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    LoyalLoyalJusticeJustice
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    Autonomy is therefore better protected by requiring law t... — Carmelics
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    Challenges→A positivist conception of law — specifically a version of the Separation Thesis — is normatively justified on the grounds of autonomy and freedom of conscience.

    Autonomy is therefore better protected by requiring law to meet moral standards than by insulating legal validity from moral assessment.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Laws that violate basic moral principles (e.g., slavery) undermine rather than protect autonomy by legitimizing domination.
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    • 2.Insulating law from moral assessment allows unjust regimes to claim validity, leaving citizens with no principled grounds to resist.
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    • 3.Genuine autonomy requires acting on reasons one can endorse upon reflection; immoral laws prevent this reflective endorsement.
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    Reasons Against

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    Reason against
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    • 1.Tying legal validity to contested moral standards risks empowering majorities to invalidate laws protecting vulnerable minorities.
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    • 2.Legal systems need stable, determinate rules; moral assessment introduces subjective disagreement that destabilizes predictability.
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    • 3.Separating law from morality allows pluralistic societies to coexist despite fundamental moral disagreement without legal collapse.
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    Social Contract1 linkedRights & Liberty1 linked

    Related

    A positivist conception of law — specifically a version of the Separation Thesis...Genuine autonomy requires acting on reasons one can endorse upon reflection; imm...Insulating law from moral assessment allows unjust regimes to claim validity, le...Laws that violate basic moral principles (e.g., slavery) undermine rather than p...
    +3 moreShow less
    Legal systems need stable, determinate rules; moral assessment introduces subjec...Separating law from morality allows pluralistic societies to coexist despite fun...Tying legal validity to contested moral standards risks empowering majorities to...

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    claim
    Perspectives
    2 (1 for, 1 against)
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