Some of the most important contributions to animal ethics over the past decade or so have come from political, as opposed to moral, philosophers. As such, some have argued that there been a ‘political turn’ in the field. If there has been such a turn, it needs to be shown that there is something which unites these contributions, and which sets them apart from previous work. We find that some of the features which have been claimed to be shared commitments (...) of the turn are contested by key theorists working in the field. We also find that the originality of the turn can be exaggerated, with many of their ideas found in more traditional animal ethics. Nonetheless, we identify one unifying and distinctive feature of these contributions: the focus on justice; and specifically, the exploration of how political institutions, structures and processes might be transformed so as to secure justice for both human and nonhuman animals. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)

abstract Contractarianism roots moral standing in an agreement among rational agents in the circumstances of justice. Critics have argued that the theory must exclude nonhuman animals from the protection of justice. I argue that contractarianism can consistently accommodate the notion that nonhuman animals are owed direct moral consideration. They can acquire their moral status indirectly, but their claims to justice can be as stringent as those among able‐bodied rational adult humans. Any remaining criticisms of contractarianism likely rest on a disputable (...) moral realism; contractarianism can underwrite the direct moral considerability of nonhuman animals by appealing to a projectivist quasi‐realism. (shrink)

While animal rights have been a central topic within moral philosophy since the 1970s, it has remained virtually invisible within political philosophy. This article explores two key reasons for the difficulties in locating animals within political philosophy. First, even if animals are seen as having intrinsic moral status, they are often seen as ultimately distant others or strangers, beyond the bounds of human society. Insofar as political philosophy focuses on the governing of a shared social life, animals are seen as (...) falling outside its remit. Second, even if animals are recognized as members of society, they are seen as lacking the capacities or competences said to be essential for politics, and for membership in the demos. We challenge both assumptions. Many animals live and work alongside us, within an interspecies society, and all members of society should have the right to shape decisions about how that society is governed. An interspecies society requires interspecies politics. (shrink)

Apparently illegal cases of animal rescue can be either open or covert: ‘open rescue’ is associated with organizations such as Animal Liberation Victoria and Animal Liberation New South Wales; ‘covert rescue’ is associated with the Animal Liberation Front. While the former seems to qualify non-controversially as civil disobedience I argue that at least some instances of the latter could also qualify as civil disobedience just so long as various norms of civility are satisfied. The case for such a move is (...) defended against objections that covertness is inherently suspect; a failure to accept responsibility; and inconsistent with civil disobedience as a form of communication. Against such objections, the paper emphasizes the importance of respecting the open texture of the concept of civil disobedience if it is to be of continuing relevance against the backdrop of changing forms of non-violent dissent. (shrink)

This article presents an argument for veganism, using a formal-axiomatic approach: a list of twenty axioms are explicitly stated. These axioms are all necessary conditions to derive the conclusion that veganism is a moral duty. The presented argument is a minimalist or core argument for veganism, because it is as parsimonious as possible, using the weakest conditions, the narrowest definitions, the most reliable empirical facts and the minimal assumptions necessary to reach the conclusion. If someone does not accept the conclusion, (...) logical consistency requires that s/he should be able to point at axiom on which s/he disagrees. The argument exposes hidden assumptions and provides a framework for an overview of the philosophical literature on animal rights and vegetarianism / veganism. (shrink)

Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice . Engaging with the work of Rawls, I show that an (...) expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice. (shrink)

In this article, I argue that there are three widely accepted views within contemporary theorising about justice that present barriers to accepting that non-human animals possess direct entitlements of justice. These views are that the basis of entitlements of justice is either contribution to a cooperative scheme for mutual advantage or the capacity to so contribute; political liberalism, that is, the view that requirements for coercive state action can be justified only by appeal to the ideal of citizens as free (...) and equal and the principles of justice that are entailed by that ideal; and that the principles of justice apply directly to the institutions of what John Rawls calls the ‘basic structure of society’, and not to the conduct of individuals. I then consider several attempts to ground direct entitlements of justice for animals via modest revisions to one or more of these widely accepted views, and argue that they fail, and that, more generally, any such attempt must fail. I claim that any theory that can include direct entitlements for animals must reject and at least one of and, and that there are reasons to think that those who are inclined to endorse direct entitlements for animals are unlikely to be satisfied with any view that does not reject all three of the widely accepted views. I conclude by briefly noting some of the important implications of rejecting all of these views. (shrink)

