Abstract

http://ssrn.com/abstract=1919174
 


 



Covenant and Feminist Reconstructions of Subjectivity within Theories of Justice


Janet Moore


University of Cincinnati College of Law

1992

Law & Contemporary Problems, Vol. 55, p. 159, 1992

Abstract:     
This Article bridges the dichotomy between communitarian and liberal social contract conceptions of subjectivity by excavating the deeply rooted meaning of covenant as a promissory relationship constitutive of identity. I trace the covenant paradigm’s role in formative debates over the creation of “We the People” as a constitutional subject. I connect tensions in that debate with polarities between freedom and equality and between the private and social construction of first-order value claims. I argue that feminist-intersubjectivist critiques of Rawls’ Theory of Justice can benefit from a careful mining of the covenant paradigm’s emancipatory potential for metaethical and constitutional doctrine.

Number of Pages in PDF File: 39

Keywords: covenant, contract, critical theory, feminist theory, Rawls, intersubjectivity

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Date posted: August 30, 2011  

Suggested Citation

Moore, Janet, Covenant and Feminist Reconstructions of Subjectivity within Theories of Justice (1992). Law & Contemporary Problems, Vol. 55, p. 159, 1992. Available at SSRN: http://ssrn.com/abstract=1919174

Contact Information

Janet Moore (Contact Author)
University of Cincinnati College of Law ( email )
Post Office Box 210040
Cincinnati, OH 45221-0040
United States
513-556-0126 (Phone)
513-556-1236 (Fax)
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