Beyond the social contract: Toward global justice

Abstract

Social contract theories encounter structural limitations when addressing justice for individuals with disabilities, global inequalities, and nonhuman animals. The traditional reliance on mutual advantage among rough equals and an idealized Kantian conception of rational personhood restricts the scope of justice to “fully cooperating” members of society, thereby marginalizing those with cognitive impairments and non-human sentient beings. The capabilities approach serves as a viable alternative by redefining the person as a social and needy animal whose dignity is not contingent upon rational productivity or economic contribution. Under this framework, social cooperation is an end in itself, rooted in human fellowship rather than a bargain for mutual gain. Achieving global justice necessitates transitioning from a two-stage contract between sovereign states to a decentralized global structure focused on securing a minimum threshold of central capabilities for every human being. This paradigm also extends to the animal kingdom, where justice involves recognizing diverse forms of flourishing and protecting species-specific capabilities against blighting or interference. By prioritizing outcomes—the actual ability of creatures to perform valuable functions—this approach provides a moral basis for entitlements that traditional contractarian and utilitarian models fail to accommodate. – AI-generated abstract.