The Animal Rights Thesis (ART) entails that nonhuman animals like pigs and cows have moral rights, including rights not to be unjustly harmed. If ART is true, it appears to imply the permissibility of killing ranchers, farmers, and zookeepers in defense of animals who will otherwise be unjustly killed. This is the Militancy Objection (MO) to ART. I consider four replies to MO and reject three of them. First, MO fails because animals lack rights, or lack rights of sufficient strength (...) to justify other-defensive killing. Second, MO fails because those who unjustly threaten animals aren't liable or, if they are liable, their liability is outweighed by other considerations (e.g., a strong presumption against vigilante killing). I then argue both of these fail. Third, MO succeeds because animal militancy is permissible. Fourth, MO fails because there aren't liability justifications for defensive killing in general (i.e., pacifism is true). I argue that there's thoroughgoing epistemic parity between the Militancy View (MV) and the Pacifist View (PV), and that two considerations favor PV over MV. First, because under conditions of uncertainty, we should believe rights-bearers retain rather than lose their rights, which PV affirms and MV denies. Second, because PV is intrinsically likelier than MV to be true since PV at worst affirms wrongful letting die and MV at worst affirms wrongful killing, the latter of which is intrinsically harder to justify than the former. (shrink)

Bioethics is a field in which innovation is required to help prevent and respond to zoonotic diseases with the potential to cause epidemics and pandemics. Some of the developments necessary to fight pandemics, such as COVID-19 vaccines, require public debate on the benefits and risks of individual choice versus responsibility to society. While these debates are necessary, a more fundamental ethical innovation to rebalance human, animal, and environmental interests is also needed. One Health (OH) can be characterized as a strategy (...) that recognizes and promotes the synergy between human, animal, and environmental health. Yet, despite the recognition that these entities are interdependent, there is a pronounced inequality in the power relations between human, non-human animal, and the environmental interests which threatens the well-being of all. Until OH can ensure the moral status of animals and the environment and thereby the equal consideration of these interests, it will struggle to protect non-human interests and, as a result, human health. To create a sustainable health system requires a renewed concept of justice that is ecocentric in nature and an application of OH that is flexible and responsive to different ethical interests (e.g., person-centred care and physician responsibilities). Ultimately, to save themselves, humans must now think beyond themselves. Bioethics must assume a key role in supporting the developments required to create and maintain relationships able to sustain environmental and human health. (shrink)

This article seeks to revisit the relationship between Rawls’s contractarianism and the moral status of animals, paying particular attention to the recent literature. Despite Rawls’s own reluctance to include animals as recipients of justice, and my own initial scepticism, a number of scholars have argued that his theory does provide resources that are useful for the animal advocate. The first type takes Rawls’s exclusion of animals from his theory of justice at face value but argues that animals can still be (...) protected within a moral realm independently of justice, or indirectly through the motivations of human contractors. The second type adapts his theory in a way that enables animals to be included within a contractarian theory of justice. It is argued, though, that none of the responses offered is successful in providing a sphere of protection for animals from within Rawls’s contractarian theory. It is doubtful if Rawls’s intention was for animals to receive a significant degree of protection within a moral realm independently of justice, and equally doubtful if the contractors in the original position would be motivated to act on behalf of animals. In the case of the second, whilst Rawlsian resources can be utilised to justify the attempt to amend the veil of ignorance so as to include animals, these are not dependent on a contractural agreement. Similarly, placing emphasis on social-co-operation as a means of incorporating animals into a theory of justice is flawed, not least because, paradoxically, it works for domesticated animals whilst they are being exploited. (shrink)

In the last decade, the study of moral heuristics has gained in importance. I argue that we can consider speciesism as a moral heuristic: an intuitive rule of thumb that substitutes a target attribute (that is difficult to detect, e.g. “having rationality”) for a heuristic attribute (that is easier to detect, e.g. “looking like a human being”). This speciesism heuristic misfires when applied to some atypical humans such as the mentally disabled, giving them rights although they lack rationality. But I (...) argue that it is not necessarily irrational or inconsistent to hold on to this heuristic rule, because we have to take time and knowledge constraints, uncertainty aversion and emotional costs into account. However, this “heuristic defense” of speciesism uses a target attribute (rationality) that has implications of disrespect towards some atypical humans. Therefore, based on notions of impartiality and compassion, I argue for a morally better target attribute: sentience (“having a sense of well-being”). “Being a vertebrate” is suitable as a corresponding heuristic attribute because it is easy to detect and has a strong correlation with the target attribute of sentience. (shrink)

ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying any particular intervention on (...) behalf of animals is much more difficult – and in present circumstances impossible. If these claims are correct, a number of important conclusions follow. First, all states lack legitimacy because of the horrors that they inflict upon animals. As a result of this, all states are prima facie liable to intervention by external agents. To remedy this situation, all states have the responsibility to massively transform their relationsh... (shrink)

Mark Rowlands argues that, contrary to the dominant view, a Rawlsian theory of justice can legitimately be applied to animals. One of the implications of doing so, Rowlands argues, is an end to animal experimentation. I will argue, contrary to Rowlands, that under a Rawlsian theory there may be some circumstances where it is justifiable to use animals as experimental test subjects (where the individual animals are benefited by the experiments).

