April 2012 Vol. 110 No. 6 THE REVIEW

Renegotiating the Social Contract

Jennifer S. Hendricks

Despite an economic recession and record levels of personal bankruptcy filings due to healthcare costs, President Obama's healthcare reform initiative sparked a season of protests. A "public option" — not to mention a single-payer system — was off the table even before the discussion began. As the question of the reform package's constitutionality wound its way to the Supreme Court, it became clear that a substantial number of American people do not want their government helping them stay alive.

In this climate, it is difficult to imagine an America in which the state is an accepted partner in meeting the challenges and responsibilities of family life. We seem to be reflexively opposed to the European-style social welfare state, "European-style" being understood as a term of denigration. Democrats are confounded by the public's widespread adherence to an ideology of liberty that conflicts with self-interest.

In The Supportive State: Families, Government, and America's Political Ideals, Maxine Eichner argues that part of this contradiction stems from flaws in our political theory. Modern political liberalism is premised on individual liberty as its highest value and nonintervention as the presumptive posture of the state. This theory fails to account for individual vulnerability or collective interdependence (pp. 21-22). As a result, proponents of social welfare programs lack a persuasive theory of the state on which to rest their arguments. Because liberal theory hides vulnerability and dependence inside the private "black box" of the family, public support for that vulnerability remains exceptional and stigmatized.

   //  VIEW PDF
& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
MAILING LIST
Sign Up to Join Our Mailing List