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    A court's de facto power to sentence does not establish d... — Carmelics
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    Challenges→A person may be governed by an institution even without endorsing or consenting to it

    A court's de facto power to sentence does not establish de jure authority, as Locke distinguishes force from rightful governance in the Second Treatise.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Locke grounds legitimate authority in consent and natural rights, not mere capability to enforce, making power distinct from rightful rule.
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    • 2.A court that sentences without constitutional authorization or due process exercises force, not law, regardless of enforcement capacity.
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    • 3.Conflating de facto power with de jure authority dissolves constraints on government, enabling tyranny by any entity with superior force.
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    Reasons Against

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    Reason against
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    • 1.Courts embedded in established legal systems have legitimate authority through constitutional delegation, not merely factual power to punish.
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    • 2.De jure authority requires institutional recognition, procedure, and precedent—which courts possess—not just philosophical consent in isolation.
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    • 3.Locke's theory requires some mechanism linking consent to actual governance; institutions with legal standing fulfill this better than abstract principles.
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    Related

    A court that sentences without constitutional authorization or due process exerc...A person may be governed by an institution even without endorsing or consenting ...Conflating de facto power with de jure authority dissolves constraints on govern...Courts embedded in established legal systems have legitimate authority through c...
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    De jure authority requires institutional recognition, procedure, and precedent—w...Locke grounds legitimate authority in consent and natural rights, not mere capab...Locke's theory requires some mechanism linking consent to actual governance; ins...

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    2 (1 for, 1 against)
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