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(Dee Speaking) | ||||||
- If you want to justify a speech code, you ask whether people in the original position would want others to have the right to verbally abuse them; and, of course, everyone would answer "No."
- If you want to criticize a speech code, you ask whether people in the original position would want others (or the government or the university) to be able to restrict what they can say; and, again, everyone would answer "No".
I'm not sure what to make of this sort of argument; and I don't use it. I do think that there may be some value in thinking about a contractual basis for legitimate government. But I reject the Rawlsean form of contract. I think a contract theory might be used to justify a very limited government. The Rawlsean form can be used too easily to justify a very intrusive government, something like the modern welfare state.
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