How should contractualists seek to accommodate and respond to the existence of radical pluralism within contemporary liberal states? Ryan Muldoon has recently argued that a) the dominant Kantian liberal model of contractualism is hopelessly ill equipped to do so but that b) there is a particular kind of Hobbesian contractualism that can do much better. I raise some problems concerning the capacity of Muldoonian contractualism to respond appropriately to the problem of radical pluralism. I then propose a very different kind of solution that involves embracing an advice model of contractualism.Research for the essay was supported by FT160100409 and DP140102468
Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multipl...
While freedom of contract has generally been recognized as a leading principle of European contract ...
In this project I develop a theory of collective agency for Kantian social contract theory (contract...
How should contractualists seek to accommodate and respond to the existence of radical pluralism wit...
Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been pro...
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are conce...
Some contractualist egalitarians try to accommodate a concern for numbers by embracing a pluralist s...
A difficult problem for contractualists is how to provide an interpretation of the contractual situa...
Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. ...
A theory is robustly pluralist if it maintains that law is justified by multiple independent nonorde...
I begin by summarizing my version of liberal pluralism, emphasizing that the notion of pluralism imp...
The chapter will engage with recent pluralistic trends that put modern constitutionalism under strai...
In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism, ” he noted that, despite t...
This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right ...
Contract theory refers to a model of reasoning in political theory and in ethics more generally in t...
Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multipl...
While freedom of contract has generally been recognized as a leading principle of European contract ...
In this project I develop a theory of collective agency for Kantian social contract theory (contract...
How should contractualists seek to accommodate and respond to the existence of radical pluralism wit...
Despite an impressive philosophical pedigree, contractualism (or contractarianism) has only been pro...
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are conce...
Some contractualist egalitarians try to accommodate a concern for numbers by embracing a pluralist s...
A difficult problem for contractualists is how to provide an interpretation of the contractual situa...
Liberalism’s concern with human freedom seems related to contractual freedom and thus contract law. ...
A theory is robustly pluralist if it maintains that law is justified by multiple independent nonorde...
I begin by summarizing my version of liberal pluralism, emphasizing that the notion of pluralism imp...
The chapter will engage with recent pluralistic trends that put modern constitutionalism under strai...
In 1982, when T. M. Scanlon published “Contractualism and Utilitarianism, ” he noted that, despite t...
This essay begins by describing T.M. Scanlon’s contractualism according to which an action is right ...
Contract theory refers to a model of reasoning in political theory and in ethics more generally in t...
Global Legal Pluralism recognizes the inevitability (and sometimes even the desirability) of multipl...
While freedom of contract has generally been recognized as a leading principle of European contract ...
In this project I develop a theory of collective agency for Kantian social contract theory (contract...