F Social Contracts

2/17/25 Notes

Founding Documents

1. Declaration of Independence

   • July 4, 1776

2. Articles of Confederation

   • November 15,1777

3. The Constitution of the United States of America

   • adopted by Constitutional Convention

   • September 17, 1787

4. The Bill of Rights

   • First ten amendments of Constitution

King George III

Modest, temperate, hard-working, and respectful of Parliament

• in many ways the model of a constitutional monarch

“A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people."

From the Declaration of Independance

• written by Thomas Jefferson

• Criticizing King George III and his tyrannical rule over American colonies

Plato’s Thoughts on Democracy and Tyrannieseople."

Democracy

• mob ruled by individuals with no values

• tends to turn into a tyranny

Tyranny

• Worst form of government

• someone gains power as “leader of the people” but then terrorizes his real and suspected enemies

What was declared at the Constitutional Convention

1. Created three co-equal branches of government (Legislative, Executive, Judicial) to ensure checks and balances and prevent abuse of power.

2. The Constitution allows amendments by Congress or a constitutional convention, enabling changes without proving a loss of power or rights violation.

Problem with Actual Social Contracts

Social contracts reflect their historical context and the framers’ motivations. The U.S. Constitution was shaped by elite men, excluding many groups. For a truly just contract, we might need to reimagine it.

John Rawls (1921-2002)

The ideal social contract is what would emerge from rational contractors behind “the veil of ignorance.”

• the people writing the social contracts cannot know their age, race, gender, economical status so that their personal biases will not affect the writing of the social contract

“the veil of ignorance”

John Rawls

• The Veil of Ignorance forces you to design a fair society, since you don't know your place in it

"Original Position"

John Rawls Thought Experiment

• asks us to imagine designing a society from scratch while behind a "Veil of Ignorance"

• you don't know anything about your personal characteristics (like your gender, race, wealth, or abilities)

Rawls used this thought experiment to show how fairness and justice can be achieved through impartial reasoning, rather than biased by personal interests.

Rawl’s Two Principals

1. Equal basic rights for all.

2. Inequalities in society are only justified if they benefit the least advantaged (the "Difference Principle").

Rawls concedes that meritocracy is fairer than utilitarianism or libertarianism but…

• He argues that: Income and wealth should not be determined by natural talents or social circumstances.