Central to the social membership model of animal rights is the claim that relations with nonhuman animals should be reorganized such that domesticated animals are recognized as members of our shared societies. Though some elements of the membership model remain contested, the core of the membership model is that domesticated animals have a claim on, and a direct entitlement to, the benefits of cooperative relations. For many political theorists, however, distributive justice considerations apply only to a certain kind of cooperative (...) relationship. The community of justice recipients is thought to be limited by what Brian Berkey calls the Contribution/Capacity Basis of Entitlement. Accordingly, justice considerations apply to a scheme of cooperation and a conception of justice “entail[s] direct entitlements only for those who are contributors, or, alternatively, those who at least possess the capacities that are necessary to be capable of contributing to such a scheme”. This thesis – referred to as ‘contributionism’ – has typically been utilized to exclude nonhuman animals from justice considerations. The paper argues that contributionism is not fundamentally at odds with justice for domesticated animals, and conversely that contributionism remains a useful conceptual tool for explaining resource sharing with these nonhuman animals. (shrink)

It is commonly thought that neo-Hobbesian contractarianism cannot yield direct moral standing for marginal humans and animals. However, it has been argued that marginal humans and animals can have a form of direct moral standing under neo-Hobbesian contractarianism: secondary moral standing. I will argue that, even if such standing is direct, this account is unsatisfactory because it is counterintuitive and fragile.

In Justice and Natural Resources: An Egalitarian Theory, Chris Armstrong proposes a version of global egalitarianism that – contra the default renderings of this approach – takes individual attachment to specific resources into account. By doing this, his theory has the potential for greening global egalitarianism both in terms of procedure and scope. In terms of procedure, its broad account of attachment and its focus on individuals rather than groups connects with participatory governance and management and, ultimately, participatory democracy – (...) an essential ingredient in the toolkit of green politics and policy-making. In terms of scope, because it does not commit itself to any particular moral framework, Armstrong’s theory leaves the door open for non-human animals to become subjects of justice, thus extending the realm of the latter beyond its traditionally anthropocentric borders. I conclude that these greenings are promising, but not trouble-free. (shrink)

One requirement for the formation of an Institutional Animal Care and Use Committee is that they include a community member who embodies the values of the general population. This study’s aim is to investigate whether community members use moral arguments when deliberating a case of nonhuman animals used in experimentation. To this end, we tested the responses of community members in a situation similar to those confronting members of IACUC. The participants’ evaluation of the protocol was consistent with the mandates (...) of IACUC. We also found that overall no moral argument played a significant role in their evaluation of a protocol. Only arguments based on loyalty to the human species played a moderate role in the evaluation of using animals in experimental research, in a way similar to using some moral arguments regarding the importance of human welfare to justify the use of animals in experimental research. (shrink)

The fact that humans have a special relationship to each other insofar as they belong in the same species is often taken to be a morally relevant difference between humans and other animals, one which justifies a greater moral status for all humans, regardless of their individual capacities. I give some reasons why this kind of relationship is not an appropriate ground for differential treatment of humans and nonhumans. I then argue that even if relationships do matter morally species membership (...) cannot justify a difference in moral status. This has important implications because it removes one barrier to giving animals greater moral status. (shrink)

Sport provides an arena for human flourishing. For some, this pursuit of a meaningful life through sport involves the use of non-human animals, not least of all through sport hunting. This paper will take seriously that sport – including sport hunting – can provide a meaningful arena for human flourishing. Additionally, it will accept for present purposes that animals are of less moral value than humans. This paper will show that, even accepting these premises, much use of animals for sport (...) – including sport hunting – is unacceptable. Nonetheless it will show that there can be acceptable ways of using animals as part of a human’s meaningful life pursuits through sport, albeit in a more limited fashion than many sportspersons currently accept. (shrink)

