The worry is that a perfectionist theory cannot plausibly explain central principles of liberal constitutionalism like the harm principle unless it dilutes the distinctive force of perfectionism into what is, in fact, a version of an autonomy-based variant of contractualism
. The alternative is to interpret the theory as more consistent with a frankly anti-liberal normative stance.
Nelson Lichtenstein, James Atleson, and David Brody discuss the legal aspects of this, including the "managerial prerogative" and "workplace contractualism
" facets of collective bargaining as determined by the National Labor Relations Board.
and Utilitarianism, in Utilitarianism and Beyond 103, 110-28 (Amaryta Sen & Bernard Williams eds., 1982).
Does David Brody's combative defense of "workplace contractualism
" (seniority ladders, grievance procedures, final step arbitration) really define the outer limits of possibility?
The main structure is something like this: Parfit identifies, through a rigorous analysis of problems and objections, what he sees as the best versions of Kantianism, consequentialism, and contractualism
. He is happy to acknowledge that his main interest is not in staying true to every detail of the original theories, but rather in searching for the best possible forms those theories could take.
Scanlon's analysis of the relation between choice and responsibility is part of his larger theory of contractualism
, or the theory of "what we owe to each other".
and Sieyes' constituent power theory were efforts in order to deconstruct the rationale that associated privileges to an immutable order, created by nature, impossible for the men to change it.
Peter Carruthers addresses this question in The Animals Issue, a book-length defence of ethical anthropocentrism premised on a Rawls-inspired contractualism
analyzes passing off in terms of the relationship between the defendant producer and his customers, and their mutual respect for one another's autonomy.
5) is to mark a contrast between his own form of anti-realist constructivism and, in particular, Scanlon's 'realist' contractualism
. Scanlon's emphasis on interpersonal justifiability, Lenman suggests, is better accounted for within a broadly Humean and expressivist big picture of normativity.
Nor does she mention the role the CIO played in championing what David Brody called "workplace contractualism
," which exchanged unruly direct action for legal status through no-strike policies, management prerogatives, and dues check-offs.
An example of Kelsen's eloquence is the manner in which he conceives the distinction between the juridical norm and the moral norm, rejecting almost invariably the theories of jusnaturalism and contractualism
. The prevalence of moral norms upon juridical norms claimed by jusnaturalism might be based only upon two hypotheses: either there is a supreme moral norm created by a supreme being (God), or there exists at least one absolute moral norm universally accepted and abided by.