This idea is pretty close to John Rawl's reflective equilibrium. The idea that a law derives its legality and force from what a group of rational beings would consent to is a powerful and great idea. Supposedly our current system does work this way, or at least isn't opposed to it, but a great deal hinges upon what we consider "rational" to mean.
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This idea is pretty close to John Rawl's reflective equilibrium. The idea that a law derives its legality and force from what a group of rational beings would consent to is a powerful and great idea. Supposedly our current system does work this way, or at least isn't opposed to it, but a great deal hinges upon what we consider "rational" to mean.