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Both social contract theory and Kantianism are based on the idea that there are
universal moral rules that can be derived through a rational process. However, there is
a subtle but important difference in how we decide what makes a moral rule ethical.
Kantianism has the notion that it is right for me to act according to a moral rule if
the rule can be universalized. Social contract theory holds that it is right for me to
act according to a moral rule if rational people would collectively accept it as binding
because of its benefits to the community.
Hobbes, Locke, and many other philosophers of the seventeenth and eighteenth
centuries held that all morally significant beings have certain rights, such as the right
to life, liberty, and property. Some modern philosophers would add other rights to this
list, such as the right to privacy.
There is a close correspondence between rights and duties. If you have the right
to life, then others have the duty or obligation not to kill you. If you have a right to free
health care when you are ill, then others have the duty to make sure you receive it. Rights
can be classified according to the duties they put on others. A
negative right
is a right
that another can guarantee by leaving you alone to exercise your right. For example,
the right of free expression is a negative right. In order for you to have that right, all
others have to do is not interfere with you when you express yourself. A
positive right
is a
right that obligates others to do something on your behalf. The right to a free education
is a positive right. In order for you to have that right, the rest of society must allocate
resources so that you may attend school.
Another way to view rights is to consider whether they are absolute or limited. An
absolute right
is a right that is guaranteed without exception. Negative rights, such as
the right to life, are usually considered absolute rights. A
limited right
is a right that
may be restricted based on the circumstances. Typically, positive rights are considered
to be limited rights. For example, American states guarantee their citizens the right to
an education. However, because states do not have unlimited budgets, they typically
provide a free education for everyone up through the 12th grade but require people to
pay for at least some of the costs of their higher education.
Proponents of social contract theory evaluate moral problems from the point of
view of moral rights. Kant argued that rights follow from duties. Hence Kantians evalu-
ate moral problems from duties or obligations.
One of the criticisms of utilitarianism is that the utilitarian calculus is solely interested
in the total amount of happiness produced. From a purely utilitarian standpoint, an
unequal distribution of a certain amount of utility is better than an equal distribution
of a lesser amount of utility.
Social contract theory recognizes the harm that a concentration of wealth and
power can cause. According to Rousseau, “the social state is advantageous to men only
when all possess something and none has too much” [25, p. 68]. John Rawls (1921-
2002), who did much to revive interest in social contract theory in the twentieth century,
proposed two principles of justice that extend the definition of the social contract to
include a principle dealing with unequal distributions of wealth and power.
