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    A complete theory of the normativity of law must encompas... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    A complete theory of the normativity of law must encompass moral issues about political obligation.

    Justice & PunishmentSocial Contract
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.The question of whether there is a general obligation to obey the law is a moral question.
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    • 2.Whether such an obligation depends on features of the legal system is an open moral question.
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    • 3.These questions cannot be answered by the rules of recognition alone.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Legal normativity is fully explained by the internal point of view: officials and citizens accepting rules as binding standards for conduct.
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    • 2.Hart's separation thesis demonstrates that a complete descriptive jurisprudence can account for legal obligation without importing moral criteria.
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    • 3.Political obligation belongs to moral and political philosophy, not to a theory of what law is or why it normatively binds within its own system.
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    Reason against 2 of 2
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    • 1.Raz's service conception shows law's authority is justified instrumentally by its helping subjects conform to reasons already applying to them.
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    • 2.On this pre-emptive reasons account, law's normativity derives from its epistemic service function, not from a foundational moral obligation to obey.
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    • 3.A theory grounding legal normativity in service to pre-existing reasons is complete without resolving the general Socratic question of political obligation.
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    Topics

    Justice & PunishmentSocial Contract

    Connections

    2 topics

    Moral Responsibility2 linkedTruth & Knowledge1 linked

    Related

    A theory grounding legal normativity in service to pre-existing reasons is compl...Hart's separation thesis demonstrates that a complete descriptive jurisprudence ...Legal normativity is fully explained by the internal point of view: officials an...On this pre-emptive reasons account, law's normativity derives from its epistemi...
    +5 moreShow less
    Political obligation belongs to moral and political philosophy, not to a theory ...Raz's service conception shows law's authority is justified instrumentally by it...The question of whether there is a general obligation to obey the law is a moral...

    Similar

    Natural law theory similarly treats moral standards as grounding legal...82%A concretized legal rule is morally normative because the moral princi...80%Accepting the normative validity of law is not rationally compelled78%Endorsing a moral override on the obligation to apply posited law unde...78%

    Source

    AI-extracted1/3 agreementValid
    SEP: lawphil-nature
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    From a moral point of view, the rules of recognition, by themselves, cannot be regarded as sources of obligation to follow the law. Whether judges, or anybody else, should or should not respect the rules of recognition of a legal system, is ultimately a moral issue, that can only be resolved by moral arguments (concerning the age old issue of political obligation). And this is more generally so: the existence of a social practice, in itself, does not provide anyone with an obligation to engage i
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    These questions cannot be answered by the rules of recognition alone.
    Whether such an obligation depends on features of the legal system is an open mo...
    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit