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 Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria.
Forty acres and a mule’ for women: Rawls and feminism
Abstract: This article assesses the development of Rawls’s thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of ‘Forty acres and a mule’ was to the newly freed slaves.
Contracts and Choices: Does Rawls Have a Social Contract Theory?
Introduction: In A Theory of Justice John Rawls tells us he is presenting a social contract theory: “My aim,” he writes, “is to present a conception of justice which generalizes and carries to a higher level of abstraction the familiar theory of the social contract as found in say, Locke, Rousseau, and Kant”. And indeed his many and various critics have generally assumed he has a contractarian position and have criticized him on that basis. However, it will be my contention in this paper that a contractual agreement on the two principles not only does not but ought not to occur in the original position, and that, although Rawls uses contract language in his book, there is another procedure outlined in Part One of A Theory of Justice through which the two principles are selected.