The 'new contractualism', social protection and the Yeatman thesis

An important characteristic of public policy formulation over the 1980s and 1990s, particularly in the English-speaking countries, has been the increasing use of contractual principles as regulatory tools. The 'new contractualism' represents the recent re-emergence and adaptation of the social contract of the 17th and 18th centuries and the classical legal contract that emerged in the 19th century. The work of Anna Yeatman provides the most cogent and influential, non-neo-liberal scholarly appraisal of the new contractualism. Yeatman argues that the current contractualist agenda is consistent with equality of opportunity, occasioning a redefinition of citizenship so as to improve on the discourse of social protection. This paper argues that any attempt to remove social protection – flawed though it is – from discussions of the new contractualism is artificial. The social justice implications of such a position are perilous, for policy formulation has not yet entered a phase in which social protection can be superseded in a way which does not violate the rights of the socio-economically disadvantaged.