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An inclusive contractualism: Obligations to the mentally disabled

In Kimberley Brownlee & Adam Cureton (eds.), Disability and Disadvantage. Oxford, GB: Oxford University Press. pp. 138--61 (2009)

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  1. Contractarianism and Cooperation.Cynthia A. Stark - 2009 - Politics, Philosophy and Economics 8 (1):73-99.
    Because contractarians see justice as mutual advantage, they hold that justice can be rationally grounded only when each can expect to gain from it. John Rawls seems to avoid this feature of contractarianism by fashioning the parties to the contract as Kantian agents whose personhood grounds their claims to justice. But Rawls also endorses the Humean idea that justice applies only if people are equal in ability. It would seem to follow from this idea that dependent persons (such as the (...)
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  • Distributive justice, social cooperation, and the basis of equality.Emil Andersson - 2022 - Theoria 88 (6):1180-1195.
    This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. On (...)
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  • Plural Approaches to Theorizing Justice and Legitimacy in Europe.Tom Theuns & Miklós Zala - 2022 - Res Publica 28 (4):585-592.
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  • Justice and the EU: Productive or Relational Reciprocity?Miklós Zala - 2022 - Res Publica 28 (4):635-652.
    In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...)
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  • Sexual Reorientation in Ideal and Non‐Ideal Theory.Candice Delmas & Sean Aas - 2018 - Journal of Political Philosophy 26 (4):463-485.
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  • (1 other version)Exchanges and Relationships.Andrew Jason Cohen - 2012 - Social Theory and Practice 38 (2):231-257.
    Many social scientists think of exchange in terms far broader than philosophers. I defend the broader use of the term as well as the claim that meaningful human relationships are usefully understood as constituted by exchanges. I argue, though, that we must recognize that a great number of non-monetary and non-material goods are part of our daily lives and exchanges. Particularly important are emotional goods. I defend my view against the important objection that it demeans intimate relationships. As an addendum, (...)
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  • An Incomplete Inclusion of Non-cooperators into a Rawlsian Theory of Justice.Chong-Ming Lim - 2016 - Res Philosophica 93 (4):893-920.
    John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...)
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  • Disability and Justice.David Wasserman - forthcoming - Stanford Encyclopedia of Philosophy.
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  • Disability and Justice.Christie Hartley - 2011 - Philosophy Compass 6 (2):120-132.
    Historically, philosophers have had little to say about justice and disability. However, in recent years and in response to disability rights movements, philosophers have started to consider the claims to justice of persons with mental and physical impairments. Importantly, some have charged that without extensive revision, social contract accounts of justice – which enjoy immense popularity among political philosophers – cannot address the needs and interests of persons with disabilities. In this article, I explain why social contract accounts are thought (...)
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  • Political liberalism and the justice claims of the disabled: a reconciliation.Gabriele Badano - 2014 - Critical Review of International Social and Political Philosophy 17 (4):401-422.
    Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...)
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