A Socially Constructive Social Contract: The Need for Coalitions in Corrective Justice

Abstract

In my dissertation, I argue that the enterprise of corrective justice requires answering questions about what is unjust and how we ought to set and pursue corrective justice goals. To answer these questions in a way that will allow us to correct for the persistent and entrenched injustices which result from processes of stratification in our society, I’ll put forward a two-tiered social contract theory, which will allow us to approach these questions in a way that will capture the agreement we can have and allow us to structure the persistent disagreement that we cannot and ought not avoid.

In the first tier—the cooperative position—the parties know only that they’re in what I’m calling the ten circumstances of cooperation—the circumstances in which modern cooperation takes place. These circumstances includes the social complexity and opacity inherent in complex cooperative arrangements which have epistemic effects on our social cognition in ways that make our view of our social arrangements at best partial, and work to obscure important features of our social reality, especially those affecting those at the bottom of our stratified social relations. This tier generates four cooperative ideals—proficient rationality, democratic equality, social understanding, and dignity—that function as a theory of justice which can gain an overlapping consensus in society but still allow for meaningful disagreement to take place.

In the second tier—the corrective position—the parties have access to the circumstances of cooperation, four cooperative ideals, and a general and specific domination contract. These domination contracts model how stratified social relations operate to constrain people within social systems, including the ways that people think about those systems. I argue that the parties would affirm a principle of corrective justice as involving coalitions of differently-situated actors working together over time to dismantle unjust mechanisms, and five desiderata for applying that principle to circumstances as we confront them. They would do so because that is the only way to overcome the practical and epistemic barriers put in place by the domination contracts.