Abstract
Recent responses to the global economic crash of 2008, such as Occupy Wall Street and other political encampments, have raised important questions about the constitution of the “we” and the relationship between democracy and change in the context of contemporary capitalism. To address these important new political developments, this article argues for “participatory contract building” as a new direction in critical contract theory and participatory democracy. In order to unpack this approach, it analyzes the recent “crowd-sourced” constitution-drafting process in Iceland. It is suggested that this example may provide a platform for a multi-tiered practice of participatory contract building, one that engages the many places in which we find ourselves subject to contractual relations in ways that offer people more opportunities to make meaningful decisions about the power relations that shape our lives.
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