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The Criticism of Social Contract Theories

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The Criticism of Social Contract Theories
Tatum Schneidmiller
Justice Theory
Assignment #1
Ward Churchill's criticism of social contract theory clearly applies to classic social contract theories that we discussed. However, Rawls adds the veil of ignorance concept to his more modern social contract theory. A) Explain the basics of Rawls and Churchill's arguments and how they each criticize classic social contract theories. B) Discuss whether or not Churchill's argument applies to Rawls' modification and explain how and why it does and/or does not apply to Rawls' theory. C) What remedies might you deduce from Rawls' theory that would address the injustices toward American Indians?
John Rawls, of the most important political philosopher, is primarily known for his theory of justice as fairness. This theory was established in order to build and maintain govern a modern social order. Rawls' theory is the building blocks of a society where the people have equal opportunities for personal or political aspirations. His theory also would help the less advantaged people benefit more. The theory of Justice is considered to be a fair system of cooperation over time, from one generation to the next.
In addition to social contract theory, Rawls presents the idea of the original position, “the veil of ignorance” to the social contract theory. He believes that, “the reason why the original position must abstract from and not be affected by the contingencies of the social world is that the conditions for a fair agreement on the principles of political justice between fee and equal persons must eliminate the bargaining advantages which inevitably arise within background institutions of any society as the result of cumulative social, historical, and natural tendencies” (p.57).
Under social contract theory, in order to receive property and peace, you had to give up a portion of your liberties (Hobbes, 2014). What social contract theory lacks is that people don’t have control over where they are born or what



References: Churchill, W. (1998). Perversions of justice: A Native-American examination of the doctrine of U.S. rights to occupancy in North America. In J. P. Sterba (Ed.), Social and political philosophy: Classical Western texts in feminist and multicultural perspectives (2nd ed.) (pp. 259-275). Belmont, CA: Wadsworth Publishing Company. Hobbes, T. (1972). The Case against anarchy. In J. Rachels & F. Tillman (Eds.) Philosophical Issues (pp. 154-162). New York: Harper & Row, 1972. Jurik, N. (2014). Mordern Social Contract Theory Unit 2- Power Point #4 [Slides] Rawls, J. (2014). Justice as fairness. Political not metaphysical. In N. Jurik (Ed.) Alternative Reading For JUS 303 Vol 2. Tempe: The Alternative Copy Shop. [Jurik Bk 2]. Sandels, M. (2009). Justice: What 's the right thing to do. Harvard University. Retrieved from YouTube.

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