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It is not the case that A norm's status as 'law' depends on its recognition within a rule of recognition, which natural law categorically lacks.
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1.
Rules of recognition themselves lack higher-order recognition criteria, suggesting law's status doesn't depend on explicit institutional recognition.
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2.
Natural law theorists claim moral principles are recognizable through reason, providing their own epistemic criterion—not fundamentally different from positivist recognition.
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3.
Many constitutional systems invoke natural rights explicitly in their foundational documents, treating natural law as institutionally recognized law.
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Reasons Against
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Reason against
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1.
Legal systems require explicit institutional criteria for identifying valid norms; natural law lacks any agreed institutional mechanism for recognition.
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2.
Rules of recognition are observable social facts; natural law's metaphysical basis makes it unverifiable through empirical legal analysis.
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3.
Positivism explains how conflicting moral claims become binding law; natural law cannot account for legal pluralism across cultures.
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