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    LoyalLoyalJusticeJustice
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    Hart's separation thesis demonstrates that a complete des... — Carmelics
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    Challenges→A complete theory of the normativity of law must encompass moral issues about political obligation.

    Hart's separation thesis demonstrates that a complete descriptive jurisprudence can account for legal obligation without importing moral criteria.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Legal systems function with internal consistency rules that operate independently of moral content, as demonstrated by morally unjust legal codes.
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    • 2.Descriptive jurisprudence aims to explain law as it is, not as it ought to be; mixing morality conflates explanation with evaluation.
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    • 3.The rule of recognition identifies legal validity through social practice and convention, not through moral truth-conditions.
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    Reasons Against

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    Reason against
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    • 1.Legal obligation necessarily involves normative force—a reason to act—which cannot be purely factual and requires moral or evaluative grounding.
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    • 2.Hart's own account of why citizens obey law appeals to internal acceptance of rules, a concept that inherently involves evaluative attitudes.
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    • 3.Identifying what counts as 'law' requires implicit judgments about legitimacy and authority that smuggle in normative criteria despite descriptive intentions.
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    Social Contract1 linkedJustice & Punishment1 linked

    Related

    A complete theory of the normativity of law must encompass moral issues about po...Descriptive jurisprudence aims to explain law as it is, not as it ought to be; m...Hart's own account of why citizens obey law appeals to internal acceptance of ru...Identifying what counts as 'law' requires implicit judgments about legitimacy an...
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    Legal obligation necessarily involves normative force—a reason to act—which cann...Legal systems function with internal consistency rules that operate independentl...The rule of recognition identifies legal validity through social practice and co...

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    claim
    Perspectives
    2 (1 for, 1 against)
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