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Ann, I think you are being too quick to throw out contractarian arguments.

There have always been problems justifying the principle of utility. After all, why should rational parties act so as to maximize the good of others? It might be that contractarian theory can offer an answer. Or at least it may offer a justification for some version or versions of the principle of utility.

Suppose we modify the principle and say that people are obligated to act according to those rules that maximize average individual utility. Is it possible that a group of rational parties in a plausible original position (not yet defined) would agree to that principle? It may be.

My point is that it may be possible for utilitarianism and contract theory to work together. Contract theory may provide a basis for some forms of utilitarianism.

Think about it.