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خانه / Que Es Ser Contractualista

Que Es Ser Contractualista

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Contractualism should not be confused with democracy, because not all contractualist theories defend democratic political models. Contractualism should also not be confused with nationalism, as they express different ideas both nuclear and almost simultaneous political movements of modern states. Contractualism remains the most widespread characterization of the origin, nature, and characteristics of the state in the West, and primarily influenced the American War of Independence and the French Revolution. Classical constitutionalist authors, the first philosophers to develop contractualism, have some similarities as well as notable differences. The footprint of these three contract researchers goes back to the present day. [Hobbesians to elaborate their theory of the state, and the liberal model of the non-interventionist state seems to be strongly influenced by Locke. Communal, ecological and romantic ideals are shaped by Rousseau, an author who is otherwise difficult to classify. The emergence of constitutionalist thought is the basis of modern constitutionalism. For consultants like Peter Carruthers, it is implicit that only those with rational abilities (who must consider themselves part of a contract) can benefit from such a contract, and therefore only rational agents would be protected by contractism.4 However, this is not automatically implicit in contractism.

Those who participate in a contract may choose to protect others. And we`ve seen that we have good reasons to do this when it comes to non-human animals. Moreover, we could only accept a position like Carruthers` if we accepted a contractualist approach such as that advocated by Hobber, which does not take justice into account. However, if we accept the approach advocated by contemporary constitutionalism, we could not accept a position in which only rational agents or only those in power would have protection. It should be examined, under impartial conditions, whether a principle is acceptable or not. If we were to accept the principle of an impartial position, without knowing what our own circumstances would be, then the principle is legitimate. According to the theory of contractualism, the moral and political principles we should follow are those we would accept in a hypothetical contract. Contract specialists often present a scenario in which no moral or political principles have yet been accepted, and we need to find some of these principles.

Contractualism holds that the principles we should accept in the scenario they present are those we should accept in the real world. Already in the twentieth century, a neo-concentralist theory appears, which deserves to be included in the group of classical authors, because of the more than remarkable influence it has. This theory is that of the American philosopher J. Rawls, whose best-known work is the 1971 theory of justice. Contemporary opposing positions have a different approach. Like Hobbes, they argue that the idea of the social contract is a mechanism for seeing which norms can legitimately be chosen. They differ in what you would do with these legitimate rules. For contemporary contractualism, the acceptance of such rules in a situation where the issue is relaxed under the conditions of justice requires impartiality. For example, John Rawls invites us to imagine a situation in which we have to choose the norms of the society in which we are going to live, while completely ignoring all the facts about what our place in this society will be, as well as in terms of physical constitution, ethnicity, etc. It is assumed that in such a situation, the norms would be accepted as legitimate, since we would maintain impartiality.2 Thomas Scanlon argued that we should only act according to principles that no one would reasonably reject.3 Contractualism is a philosophical and legal doctrine that states that society and the state are born of a pact (known in contractual terminology as the “social contract”). This pact is made by the individuals who are beginning to be part of this state-run society.

This doctrine opposes the idea that society or the state is something natural, as Aristotle asserted (man is a political animal by nature), or that they preempt the will of individuals. However, the most famous names in the treaty tradition are those of Hobbes, Locke and Rousseau, probably because of the depth of their thoughts and the subsequent influence of their works. Let`s see what their ideas are. John Locke`s political theory appears mainly in the Second Treatise on Civil Government. In this work, he develops a constitutional theory that provides original and critical views of many of Hobbes` positions. The treaty was written in Holland in 1690, two years after the triumph of the Glorious Revolution in England. According to many, this treatise represents a theoretical justification for the revolution, supported and promoted by its benefactor, the Earl of Shaftesbury, the principal representative of the Whig cause (liberal and parliamentary) with which Locke identified, as well as the parliamentary monarchy that followed the revolution. .

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