Diversity, toleration and recent social contract theory

Ryan Muldoon has recently advanced an interesting and original bargaining model of the social contract as an alternative to Rawlsian social contract theory and political liberalism. This model is said to provide a more plausible account of social stability and the acceptance of diversity, at least as compared to those approaches that emphasize the traditional liberal idea of toleration. I challenge this claim by pursuing three criticisms of Muldoon’s new social contract theory. First, the principle of distribution that he proposes is likely to be rejected by some (or even many) members of the public, due to its indeterminacy or highly inegalitarian implications. Second, Muldoon tends to reduce the benefits of cooperation to gains from trade, ignoring other cooperative benefits that complicate his call for small-scale social experimentation. Finally, while motivating the acceptance of diversity is a commendable goal, distinguishing more defensible conceptions of toleration from less defensible conceptions requires attending to those elements of political liberalism that Muldoon seems to abandon, namely, standards of public reason and public justification