Explores Levinas’s approach to animal ethics from a range of perspectives. This is the first volume of primary and secondary source material dedicated solely to the animal question in Levinas. Drawing on previously unpublished material, including the recent discovery and digitization of the original French recording of an interview with Levinas that took place in 1986, it seeks to give fresh impetus to the debate surrounding the moral status of animals in Levinas’s work. The book offers ten essays by leading (...) scholars, along with a general introduction that places Levinas’s philosophy in the context of the growing field of animal ethics. The aim of the volume is to encourage dialogue on how we can extend Levinas’s ethics beyond its traditional human confines and to spur further research on the opportunities and challenges it raises. “Face to Face with Animals is an extraordinarily important and timely contribution. Although the question of the animal has weighed heavily upon Levinas scholars for more than two decades, it has not until now formed the subject of a book-length study. This volume rectifies that absence and proves to have been well worth the wait. It is more than scholarly. It is also, in its own way, a rousing call to thinking and acting otherwise in the face of the unsettling gazes of animal others and in the shadow of their useless suffering. Reading Levinas both with and against the grain, Face to Face with Animals makes clearer than ever that injustice is irreducible to inhumanity.” — David L. Clark, coeditor of Intersections: Nineteenth-Century Philosophy and Contemporary Theory “This book contributes the most sustained and multifaceted engagement with Levinas on animals and animality to date. In particular, it makes an important and unique contribution to the interdisciplinary field of animal studies, in which Levinas has long been a figure of great interest in light of the promise his ethics of alterity would seem to hold for developing an ethics that encompasses nonhuman animals.” — Karalyn Kendall-Morwick, Washburn University. (shrink)

Pediatric health care workers often perform, promote, and advocate use of public funds for animal research . We aim to determine whether HCW consider common arguments in support of AR convincing.

This essay explores whether dependent relationships might justify extending direct moral consideration to nonhuman animals. After setting out a formal conception of moral standing as relational, scalar, and unilateral, I consider whether and how an appeal to dependencies might be the basis for an animal’s moral standing. If dependencies generate reasons for extending direct moral consideration, such reasons will admit of significant variations in scope and stringency.

Em analogia com outras discriminações, como o racismo ou o sexismo, o especismo é concebido como uma forma de discriminação moral com base na espécie. Em grande medida, a discussão contemporânea sobre a importância moral dos animais surgiu e desenvolveu-se em torno da crítica e da defesa do especismo. Este artigo oferece uma visão da discussão filosófica contemporânea sobre o especismo. Após uma breve introdução, apresenta-se uma definição de especismo e caracterizam-se vários tipos de especismo, sendo o Antropocentrismo o mais (...) relevante. Depois, expõe-se um argumento proeminente contra o Antropocentrismo: o argumento dos casos marginais. Por fim, algumas posições antropocêntricas são criticamente discutidas. (shrink)

According to the procreation asymmetry, we have strong pro tanto reason to do what prevents someone from coming into a miserable existence—an existence so bad that it would be rational to prefer having never been born—solely because it prevents them from coming into a miserable existence, but we do not have strong pro tanto reason to do what allows someone to come into a happy existence solely because it allows them to come into a happy existence. At best, the fact (...) that an act would create a happy person merely offsets the reasons we have to avoid that act—i.e., an act that would be impermissible because it brings a miserable person into existence could be rendered permissible if it also brought into existence enough happy people. In this paper, I first argue that there is an intuitive asymmetry in the offsetting weight of happy humans and the offsetting weight of happy animals: the offsetting weight of happy animal lives vis-à-vis miserable animal lives appears to be greater than the offsetting weight of happy human lives vis-à-vis miserable human lives. This is the Procreation Asymmetry Asymmetry. I then argue that there is no Procreation Asymmetry Asymmetry. The best explanation of why happy human lives have only weak offsetting weight implies that happy animal lives also have only weak offsetting weight. (shrink)

Mark Rowlands gives a compelling argument that, if John Rawls's contractarianism is consistently applied, and Rawls's premises fully explained, then we have powerful reasons to believe that representatives behind the Veil of Ignorance should be blind to species membership in the same way that they are blind to economic status and natural talent.1I argue that even if we suppose this to be correct, these agents would not choose the two principles of justice, but instead ones that more closely resemble utilitarian (...) principles. (shrink)

