Nussbaum argues that contractarianism's mutual advantage premise presupposes rough equality of capacity among contractors, excluding those with severe cognitive disabilities from the original agreement.

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Contractarianism(the theory being criticized): A theory that says society and government are basically like a deal or contract that people agree to—think of it like: we follow the rules, and in return we get safety and cooperation.
Mutual advantage premise(the core assumption Nussbaum identifies as problematic): The assumption that everyone entering an agreement does so because they expect to benefit from it, and that all parties will gain something from the deal.
Nussbaum: # Nussbaum Martha Nussbaum is an influential American philosopher who focuses on human well-being, justice, and what makes a good life. She's best known for developing the "capabilities approach," which argues that societies should measure progress not just by wealth or resources, but by whether people have the genuine opportunity to achieve things that matter—like education, health, meaningful relationships, and the ability to participate in their communities. Her work bridges philosophy and real-world policy, helping shape how countries think about poverty, development, and human rights.
Original agreement

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