I'm confused as to why I don't quite understand your objection to this. Because it's true that that's how Rawls determines what are the rational principles to adopt. He might have like eased up on some of the like Kantian aspects of you know that relies on this being actually rational rather than just what we all agreed to. But he doesn't come about when he's writing this paper and in any case this is a good critique of that Rawls the rationalist Rawls.
Here’s an episode with something for both of us – a healthy serving of Kantian rationalism for David with a dollop of Marxist criminology for Tamler. We discuss and then argue about Jeffrie Murphy’s 1971 paper “Marxism and Retribution.” For Murphy, utilitarianism is non-starter as a theory of punishment because it can’t justify the right of the state to inflict suffering on criminals. Retributivism respects the autonomy of individuals so it can justify punishment in principle – but not in practice, at least not in a capitalist system. So it ends up offering a transcendental sanction of the status quo. We debate the merits of Murphy’s attack on Rawls and social contract theory under capitalism, along with the Marxist analysis of the roots of criminal behavior.
Plus – the headline says it all: Blame The Brain, Not Bolsonaro, For Brazil’s Riots.
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