Donald Hubin

in Morals by Agreement, David Gauthier assumes that the contractors' preferences are non-tuistic--that they take "no interest in one another's interests." This is the analog of John Rawls's assumption of "mutual disinterest." Gauthier's assumption of non-tuism is ambiguous in important ways and he sometimes shifts between quite distinct meanings. I examine the various plausible interpretations of non-tuism and then critically evaluate Gauthier's justification for assuming that it is only agents' non-tuistic preferences that are to be considered in arriving at an acceptable social contract.

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children.

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

In 'The Moral Problem', Michael Smith defends a conception of normative reasons that is nonrelative. Given his understanding of normative reasons, nonrelativity commits him to the convergence hypothesis: that, as a result of the process or correction of beliefs and rational deliberation, 'all' agents would converge on having the same set of desires. I develop several reasons for being pessimistic about the truth of this hypothesis. As a result, if normative reasons exist, we have a reason to be skeptical of either Smith's understanding of what normative reasons are or of his insistence that they are nonrelative.