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)