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Are social contracts possible without actual negotiation?

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  • Randall G. Holcombe

    (Florida State University)

  • Gregory J. Robson

    (University of Notre Dame)

Abstract

This article addresses one of the several moral arguments for the state, the social contract argument, showing that this argument has been inadequately justified. The terms of any contract are determined by negotiation among the parties to the contract. The terms of any contract cannot be known absent actual negotiation to produce them. Social contract theorists widely believe that actual negotiation and actual agreement with a social contract did not occur, so their theories rest on hypothetical scenarios in which people would agree to the contract’s terms. Because actual negotiations did not produce a social contract, one cannot know its terms. This calls into question whether people could be obligated to abide by a social contract whose terms were not negotiated and hence are unknowable.

Suggested Citation

  • Randall G. Holcombe & Gregory J. Robson, 2025. "Are social contracts possible without actual negotiation?," Constitutional Political Economy, Springer, vol. 36(1), pages 68-79, March.
    • Handle: RePEc:kap:copoec:v:36:y:2025:i:1:d:10.1007_s10602-024-09452-1
    DOI: 10.1007/s10602-024-09452-1
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    References listed on IDEAS

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    1. Holcombe, Randall G., 2014. "The economic theory of rights," Journal of Institutional Economics, Cambridge University Press, vol. 10(3), pages 471-491, September.
    2. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. Donald J. Boudreaux & Randall G. Holcombe, 1989. "Government By Contract," Public Finance Review, , vol. 17(3), pages 264-280, July.
    5. Leland B. Yeager, 1985. "Rights, Contract, and Utility in Policy Espousal," Cato Journal, Cato Journal, Cato Institute, vol. 5(1), pages 259-294, Spring/Su.
    6. Krueger, Anne O, 1974. "The Political Economy of the Rent-Seeking Society," American Economic Review, American Economic Association, vol. 64(3), pages 291-303, June.
    7. Roger Congleton, 2007. "On the Feasibility of a Liberal Welfare State: Agency and Exit Costs in Income Security Clubs," Constitutional Political Economy, Springer, vol. 18(3), pages 145-159, September.
    8. Roger D. Congleton, 2018. "A short history of constitutional liberalism in America," Constitutional Political Economy, Springer, vol. 29(2), pages 137-170, June.
    9. Steven G. Medema, 2020. "The Coase Theorem at Sixty," Journal of Economic Literature, American Economic Association, vol. 58(4), pages 1045-1128, December.
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