 This argument has been revived by Jussi Suikkanen (2014) as the claim that certain forms of contract theory, most notably Southwood’s (2010) “deliberative” contractualism, commit the conditional fallacy. The conditional fallacy is a specific version of the problem we are considering here, namely that a conditional with counterfactual agents, will not necessarily apply if the counterfactual agents are sufficiently different from the real ones it is meant to apply to. In response, Southwood (2019) develops what he calls an “advice model” of contractualism wherein we take the counterfactual contractors to generate reasons that should appeal to us as advice from a more thoughtful, idealized version of ourselves, along lines similar to Michael Smith’s (1994) ideal advisor theory of moral reasons. Thrasher (2019) raises a different but related concern that segmented choice in the model of agreement can create outcomes that are not rationalizable to the parties, since they are the result of path-dependent processes.