“LEGISLATING” FOR AUTONOMOUS, RATIONAL BEINGS

DISCOURSE THEORY

• Human is Rational and Autonomous

• And such need to legislate for themselves their rules or behaviour

• FREE BEINGS

They basically willed themselves to do Good because they are usually following a MAXIM

People have a need to realize their full potential as free beings. But they are not just free beings who
seek to realize their FULLEST POTENTIAL (GOOD)

In order to guide themselves in realizing the good, human being need NORMS of BEHAVIOR

They need a Guide to understand what they ought to do and how to make Norms that guide them in
new and specific activities.

IF…

Rather, these are Norms of Behaviour that people expect human beings to follow if they are RATIONAL,
FREE AND RESPNSIBLE.

“HUMAN BEING ACT IN A COMMUNITY”

How then do people proceed to articulate norms of human behaviour?

1. Must understand that these need a process of Justification through which they can explain to
one another the basic for their Norms.

Process of explaining to each other why they believe what they do

2. They need to accept that this is a process of consensus building.

Or what we call process of Opinion and Will formation.

"
“(U) All affected can accept the consequences and the side effect its general observance can be
anticipated to have for the satisfaction of everyone’s interests (and these consequences are preferred to
those of known alternative possibilities for regulation)”

“(D) Only those norms can claim to be valid that meet (or could meet) with the approval of all affected in
their capacity as participants in a practical discourse.” Instead of the categorical imperative.