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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.
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Reasons For
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Reason for
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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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Reasons Against
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Reason against
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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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