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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    321,452
    Perspectives
    108,905
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    42
    For something to claim legitimate authority, its directiv... — Carmelics
    Home/Rights & Liberty
    HistoryEditSee Inverse

    For something to claim legitimate authority, its directives must be identifiable as authoritative without relying on the very reasons those directives are meant to replace.

    Rights & LibertySocial Contract
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Authority exists to mediate practical reasoning by replacing certain first-order reasons with authoritative directives.
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    • 2.If identifying an authoritative directive requires engaging in the same reasoning the directive is meant to replace, the authority cannot fulfill its mediating role.
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    • 3.Something that cannot fulfill its essential mediating role cannot make the practical difference it is there to make.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
    ?
    • 1.Raz's own 'normal justification thesis' holds that authority is legitimate only when following it helps subjects conform better to reasons that already apply to them.
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    • 2.If identifying authority already requires appeal to underlying reasons, this is not a defect but the very mechanism by which authority derives and sustains its legitimacy.
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    • 3.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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    Reason against 2 of 2
    ?
    • 1.Lon Fuller argued that law's inner morality is procedurally constituted, meaning legal authority is identified through criteria that are themselves partly normative and reason-laden.
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    • 2.The demand that authoritative directives be identifiable without engaging first-order reasons presupposes a sharp fact-value distinction that Dworkin's interpretivism systematically refutes.
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    • 3.Dworkin's 'law as integrity' demonstrates that identifying legal directives as authoritative just is a matter of substantive moral and political reasoning, yet authority functions meaningfully under this account.
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    Topics

    Rights & LibertySocial Contract

    Related

    A mediating role need not be self-validating to be effective; judges apply law l...Authority exists to mediate practical reasoning by replacing certain first-order...Dworkin's 'law as integrity' demonstrates that identifying legal directives as a...If identifying an authoritative directive requires engaging in the same reasonin...
    +5 moreShow less
    If identifying authority already requires appeal to underlying reasons, this is ...Lon Fuller argued that law's inner morality is procedurally constituted, meaning...Raz's own 'normal justification thesis' holds that authority is legitimate only ...Something that cannot fulfill its essential mediating role cannot make the pract...The demand that authoritative directives be identifiable without engaging first-...

    Similar

    If identifying an authoritative directive requires engaging in the sam...89%It is pointless to have an authoritative directive if discovering what...84%The rationale for authoritative directives is to spare subjects from h...84%Law necessarily claims to be a legitimate authority82%

    Source

    AI-extracted1/3 agreementValid
    SEP: lawphil-nature
    View source passageHide passage
    Now, it follows that for something to be able to claim legitimate authority, it must be of the kind of thing capable of claiming it, namely, capable of fulfilling such a mediating role. What kinds of things can claim legitimate authority? There are at least two such features necessary for authority-capacity: First, for something to be able to claim legitimate authority, it must be the case that its directives are identifiable as authoritative directives, without the necessity of relying on those
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit