New Books In Law

The idea that a political order derives its authority, legitimacy, and justification from some kind of initial agreement or contract, whether hypothetical or tacit, has been a mainstay of political philosophy, at least since Hobbes. Today, the leading approach to theorizing justice–John Rawls’ conception of “justice as fairness”– employs a contract doctrine, albeit of a somewhat modified kind. There, too, the idea is that an initial agreement, struck under special conditions of fairness, settles the principles of justice that will govern a society. The fundamental thought driving social contract theories is undeniably intuitive: What else could justify social rules and principles but the agreement of those who are to live under them? But, of course, there are fairly obvious problems with the very idea of a hypothetical prosocial fair agreement that results in principles and rules to govern actual societies. In Social Contract Theory for a Diverse World: Beyond Tolerance (Routledg