Democratic Justice and the Boundaries Problem
Chiara Cordelli
University of Exeter
This article examines the way in which Albert Weale’s procedural account of democratic justice understands: (1) the
boundaries of the democratic social contract, in terms of who is included or excluded from the contract; and (2)
the boundaries of justice (i.e. the scope of entitlements and obligations of justice) that result from the contract. Either
Weale’s empirical method justifies the problematic exclusion of certain groups of agents from the democratic
contract and thus potentially from the scope of justice, or his method is not as empirical asWeale wants it to be,
because in order to evaluate those exclusions as unjust and to prevent them, the theory needs to postulate thick
moral standards that are independent from, and external to, democratic procedures. Furthermore, the boundaries of
justice resulting from Weale’s empirical-contractarian theory are likely to lead to the absence of justice where it
would be most needed, especially at the international level.These concerns notwithstanding,Weale’s book remains
a highly significant contribution to both democratic theory and theories of justice, as well as to our understanding
of the relationship between them.
Keywords: democratic justice; social contract; exclusion; equality
Albert Weale’s Democratic Justice and the Social Contract represents an ambitious and insight-
ful contribution to theories of justice and democratic theory. In particular, it provides a
highly original way of framing and understanding the relationship between them. By
posing a democratic contract for mutual advantage among self-interested political equals
as the source of principles of justice,Weale pushes us to reflect on whether social justice
is at all possible without democracy. He also creates an interesting line of continuity
between three different and potentially conflicting commitments. First, there is the
commitment to procedural social justice – to find justifiable principles of political association
for societies that should be understood as though they were social contracts (Weale, 2013,
p. 19; future page references are to this volume). Second, there is the commitment to
democratic equality – the parties in the social contract are equals insofar as they de facto enjoy
rough equality of power (p. 23).And finally, there is the contractarian commitment to
prudential rationality, which provides agents with reasons to form a contract for mutual
advantage in the first place (pp. 12–13). Whether these three commitments can stand
together in harmony is, I believe, the central challenge the book faces.
Weale’s social contract theory is original also for its method. It adopts an empirical
method of contractual reasoning as opposed to a hypothetical one (pp. 33–40). When
building the procedure and modelling the contract,Weale does not construct a hypo-
thetical situation according to some moralised and idealised understanding of how the
parties ought to relate to each other as free and equal, along the lines of Rawls’s Original
Position (Rawls, 1971). He rather models the conditions of the social contract on the basis
of existing, well-functioning systems of cooperation in which conditions of equal power
are, de facto, roughly realised (p. 14). Further,Weale rejects the moralised constructivist
assumption that parties ought to be motivated by a desire to justify their claims to others
POLITICAL STUDIES REVIEW: 2015 VOL 13, 196–206
doi: 10.1111/1478-9302.12085
© 2015 The Author. Political Studies Review © 2015 Political Studies Association