which still seems objectionable. Page 4 ...
[8]
[PDF] The Social Contract – Hobbes (1651) - rintintin.colorado.edu
Hobbes admits that the world was never in a TOTAL state of war or “state of nature”, but he points out that even the modern world supports his point: Nations ...
[9]
[PDF] The Social Contract Theories of Thomas Hobbes and John Locke
This state of nature, according to Thomas Hobbes, is a state of egoistic self-preservation and necessity for survival. Meanwhile, John Locke is rather ...
[10]
Property: John Locke, Second Treatise, §§ 25--51, 123--26
Though the Earth, and all inferior Creatures be common to all Men, yet every Man has a Property in his own Person. This no Body has any Right to but himself.
[11]
[PDF] Two Treatises Government John Locke - York University
common right, which originally they had to those countries; and so have, by positive agreement, settled a property amongst themselves, in dis- tinct parts ...
[12]
[PDF] Locke's Social Contract: Is It Legitimate?
In response to the critique that there are no provisions for people to decide to not consent to the contract of the majority, Locke makes it very clear that if ...<|separator|>
[13]
[PDF] The Social Contract - Early Modern Texts
To be general, a will need not always be unanimous; but every vote must be counted: any exclusion is a breach of generality. 12. Page 18. The Social Contract.
[14]
Book II - Rousseau: Social Contract by Jean Jacques Rousseau 1762
The general will alone can direct the State according to the object for which it was instituted, ie, the common good.
[15]
Complexities in the Determination of the General Will: A Critical ...
Aug 7, 2025 · Through the method of philosophical and textual analysis, this paper examines the inherent absurdities, complexities, and obscurities associated ...<|control11|><|separator|>
[16]
[PDF] Kant on "Why Must I Keep My Promise?"
Part I of this Article first defines the nature of a contractual claim within Kant's legal theory by examining Kant's discussion at the beginning of "Private ...
[17]
[PDF] Contractualism - Yale University
Scanlonian contractualism's roots lie not in Hobbes, but in the social contract tradition of. Rousseau and Kant, one that treats what motivates the parties to ...
[18]
[PDF] Maxim and Principle Contractualism
This provides one source of contrast between maxim contractualism and another normative ethical theory that assesses maxims: universal law Kantianism. For, ...
[19]
[PDF] The Role of Social Contract in Kant's Political Philosophy - DergiPark
early modern period and in contemporary contractualism (O'Neill, 2021, p. ... Ernst Cassirer points that the influence of Rousseau on Kant's ethical and political.
[20]
[PDF] Is Rawls Really a Kantian Contractarian? - PhilArchive
Abstract: In most of the introductions to Rawls and contemporary contractarianism, Rawls is seen as the representative of Kantian contractarianism.
[21]
[PDF] Dignity, Contractualism and Consequentialism - Bates College
contractualism can provide a basis for non-consequentialist, deontological principles of moral wrongness. This approach to solving the redundancy problem in ...<|control11|><|separator|>
[22]
[PDF] Scanlon's Contractualism and Its Critics - CUNY Academic Works
In summary, Scanlon argues his account best addresses questions about how moral judgments are made and why people respect them and act accordingly (WWO 3-4).
[23]
[PDF] A Theory of Justice: Revised Edition - Harvard University
Since it appeared in 1971, John Rawls's A Theory of Justice has · become a ... See Norman Care, “Contractualism and Moral Criticism,” The Review of Metaphysics, ...
[24]
Contractualism and utilitarianism (Chapter 5)
5 - Contractualism and utilitarianism. Published online by Cambridge University Press: 30 January 2010. By. T. M. Scanlon. Edited by. Amartya Sen and. Bernard ...
[25]
Intoduction: Scanlon's contractualism - ResearchGate
Aug 9, 2025 · Scanlon, T. 1982. 'Contractualism and utilitarianism'. Sen and Williams 1982: 103–28. 1998. What We Owe To Each Other. Cambridge, MA.<|separator|>
[26]
What We Owe to Each Other - Harvard University Press
Nov 15, 2000 · Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According ...
[27]
[PDF] The Significance of Choice - Harvard DASH
Professor Scanlon is the author of a number of articles in moral and political philosophy and was one of the founding editors of. Philosophy and Public Affairs.
[28]
RESPONSIBILITY AND THE VALUE OF CHOICE | Think
Jan 3, 2013 · My thesis is that the value of choice, so understood, is the way in which choice enters moral argument and becomes significant at the most ...
