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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 purely structural theory that ignores intrinsic judicial obligations mischaracterizes adjudication as mere incentive-response behavior rather than a rule-governed practice.

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

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Judicial obligations themselves are products of institutional structures and enforcement mechanisms; intrinsic obligation is an illusion.
      ?

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    • 2.Describing rule-governed behavior as 'incentive-response' is reductive but not inaccurate—rules structure incentives; this doesn't deny rule-following.
      ?

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    • 3.The distinction between 'intrinsic' and 'structural' obligation lacks clear referent; all duties emerge within some institutional framework.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Judges regularly cite legal rules and precedent as binding reasons, not merely as external constraints producing behavioral responses.
      ?

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    • 2.Rule-governed practices have constitutive norms that define what counts as correct adjudication; incentives alone cannot explain this normativity.
      ?

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    • 3.Structural theories cannot account for judicial resistance to incentives when duty conflicts with personal interest, which occurs regularly.
      ?

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