BackgroundTo determine whether the public and scientists consider common arguments in support of animal research convincing.MethodsAfter validation, the survey was sent to samples of public, Amazon Mechanical Turk, a Canadian city festival and children’s hospital), medical students, and scientists. We presented questions about common arguments to justify the moral permissibility of AR. Responses were compared using Chi-square with Bonferonni correction.ResultsThere were 1220 public [SSI, n = 586; AMT, n = 439; Festival, n = 195; Hospital n = 107], 194/331 medical (...) student, and 19/319 scientist [too few to report] responses. Most public respondents were <45 years, had some College/University education, and had never done AR. Most public and medical student respondents considered ‘benefits arguments’ sufficient to justify AR; however, most acknowledged that counterarguments suggesting alternative research methods may be available, or that it is unclear why the same ‘benefits arguments’ do not apply to using humans in research, significantly weakened ‘benefits arguments’. Almost all were not convinced of the moral permissibility of AR by ‘characteristics of non-human-animals arguments’, including that non-human-animals are not sentient, or are property. Most were not convinced of the moral permissibility of AR by ‘human exceptionalism’ arguments, including that humans have more advanced mental abilities, are of a special ‘kind’, can enter social contracts, or face a ‘lifeboat situation’. Counterarguments explained much of this, including that not all humans have these more advanced abilities [‘argument from species overlap’], and that the notion of ‘kind’ is arbitrary [e.g., why are we not of the ‘kind’ ‘sentient-animal’ or ‘subject-of-a-life’?]. Medical students were more supportive of AR at the end of the survey.ConclusionsResponses suggest that support for AR may not be based on cogent philosophical rationales, and more open debate is warranted. (shrink)

This paper argues that existing human-animal relations contribute to the pressing socio-ecological crises of our time, and therefore, they should be discussed in the context of Sustainable Development. This holds true even from a purely anthropocentric perspective, as these crises are threats to humans. However, sentient nonhuman animals possess interests as well and should be included in the moral community. Therefore, ignoring their interests in Sustainable Development is falling short. Furthermore, the paper argues that the anthropocentric perspective of Sustainable Development (...) is flawed because the normative foundations of Sustainable Development (intra- and intergenerational justice) can be convincingly applied to nonhuman animals. According to approaches of interspecies justice, the normative foundations of Sustainable Development not merely can but should be applied to nonhuman animals. The paper argues for including nonhuman animals into the scope of justice and, therefore, in a theory of Sustainable Development. What such inclusion means at the practical level is examined in the last section of the paper, which investigates a field of application important for transforming societies into more sustainable ones, namely energy systems. This last section discusses how more sustainable, more animal-friendly energy systems would look like. (shrink)

What do we owe to non-human animals? How should we respond to the many injustices they face? Answering these questions requires philosophical attention to complicated questions about moral reasoning, moral status, and ethical theory. This first part of this chapter provides an overview of what both good and bad moral reasoning look like in the context of discussions about animal ethics. The second part of this chapter provides an overview of competing approaches to moral status, including anthropocentric, rationality, and sentio-centric (...) approaches. The third, and final, part of this chapter provides an overview of competing approaches to ethical theory, including contractualism, rights theory, utilitarianism, and virtue ethics, as they apply to the moral treatment of other animals. And in its entirety, this chapter provides moral guidance to those who aim to protect animals in a world infested with animal injustices. (shrink)

The aim of this work is to contribute to the meta-theoretical and methodological discussions that are taking place in the context of the political turn of animal ethics. More precisely, it seeks to answer Robert Garner’s objection to the idea that Rawlsian constructivism is an interesting framework to develop animal political theory. I sustain, specifically, that his critiques are based on an inadequate understanding of constructivism and its relationship to contractual arguments. By elucidating the true nature of this position, the (...) objection loses all of its strength. (shrink)

¿Qué papel juegan los animales no humanos en la filosofía política de John Rawls? En este artículo identifico tres posibles respuestas. Según la respuesta integracionista, los animales pueden ser incluidos en su teoría de la justicia, como genuinos receptores de deberes de justicia. De acuerdo con la respuesta compatibilista, por otra parte, los animales no pueden ser incluidos en la teoría de la justicia de Rawls, pero sí encajan en su teoría política más amplia. Por último, según la respuesta del (...) conflicto, existe una tensión entre el reconocimiento del estatus moral de los animales y algunos elementos esenciales del pensamiento político de Rawls. El objetivo principal de este artículo es defender esta última respuesta. Para ello, argumento en primer lugar que los principales intentos de integrar a los animales en la teoría de la justicia rawlsiana no logran alcanzar su objetivo, pues acaban contradiciendo elementos esenciales de dicha teoría. En segundo lugar, defiendo también que la estrategia compatibilista es insatisfactoria, pues se muestra incapaz de incorporar ciertas asunciones centrales de la ética animal. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)