Although the discourse theory shares this kind of hypothetical and counterfactual moral reasoning procedure with Kant and Rawls, it would be different from a Kantian deduction of the concept of right and from a Rawlsian construction of the “original position.” in that it would privilege a discourse model of practical debate as being the appropriate forum for determining rights claims. But are we not thereby landing in a vicious circle, that is, discourses, even to get started, presuppose the recognition of one another’s moral rights among discourse participants; on the other hand, such rights are said to be specified as a result of the discursive situation