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I think it's interesting that you
mention "relevant factors." When we looked at the work of
Perelman we were left with the problem of determining just what the relevant
factors were. Perelman gave us a formal rule of justice -- to
treat equal cases equally -- but no way of determining which cases were
equal. Not a small problem!
Rawls doesn't have a scientific or logical
'proof' that some factors are relevant and some are not. Instead, he appeals to a
shared American tradition to make that determination.
So, in a way, history provides the answer for a given culture. In
other words, our widely shared beliefs, which have developed over
time, provide the answer. They tell us what is relevant and Rawls
tries to embody them in his Original
Position.
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