Social contracts, constitutions, Pareto improvement and rights

4 important questions on Social contracts, constitutions, Pareto improvement and rights

Rawls’s theory of justice

The social contract is a contract between people in an original position “of total equality” which results from having been placed behind a “veil of ignorance”, which screens out all knowledge about:

•Natural talents •Tastes •Social position •Income •Wealth
all social values are to be distributed equally unless an unequal distribution of these values is to everyone’s advantage

The constitution as a utilitarian contract

Basic idea: Two stages of collective decision making.

Constitutional stage

Political stage

The constitution as a utilitarian contract: critique

Similar to critique to Rawls: in reality, constitutional assemblies that adopt a constitution with unanimity are rare.
The decisions taken there extend to future generations. Can such decisions morally bind future generations? 
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Sen’s result on the potential conflict between individual rights (personal liberty) and the Pareto principle

There exists no social decision function that satisfies these three requirements:

1.There are certain individual rights that should be respected.
2.The Pareto principle should be respected.
3.The unrestricted domain condition should be respected.

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