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

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

    Reasons For

    1 perspective
    Reason for
    ?
    • 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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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