Accidents of Birth: Rawls’s Original Position as the Mother’s Womb

Abstract

This paper examines the history of welfare policy discourse in the United States since the publication of the “Moynihan Report” (1967) and traces its implications for contemporary education policy research. The central thesis is that an overemphasis on “parents” historically invites unwarranted assumptions about autonomy and responsibility, which obfuscates fundamental questions of justice. Children are consequently punished for their parents’ perceived indiscretions. To militate against this tendency the author employs recent feminist critiques of Rawls’s methodology in A Theory of Justice (1999) to reconceptualize the “Original Position” as a mother’s womb in an effort to redirect focus from parents to children. Through this revision, policy discourse can potentially be shifted to more nearly mirror the reasoning applied in Plyler v Doe (1982), which emphasizes finally that children cannot be punished for their parents’ indiscretions.