Michael Sandel on Contract Theory - Dictionary of Arguments
Brocker I 675
Contract Theory/Sandel: for the political philosophy of modern times from Hobbes to Kant, the idea of contracts is so attractive not least because, according to its model, the establishment of states and legal systems can be thought of as an act of a free agreement of previously unattached individuals with different interests and life plans. The formal nature of the procedure and the free consent of all parties is crucial.
SandelVsRawls: Rawls is not, however, concerned with justifying the establishment of a state and legal order in general, but with justifying certain substantive principles of justice.
Problem: Rawls then has to justify certain principles in content with a purely formal criterion. He succeeds only by dropping the idea of justification by negotiation in favor of a derivation of principles from his implicit subjectivity theory (see Subjectivity/Sandel). See Veil of Ignorance/Sandel.
The "conclusion of a contract" is therefore not based on a free agreement but - in the Kantian sense of the word - on the realization that implies such a conceived practical subjectivity in terms of principles of justice from the outset. (1)
1. Michael Sandel, Liberalism and the Limits of Justice, Cambridge/New York 1998 (zuerst 1982), p. 130, 132.
Markus Rothhaar, “Michael Sandel, Liberalism and the Limits of Justice” in: Manfred Brocker (Hg.) Geschichte des politischen Denkens. Das 20. Jahrhundert. Frankfurt/M. 2018_____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
The Procedural Republic and the Unencumbered Self 1984
Geschichte des politischen Denkens. Das 20. Jahrhundert Frankfurt/M. 2018