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Frankly, I have never found Rawls' argument based on the Original
Position to be very plausible.
There is nothing in Rawls to prevent the parties in the Original Position from
making the following sort of argument.
-
It would be really nice to have X (excellent medical
care, for example).
-
I (none of us) in the Original Position knows whether
we will be likely to have X
in real life.
-
It would be prudent to establish a basic
right to X for everyone. That way we are sure
to have it.
-
Therefore, let us agree that everyone has a basic
right to X.
Ta Da......... one basic right down,
how many more to go? Just tell
me what
you want.
Is this a reduction to absurdity of the
Rawlsean argument? I'm not sure. But it does tell me that John's
second question is important. Why should we take seriously what any group would decide in the Original Position?
If nothing else, I think it helps explain why Rawls' basic
argument has spread beyond the confines of philosophy departments.
Anyone in any field can plug in whatever X he or she wants and
quickly establish it as a basic
right.
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