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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.
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Reasons For
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Reason for
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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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Reasons Against
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Reason against
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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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