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How are we supposed to determine what these widely shared assumptions about justice are? Are they the attitudes of the majority? Do we really want to trust to that? Not only does the view of the majority change over time, but at times it has been downright appalling. What was the view of the majority of Americans on the rights of blacks in 1830? If we were to be guided by their attitudes, race would hardly be considered irrelevant to questions about justice.

Don't we need a standard that is less variable than human majorities?