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A Theory Of (In)Justice: The Failure Of Tort Law To Secure Equal Respect For Women And A Feminist Contractarian Framework For Reform, Eva Augst

CMC Senior Theses

Traditional approaches to philosophical theories of tort law have systematically undermined the individual worth and security interests of women. However, torts also provide a particularly powerful avenue for reform, in that they embody the public power of private law and offer individuals the opportunity to seek recourse and accountability for wrongs. In this paper, I offer a framework for such reformist approaches to tort philosophy, predominantly inspired by Jean Hampton’s “Feminist Contractarianism,” which requires that women be recognized as individuals with intrinsic worth who are deserving of respect. To accomplish this, I first note the particular relevance of social contract …