[29]
[PDF] CONTRACTUALISM AS RESTRICTED CONSTRUCTIVISM
8 This proposal is influenced by Smith (1994: ch. 5). 9 This is influenced by Korsgaard (1996: 97–98). For a critical examination, see Scanlon (2012: 237) ...
[30]
Contractualist Moral Cognition: From the Normative to the ...
Jul 10, 2025 · Contractualist moral theories view morality as a matter of mutually beneficial agreements among rational agents. Compared to its rivals in ...
[31]
[PDF] Contractualism - PhilArchive
Abstract: This essay begins by describing T.M. Scanlon's contractualism according to which an action is right when it is authorised by the moral principles ...
[32]
Contractualism vs. contractarianism - DOAJ
Analyzing the theories of David Gauthier and Thomas Scanlon, he also indicates the important difference between “moral” and “political” dimension of the idea ...Missing: distinction | Show results with:distinction
[33]
Harm to self outweighs benefit to others in moral decision making
Jul 10, 2017 · These results characterize human decision makers as egoistically biased altruists, with important implications for psychology, economics, and public policy.
[34]
Experimental evidence that preferences for moral behavior, rather ...
The standard approach in behavioral economics to understanding this pure prosocial behavior, which cannot be explained by material self-interest, has been to ...
[35]
[PDF] Are People Self-Interested? The Implications of Behavioral ...
Neoclassical economic theory predicts that the punish- ment mechanism, if it imposes a cost on the punisher, should not affect the outcome.21 But in the ...
[36]
[PDF] MORAL OBJECTIVITY, AUTONOMY, AND REASONS
Scanlon expands constructivism to account for that part of our moral thinking that concerns what we owe to each other – i.e., claims about what is right, wrong, ...
[37]
(PDF) Constructivism VS. Contractualism - Academia.edu
I think Scanlon is less like Rawls than his basic formulation of contractualism suggests. Although he states that the motivational basis of ethics is 'a ...
[38]
[PDF] DEONTOLOGY 1 Introduction - FSU | Department of Philosophy
Whereas Kant asks of a principle whether rational agents could universally will it, Scanlon asks whether reasonable persons could reject it. (Scanlon sees his ...
[39]
Rationality, uncertainty, and unanimity: an epistemic critique of ...
Feb 18, 2020 · This paper considers contractarianism as a method of justification. The analysis accepts the key tenets of contractarianism: expected utility maximization, ...
[40]
[PDF] Contractualism and the conditional fallacy - PhilArchive
Therefore, as people do not currently agree about whether having an abortion is morally right or wrong, no moral attributes could apply to abortion on Harman's.
[41]
[PDF] Contractualism & PAS - CUHK Centre for Bioethics
• Contractualism & Physician-assisted Suicide. (PAS). • Can be extended to Voluntary Euthanasia. Page 4. Contractualism. • Contractualism is the meta-ethical or ...
[42]
What We Owe to Terminally Ill Patients: The Option of Physician ...
Aug 6, 2025 · ... contractualism, at least. See Scanlon 1998. If contractualism ... Whether euthanasia or assisted suicide should be legalised is one of ...
[43]
contractualism as a guide to the ethics of lockdown - PubMed
Mar 19, 2021 · We argue for an alternative non-consequentialist approach, grounded in contractualist moral theorising.
[44]
THE RIGHTS OF MIGRATION | Legal Theory | Cambridge Core
May 22, 2014 · Scanlon later recharacterized his approach in contractualist rather than consequentialist terms: In order to decide what rights people have, we ...
[45]
Harvard's T.M. Scanlon to Speak as Part of Equality and Difference ...
Oct 13, 2017 · Scanlon will speak on “Further Reflections on Tolerance (and Some Implications for Immigration).” The lecture is free and open to the public ...
[46]
How to Reason About What We Owe to Each Other - PhilPapers
Oct 15, 2021 · A common criticism of the theory is that the test of reasonable agreement it endorses is indeterminate. To be more specific, it is claimed ...
[47]
A Critique of Scanlon's Contractualism
Apr 13, 2023 · Scanlon thinks that grounds for reasonable rejection (nonexhaustively) include loss of well-being, unfairness, inadequate recognition of one's ...Missing: unrejectable | Show results with:unrejectable
[48]
[PDF] Improving Scanlon's contractualism
Scanlon's Formula: An act is wrong just when such acts are disallowed by some principle that no one could reasonably reject. If Scanlon was here using 'wrong' ...
