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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that A concretized legal rule is morally normative because the moral principle that the common good requires authoritative institutions to specify, apply, and enforce rules on relevant matters presumptively and defeasibly entails such normativity.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    2 perspectives
    Reason for 1 of 2
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    • 1.Legal normativity derives from social facts about recognition and acceptance, not from moral principles, per Hart's rule of recognition.
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    • 2.A rule can be legally valid and generate genuine obligations without tracking the common good or any moral principle.
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    • 3.Conflating legal validity with moral normativity collapses the analytical distinction positivism requires for jurisprudential clarity.
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    Reason for 2 of 2
    ?
    • 1.Raz's service conception holds that authority is legitimate only when subjects better conform to pre-existing reasons by following it, not merely because it specifies moral principles.
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    • 2.A concretized legal rule issued by a corrupt or epistemically deficient institution fails the normal justification thesis, defeating presumptive normativity.
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    • 3.The claim's 'presumptive and defeasible' qualification smuggles in precisely the institutional competence conditions it needs but cannot derive from the common good alone.
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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.The common good requires that authoritative institutions take action to specify, apply, and enforce rules on relevant matters.
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    • 2.The foundational principles of practical reason define the fundamental content of the common good.
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    • 3.A concretized rule takes its place within a scheme of practical reasoning grounded in those foundational principles.
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