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    Carmelics

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

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

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

    Reasons For

    1 perspective
    Reason for
    ?
    • 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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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