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get_it_together1 t1_j77i9k5 wrote

Yes, but that ignores that our legal system wasn’t simply rationally designed but instead evolved over many centuries. The US inherited English common law which traces back past the Magna Carta. Other societies develop other legal systems and sets of rights.

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contractualist OP t1_j77j444 wrote

It doesn't. I discuss this in the piece as well: "[our laws] weren’t created from scratch out of someone’s rational intuition. Rather, they evolved as legal scholars and authorities developed and discussed broad legal principles and applied them to ever-changing circumstances."

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