A Governing Convention? *
نویسنده
چکیده
In this essay I argue that one can understand the relationship between those who rule and those who are ruled in civil society as an implicit contractual relationship or contract by convention. I use variations of the extensive form Trust Game to summarize the structures of alternative forms of contracts, and apply these variations to model the relationship between the rulers and those under their rule. One of these variations, the Irrevocable Sovereignty Game, summarizes Hobbes’ main argument for why it is conceptually impossible for a contract to exist between a sovereign and the subjects under its rule. I argue that Hobbes’ argument presupposes a common understanding of a contract as a set of promises enforceable by a third party, such as a legally binding agreement. I use another variation of the Trust Game, the Repeatable Sovereignty Game, to show that rulers and ruled can establish and maintain a convention requiring the ruled to obey their rulers’ commands in return for these rulers providing the ruled satisfactory benefits. In effect, the ruled and their rulers create an implicit contract that is self-enforcing rather than an explicit contract requiring third-party enforcement. I argue that this idea of a governing convention has roots in David Hume’s discussions of government, and is even implicit in Hobbes’ own treatment of sovereignty.
منابع مشابه
Internal Restrictions to Iran's accession to the International Convention on the International Sale of Goods
Although the purpose of International Convention on the International sale of goods is not to unify the law of state parties, according to Article 9 of the Iranian Civil Code, “the Provisions of the treaties which has been concluded between the Iranian state and other states according to the Constitution are as valid as the Statute”. On the other hand according to the Article 4 of the Constitut...
متن کاملPOVERTY AND CLIMATE CHANGE Reducing the Vulnerability of the Poor A CONTRIBUTION TO THE EIGHTH CONFERENCE OF THE PARTIES TO THE UNITED NATIONS FRAMWORK CONVENTION ON CLIMATE CHANGE
The judgements herein do not necessarily reflect the views of their respective governing bodies or, when applicable, the countries there represented.
متن کاملThe WHO Tobacco Convention: A New Dawn in the Implementation of International Health Instrument?; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”
The Tobacco Convention was adopted by the World Health Organization (WHO) in 2003. Nikogosian and Kickbusch examine the five potential impacts of the Tobacco Convention and its Protocol on public health. These include the adoption of the Convention would seem to unlock the treaty-making powers of WHO; the impact of the Convention in the global health architecture has been phenomenal globally; t...
متن کاملRole of Principles of Ethics in the Legal Function of Computer
Background: Despite the irreplaceable role of cyberspace in the behaviors of modern society and the importance of observing ethics in it, so far no research has been presented to build a model of practical ethics in this space. The present study examines how ethical laws are enacted in cyberspace. Conclusion: By descriptive analysis of the concept of ethics in cyberspace, the perception is tha...
متن کامل