Scanlon's logic behind his theory is circular it presupposes ability to define wrong in a system created to define wrong. Software is a good I don't see the difference between it and any other labor intensive good or service as you may be more inclined to call it. However regardless applying the logic even if it was functional still does not fix anything because adherence to what is agreed upon as reprehensible by principle cannot be enforced due to the nature of the theory and the nature of humans as a whole. forgive me if I missed something but it seems that you want to have your cake and eat it too.
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Scanlon's logic behind his theory is circular it presupposes ability to define wrong in a system created to define wrong. Software is a good I don't see the difference between it and any other labor intensive good or service as you may be more inclined to call it. However regardless applying the logic even if it was functional still does not fix anything because adherence to what is agreed upon as reprehensible by principle cannot be enforced due to the nature of the theory and the nature of humans as a whole. forgive me if I missed something but it seems that you want to have your cake and eat it too.