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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    A mediating role need not be self-validating to be effect... — Carmelics
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    Challenges→For something to claim legitimate authority, its directives must be identifiable as authoritative without relying on the very reasons those directives are meant to replace.

    A mediating role need not be self-validating to be effective; judges apply law legitimately even when legal validity requires substantive moral reasoning.

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    1 reason for
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    Reasons For

    1 perspective
    Reason for
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    • 1.Legal systems frequently face genuine indeterminacy where multiple interpretations fit existing rules, requiring reasoned judgment beyond mechanical application.
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    • 2.Judicial legitimacy derives from institutional competence and democratic accountability, not from whether reasoning is purely self-validating or independent.
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    • 3.Denying moral reasoning in law forces judges to either mask such reasoning covertly or abdicate responsibility for rights-protective decisions.
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    Reasons Against

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    Reason against
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    • 1.If judicial legitimacy permits substantive moral reasoning, the distinction between judging and legislating collapses, undermining separation of powers.
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    • 2.Effectiveness at mediating disputes does not establish democratic legitimacy; imposing judges' moral views lacks the accountability elections provide.
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    • 3.Anchoring law to external morality rather than posited rules makes legal outcomes unpredictable and vulnerable to majoritarian moral preferences.
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    Social Contract1 linkedRights & Liberty1 linked

    Related

    Anchoring law to external morality rather than posited rules makes legal outcome...Denying moral reasoning in law forces judges to either mask such reasoning cover...Effectiveness at mediating disputes does not establish democratic legitimacy; im...For something to claim legitimate authority, its directives must be identifiable...
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    If judicial legitimacy permits substantive moral reasoning, the distinction betw...Judicial legitimacy derives from institutional competence and democratic account...Legal systems frequently face genuine indeterminacy where multiple interpretatio...

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    claim
    Perspectives
    2 (1 for, 1 against)
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