Skip to main content
Article
A Pluralist Critique of Contractarian Proceduralism
Ratio Juris (1998)
  • Michel Rosenfeld, Benjamin N. Cardozo School of Law
Abstract
In pluralistic societies with conflicting conceptions of the good, purely procedural justice looms as particularly attractive. Moreover, the social contract device, in at least some of its conceptual adaptations, appears capable of yielding purely procedural outcomes. Based on an assessment of the respective contractarian arguments of Hobbes and Rawls, the author asserts that contractarian proceduralism is either purely procedural but not just, or else just but only derivatively procedural. Finally, after proposing that Habermas' discourse ethics and proceduralist paradigm of law can be regarded as the perfection and culmination of contractarianism, the author concludes that it also ultimately fails to produce purely procedural justice.
Disciplines
Publication Date
December, 1998
Citation Information
Michel Rosenfeld. "A Pluralist Critique of Contractarian Proceduralism" Ratio Juris Vol. 11 Iss. 4 (1998) p. 291
Available at: http://works.bepress.com/michel-rosenfeld/54/