Justice Through Trust: Disability and the 'Outlier Problem' in Social Contract Theory
San Francisco State University - Department of Philosophy
Leslie P. Francis
University of Utah - S.J. Quinney College of Law
Ethics, Vol. 116, No. 1, pp. 40-77, 2005
Viewed as a bargain among equals for reciprocal advantage, social contract theory has been criticized as ignoring outliers such as persons with disabilities. Critics such as Martha Nussbaum have contended that the idea of a social contract must be abandoned in favor of other ways of modeling justice. This article contends that the problem lies in modeling social contract justifications as bargaining for mutual advantage. The insight of social contract theory rests on the importance of respect for individuals with differing conceptions of their good. Reconceptualizing contract theory in terms of building trust relationships fosters inclusiveness and respect.
Number of Pages in PDF File: 20Accepted Paper Series
Date posted: December 4, 2009
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