Criticism And Modification Of The Exclusion Of People With Disabilities In Rawls' Social Contract Theory

Disability is part of the human condition,not only that there are a large number of disabled people,but also that everyone may have temporary or permanent damage at different stages of life.People are often treated unjustly because of their disability.Because of morally uncorrelated characteristics,persons with disabilities may,on the one hand,be considered as morally,socially or politically inferior,on the other hand,have significant differences with others in terms of income,wealth,health and other benefits.The elimination of these injustices requires relevant justice theories.As an important theoretical tradition to deduce the principle of justice,the basic structure of self-interest contract theory focuses on the goal of mutually beneficial social cooperation,so it can not accommodate the disabled.Non-self-interest contract theory,especially Rawls' social contract theory,is the most mature development of contemporary contract theory.Although the use of ignorance in the design of the original state excludes the influence of moral contingency factors on life prospects,it reflects that everyone has an inviolability based on justice,but because of Rawls contract theory's loyalty to the tradition of social contract theory," who chooses the principle of social justice?" And "who chooses the basic principles of society?" These two different issues in principle are mixed,and there is still the exclusion of persons with disabilities and the failure to incorporate them into the subject of justiceThe core of Rawls' contract theory's exclusion of the disabled stems from the dual concept of general equality and social cooperation interests in a just environment.In the setting of the original state behind the curtain of ignorance,Rawls limited the contractual subject involved in choosing the principle of justice that constrains the basic structure of society to free,equal and independent citizens,and because of the physical and mental defects of the disabled,It is likely that they do not have roughly equal physical and rational abilities,or even strong dependent subjects.Under the framework of Rawls contract theory,it is impossible to solve the exclusion of the imperfect in the contract selection subject by adopting a more moral view of social cooperation interests or by using the concept of insurance against accidents.Kant's personal view intensifies the exclusion of the mentally unsound.This makes the disabled do not meet the conditions that can participate in the contract,but are excluded from the scope of the contract.For the exclusion of disabled persons from Rawls' contract theory,the ability path and caring ethics theory think that this is brought by the structure of contract theory,which can not be modified within contract theory.The path of competence is a theory of fundamental rights,not a theory of completeness and justice of basic social structures,based on the Aristotelian view of dignity,which regards reason and animal nature as completely unified.The asymmetric relationship still contains reciprocal and real human activities,which guarantee the basic needs of justice by giving the disabled a list-oriented ability.The Rawlsians responded to the question.One of the most direct responses of the standard Rawlsians is to accept Rawls' view of the two principles of justice,but individual claims of justice can be realized in another way.Another kind of Rawlsians think that the modification of the hypothesis of full cooperation is to expand Rawls'normal and full cooperation adults,at the same time to change the understanding of reciprocity,to extend the contribution from economic contribution to family,relationship and so on,so that even the most controversial mental disabled people with insufficient rational ability can contribute in various relationships and become the subject of the contract.The non-Ralwsian contractists have also revised the exclusion of the Rolls contract theory.Scareen's contractism extends the moral subject of justice to the disabled,and puts forward our suggestion that all parties in the original state should be regarded as the clients of all dependent members of society.Otherwise,we need to solve this problem by the theory outside the tradition of contract theory;The trust contract questions the lack of representativeness in the entrustment model,puts forward the contract based on trust,emphasizes that the disabled can become substantive contributors based on the value of trust,so that they can participate in the process of social contract.This paper examines and demonstrates the possible response path of Rawls'contract theory to exclude the disabled,each of which faces some challenges while enlightening us.How to make the needs of the disabled as a just subject can be represented in the theory of social contract,and at the same time,we can not deny the difficulties that the physical and psychological special of the disabled may bring to the establishment of the contract.It is two intuition that various theories face to make the principle of disability accommodation.How to achieve the balance of reflection and put forward better principles to accommodate the disabled need further study.However,it is possible to propose some criteria for assessing the justice of persons with disabilities Justice for persons with disabilities can be done in three ways:first,persons with disabilities have a demand for justice;and second,justice advocated by members with disabilities can be justified in a reasonable manner.The content of these claims can be reasonably explained.