This chapter develops a method for assessing proposed schemes of rights. It argues that the way to get from some value or interest to rights to securing it should be viewed in terms of a process of social dialogue rather than social contract. Discursive argument must observe certain norms of discussion; the norms proposed by leading advocates of a discursive model of legitimation are not neutral norms of rational discussion. The liberal conception of the person which underlines what is called Ideal Discourse, Ideal Convention, or Constrained Conversation may be held in a non-perfectionist way by a political conception of this as a basis of voluntary political agreement in pluralist democracies.
Keywords: scheme of rights; discourse; conversation
Chapter. 8542 words.
Subjects: Political Theory
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