Hampton, Jean, and . Contracts and Choices: Does Rawls Have a Social Contract Theory?

1980, Journal of Philosophy 77(6): 315-338.

Introduction: In A Theory of Justice John Rawls tells us he is presenting a social contract theory: “My aim,” he writes, “is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract as found in say, Locke, Rousseau, and Kant”. And indeed his many and various critics have generally assumed he has a contractarian position and have criticized him on that basis. However, it will be my contention in this paper that a contractual agreement on the two principles not only does not but ought not to occur in the original position, and that, although Rawls uses contract language in his book, there is another procedure outlined in Part One of A Theory of Justice through which the two principles are selected.

Comment: Questions the nature of the Rawlsian contract and asks whether it really belongs in the same tradition as Hobbes, Locke, and Rousseau. Useful if engaging with Rawls's methodology at a deep level. Would make good further reading for a module on either Rawls specifically or the social contract tradition more generally.

O'Neill, Onora, and . Constructivism vs. Contractualism

2003, Ratio 16(4): 319-331.

Introduction: Are Constructivism and Contractualism different, and if so how? Seemingly they are not wholly different, and certainly not incompatible, since some writers have described themselves as both. As a first shot one might suggest that contractualists ground ethical or political justification in agreement of some sort, whereas constructivists ground them in some conception of reason. This will not provide any neat separation of the two approaches to justification, since agreement may provide a basis for reasons, and reasoning a way of achieving agreement. In opening up these questions a bit further I shall consider some of the moves John Rawls and Tim Scanlon make in talking about their own methods of ethics, and in particular, some of the connections they draw between their methods and the scope of their accounts of ethical reasoning.

Comment: Would be a good further reading for any teaching that touches on Rawls's Kantian constructivism in particular.