- In Pursuit of Justice for Disability: Model Neutrality Revisited
- Theoretical Strategies to Define Disability
- Disability, Health, and Difference
- Habilitative Health and Disability
- Philosophy and the Apparatus of Disability
- Disability Liberation Theology
- Disabilities and Well-Being: The Bad and the Neutral
- Causing Disability, Causing Non-Disability: What’s the Moral Difference?
- Why Inflicting Disability is Wrong: The Mere-Difference View and the Causation-Based Objection
- Evaluative Diversity and the (Ir)Relevance of Well-Being
- Contractualism, Disability, and Inclusion
- Civic Republican Disability Justice
- Disability and Disadvantage in the Capabilities Approach
- Disability and Partial Compliance Theory
- Fair Difference of Opportunity
- The Disability Case Against Assisted Dying
- Epistemic Exclusion, Injustice, and Disability
- What’s Wrong with “You Say You’re Happy, but … ” Reasoning?
- Interactions with Delusional Others: Reflections on Epistemic Failures and Virtues
- Disability, Rationality, and Justice: Disambiguating Adaptive Preferences
- Ideals of Appreciation and Expressions of Respect
- The Limiting Role of Respect
- Respect, Identification, and Profound Cognitive Impairment
- Care and Disability: Friends or Foes
- A Dignitarian Approach to Disability: From Moral Status to Social Status
- Cognitive Disability and Moral Status
- Dignity, Respect, and Cognitive Disability
- On Moral Status and Intellectual Disability: Challenging and Expanding the Debates
- Neurodiversity, Autism, and Psychiatric Disability: The Harmful Dysfunction Perspective
- Educational Justice for Students with Intellectual Disabilities
- A Symmetrical View of Disability and Enhancement
- Cognitive Disability and Embodied, Extended Minds
- The Visible and the Invisible: Disability, Assistive Technology, and Stigma
- Neurotechnologies and Justice by, with, and for Disabled People
- Second Thoughts on Enhancement and Disability
- Cost-Effectiveness Analysis and Disability Discrimination
- Prioritization and Parity: Which Disabled Newborn Infants Should Be Candidates for Scarce Life-Saving Treatment?
- Why People with Cognitive Disabilities Are Justified in Feeling Disquieted by Prenatal Testing and Selective Termination
- Reproductive Choice in Context: Avoiding Excess and Deficiency?
- Bioethics, Disability, and Selective Reproductive Technology: Taking Intersectionality Seriously
- Procreation and Intellectual Disability: A Kantian Approach
- Parental Autonomy, Children with Disabilities, and Horizontal Identities
- Beyond Instrumental Value: Respecting The Will of Others and Deciding On Their Behalf
Abstract and Keywords
This chapter considers why social contract accounts may seem particularly ill-suited to address justice for all persons with impairments or illnesses. Two variants of social contract theory are discussed: contractarianism and contractualism. It is argued that while contractarian theories may be able to address certain basic needs and interests of persons with impairments or illnesses, such theories are, nonetheless, unacceptable if one holds that (nearly all) human beings are owed justice because of their own value or intrinsic worth. Although Rawls did not address justice for those with impairments in his theory in any detail, it is argued that contractualists can develop quite inclusive theories. Two strategies for developing an inclusive contractualism are discussed, both of which focus on a capacity for cooperative contribution possessed by nearly all human beings and in which we can understand the intrinsic value of persons as inhering.
Christie Hartley is Associate Professor of Philosophy at Georgia State University. Her publications include articles and book chapters on disability and justice and, with Lori Watson, on political liberalism and sex equality. Hartley and Watson’s book, Equal Citizenship and Public Reason: A Feminist Political Liberalism, is forthcoming with Oxford University Press.
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