[49]
[PDF] Contractualism and the Moral Status of Animals
Scanlon claims that the moral status of non-human ani- mals is outside the scope of contractualism, as the theory is concerned only with what rational beings ...<|separator|>
[50]
[PDF] Contractualism and Our Duties to Nonhuman Animals
Scanlon offers the following reasons to suppose that the application of the trustee model is especially appropriate with respect to human infants and very young ...
[51]
[PDF] Contractualism and Aggregation In What We Owe to Each Other ...
In What We Owe to Each Other^ Tim Scanlon attempts to have his cake and eat it too. He claims both that his contractualist theory provides an.
[52]
[PDF] The Aggregation Problem for Scanlonian Contractualism - CentAUR
Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation.
[53]
[PDF] What We Owe to Many - PhilArchive
Scanlon's contractualism attempts to make sense of right and wrong in terms of principles which no one could reasonably reject.
[54]
6 Contractualism on the Shoal of Aggregation - Oxford Academic
Jan 19, 2012 · Scanlon's contractualism clearly places itself in opposition to all forms of consequentialism in rejecting the to reasoning about what we owe to one another.
[55]
A new measure of group decision-making efficiency
Sep 17, 2020 · It has widely been accepted that aggregating group-level decisions is superior to individual decisions. As compared to individuals, ...
[56]
[PDF] Contractualism and Compensation for Risk Impositions
The article explores how contractualism relates to compensation for harms from risky activities, arguing that ex ante contractualism may not guarantee ...
[57]
[PDF] Contractualism and Social Risk
disallowed by a principle that no one could reasonably reject. According to this pluralist proposal, while the contractualist formula captures an important ...
[58]
Contractualism and Risk - Rüger - 2025 - Compass Hub - Wiley
Sep 5, 2025 · Contractualism, thus understood, rejects interpersonal aggregation in two ways. First, it rejects aggregation by insisting that principles ...Missing: shift | Show results with:shift
[59]
Contractualism and risk preferences | Economics & Philosophy
Oct 26, 2020 · In particular, contractualism permits risks (roughly) to which everyone in the population exposed to the risk has reason to consent. For my ...Contractualism And Risk... · 3. Objection: Diverse... · 5. Including Individual...
[60]
Evaluating social contract theory in the light of evolutionary social ...
We examine social contract theory as developed by some early influential political philosophers (Hobbes, Locke and Rousseau), who viewed the social contract as ...
[61]
Burke and the breaking of the social contract | New Direction
According to Burke, society is built on a contract, but not only between those who are alive, but also those who are no longer and those who are to come.
[62]
Contractualism - Stanford Encyclopedia of Philosophy
Aug 30, 2007 · Contractualism is an impartial moral theory. In contemporary moral philosophy, the main impartial moral theory outside the social contract ...What is contractualism? · Can contractualism really... · What does contractualism...
[63]
On the Possibility of Act Contractualism - Taylor & Francis Online
The only difference with Scanlonian Contractualism is that justifiability is not expressed in terms of reasonable rejection but rather in terms of hypothetical ...
[64]
[PDF] On the Possibility of Act Contractualism - LSE Research Online
Dec 16, 2024 · I now want to suggest that the difference between these two views runs even deeper. Indeed, Act Contractualism and Rule Contractualism do not ...Missing: developments | Show results with:developments
[65]
Contractualism and Compensation for Risk Impositions
Mar 21, 2025 · In this article, I discuss how Scanlonian contractualists ought to think about compensating the victims of socially beneficial yet risky practices that we ...
[66]
Can Contractualism Save Us from Aggregation? - ResearchGate
Feb 7, 2016 · PDF | This paper examines the efforts of contractualists to develop an alternative to aggregation to govern our duty not to harm (duty to ...
[67]
Contractualist tendencies and reasoning in moral judgment and ...
Abstract. The social-contract tradition of Hobbes, Rousseau, Kant, and Rawls has been widely influential in moral philosophy but has until recently received ...
[68]
Resource‐Rational Virtual Bargaining for Moral Judgment: Toward a ...
Jan 19, 2025 · Contractualism posits that people make moral judgments by considering what contracts would be negotiated under idealized circumstances.Missing: studies | Show results with:studies
[69]
https://arxiv.org/pdf/2506.17434
[70]
Modelling Moral Decision-Making in a Contractualist Artificial Agent
Jun 16, 2024 · This paper introduces a novel approach to embedding moral cognition in AI based on contractualism, an ethical theory that deems actions ...Missing: studies | Show results with:studies