Libertarianism and contractarianism - The Washington Post - John Thrasher, The Volokh Conspiracy:
September 20, 2017 - "Liberalism (in the classical sense) and its more austere cousin libertarianism, are fundamentally doctrines that put personal and political freedom at the heart of things ... typically understood as freedom from government and social interference so that one can exercise one’s freedom to live the life of one’s choosing. Equality is crucial in securing freedom insofar as we understand equality as equality of fundamental rights to non-interference....
"It is a commonplace to argue, as Thomas Nagel did in an early review of Robert Nozick’s epoch-making Anarchy, State, and Utopia, that the libertarian and classical liberal focus on rights is 'without foundations.' Although this criticism is fundamentally mistaken, it is an unsurprising allegation given the preferred intuitionistic method of many of the most important philosophical libertarians....
"I argue that libertarians and liberals should embrace a contractual method of justification.... The core rights that define the freedom and equality of members of a free society are or would be, on this view, the result of an agreement between rational individuals for the purpose of mutual benefit....
"[T]he state of nature and contractual consent are not accurate descriptions of the history of political organization. This criticism, however, misunderstands the basic idea behind social contract theory: to model how a genuinely voluntary and mutually beneficial society would be structured.... The social contract acts as a tool to evaluate existing and possible social rules and institutions.
"Contractual theory, pursued this way, aims to bring the mutually beneficial power of market exchange to social governance. But ... David Gauthier notes in Morals by Agreement, 'before Smith’s invisible hand can do its beneficent work, Hobbes’s war of every man against every man must first be exorcized' (85). Markets require a foundation in basic norms of trust and the assurance that one’s rights are secure. This requires, at least initially, credible enforcement and governance mechanisms. This governance can be achieved in any number of ways, however, not all of which require explicit political institutions.... Indeed, the long-term project of the libertarian contractarian should be to investigate how forms of genuine self-government can realize, in modern societies, the contractarian goals of voluntariness and mutual benefit....
""The contractual approach helps to solve two perennial problems in libertarian and liberal theory ... the foundational problem of whether to base libertarian conclusions on some deontological basis (e.g., natural rights) or to adopt a consequentialist justification [and] how to adjudicate between the anarchist and minimal government strands in libertarian thought....
"[T]he contractual approach preserves a focus on the consequences of political institutions that many find appealing in consequentialist or utilitarian theory.... Similarly, the contractual method, based on rational agreement, provides a justification for rights that doesn’t rely on controversial foundations. This, as I argue more fully in Social Contractarianism, makes the contractual approach uniquely attractive....
"I also argue that the contractual approach can dissolve another traditional dispute between classical liberals and libertarians; whether ... libertarians are really committed to anarchism.... The contractual libertarian can admit that there is no moral obligation or duty to obey the state, but that in a free and open society with institutions that can meet the contractual test, there are good reasons to endorse the laws and social norms of such a society....
"Agreement is the only basis of a free society. These agreements must be voluntary and reflect our perceived interests. A society built on this model would be as close to a truly voluntary society as we could ever hope."
Read more: http://gdspoliticalanimal.blogspot.ca/2017/10/libertarianism-and-contractarianism.html
'via Blog this'
September 20, 2017 - "Liberalism (in the classical sense) and its more austere cousin libertarianism, are fundamentally doctrines that put personal and political freedom at the heart of things ... typically understood as freedom from government and social interference so that one can exercise one’s freedom to live the life of one’s choosing. Equality is crucial in securing freedom insofar as we understand equality as equality of fundamental rights to non-interference....
"It is a commonplace to argue, as Thomas Nagel did in an early review of Robert Nozick’s epoch-making Anarchy, State, and Utopia, that the libertarian and classical liberal focus on rights is 'without foundations.' Although this criticism is fundamentally mistaken, it is an unsurprising allegation given the preferred intuitionistic method of many of the most important philosophical libertarians....
"I argue that libertarians and liberals should embrace a contractual method of justification.... The core rights that define the freedom and equality of members of a free society are or would be, on this view, the result of an agreement between rational individuals for the purpose of mutual benefit....
"[T]he state of nature and contractual consent are not accurate descriptions of the history of political organization. This criticism, however, misunderstands the basic idea behind social contract theory: to model how a genuinely voluntary and mutually beneficial society would be structured.... The social contract acts as a tool to evaluate existing and possible social rules and institutions.
"Contractual theory, pursued this way, aims to bring the mutually beneficial power of market exchange to social governance. But ... David Gauthier notes in Morals by Agreement, 'before Smith’s invisible hand can do its beneficent work, Hobbes’s war of every man against every man must first be exorcized' (85). Markets require a foundation in basic norms of trust and the assurance that one’s rights are secure. This requires, at least initially, credible enforcement and governance mechanisms. This governance can be achieved in any number of ways, however, not all of which require explicit political institutions.... Indeed, the long-term project of the libertarian contractarian should be to investigate how forms of genuine self-government can realize, in modern societies, the contractarian goals of voluntariness and mutual benefit....
""The contractual approach helps to solve two perennial problems in libertarian and liberal theory ... the foundational problem of whether to base libertarian conclusions on some deontological basis (e.g., natural rights) or to adopt a consequentialist justification [and] how to adjudicate between the anarchist and minimal government strands in libertarian thought....
"[T]he contractual approach preserves a focus on the consequences of political institutions that many find appealing in consequentialist or utilitarian theory.... Similarly, the contractual method, based on rational agreement, provides a justification for rights that doesn’t rely on controversial foundations. This, as I argue more fully in Social Contractarianism, makes the contractual approach uniquely attractive....
"I also argue that the contractual approach can dissolve another traditional dispute between classical liberals and libertarians; whether ... libertarians are really committed to anarchism.... The contractual libertarian can admit that there is no moral obligation or duty to obey the state, but that in a free and open society with institutions that can meet the contractual test, there are good reasons to endorse the laws and social norms of such a society....
"Agreement is the only basis of a free society. These agreements must be voluntary and reflect our perceived interests. A society built on this model would be as close to a truly voluntary society as we could ever hope."
Read more: http://gdspoliticalanimal.blogspot.ca/2017/10/libertarianism-and-contractarianism.html
'via Blog this'
