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It is not the case that Contractarian procedure can itself constitute moral norms rather than presuppose them, as Scanlon's contractualism demonstrates.
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Reasons For
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Reason for
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1.
Contractarian procedures must assume non-contractual premises (rationality, impartiality) that are themselves moral norms requiring independent justification.
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2.
Why should hypothetical agreement from idealized contractors constitute actual moral obligations for real agents who never consented to the procedure?
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3.
Proceduralism cannot explain why some outcomes feel morally wrong even if rationally agreed upon, suggesting procedure presupposes substantive moral constraints.
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Reasons Against
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Reason against
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1.
Moral norms grounded in hypothetical rational agreement avoid arbitrary metaphysical foundations that lack universal justification.
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2.
Contractual procedures generate normativity through their structural requirement that principles be mutually justifiable to all affected parties.
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3.
Scanlon's framework explains how impartial reasoning processes can create binding moral obligations without presupposing prior moral facts.
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