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Inverse View
It is not the case that The legislator must persuade new citizens by non-rational means.
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Reasons For
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Reason for 1 of 2
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1.
Habermas argues that legitimate political authority requires communicative rationality, not manipulation, even at the founding moment.
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2.
If citizens can be moved by non-rational means at founding, this establishes a precedent that undermines rational consent as the basis of legitimacy.
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Reason for 2 of 2
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1.
Kant's account of publicity holds that any maxim of governance that cannot withstand open rational scrutiny is itself unjust.
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2.
Rousseau's legislator conceals the human origins of law behind divine authority, which fails Kant's publicity test and corrupts the social contract from its inception.
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Reasons Against
1 perspective
Reason against
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1.
New citizens at first lack the capacity to discern the good reasons that support the new laws.
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2.
The legislator must still move them to legislate in their own best interests.
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