Justice for all: Constructing an inclusive contractualism.

Feminists and other critics have charged that contractualist accounts of justice are unacceptable as they stand because they do not address our obligations to persons with severe physical or mental disabilities and because they do not protect caregivers of dependents from injustices. In response, I construct a contractualist theory of justice with the interests of the disabled and caregivers in mind. I argue that the deep ideas underlying contractualism actually dictate inclusion of almost all the disabled, since they make essential cooperative contributions to establishing a society based on relations of mutual respect. The contractualist idea of cooperation is based on reciprocity and not mutual advantage. Because persons with physical impairments make cooperative contributions to family life, politics and civil society, even if they are not able to contribute to the economy, they must be included in contractualist theory. Contractualists can also include as members of society those persons with mental disabilities who lack the two moral powers by recognizing that all but the comatose or those in a wholly vegetative condition have the capacity for engagement. The capacity for engagement or the ability to recognize others as responsive, animate beings with the ability to respond to one's communications allows persons with mental disabilities to engage in joint projects with others in society and, thereby, contribute to a society based on relations of mutual respect in numerous ways. I also argue that contractualists must recognize caregiving for dependent members of society as socially obligatory work for which all members of society are collectively responsible. As a result, society must be arranged so that those who help dependents meet their basic needs are not disadvantaged due to this work. I endorse capabilities as the proper metric of justice and propose principles of justice for members of society who are understood as cooperative contributors to a society based on relations of mutual respect.Ph.D.PhilosophyPhilosophy, Religion and TheologyUniversity of Michigan, Horace H. Rackham School of Graduate Studieshttp://deepblue.lib.umich.edu/bitstream/2027.42/125094/2/3186643.pd