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    If moral principles function as genuine legal standards i... — 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.

    If moral principles function as genuine legal standards in adjudication, positivism's rule of recognition cannot exhaustively account for what the law is.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Courts demonstrably apply moral reasoning (proportionality, dignity, fairness) as binding law, not merely persuasive authority.
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    • 2.The rule of recognition identifies sources of law (statutes, precedent) but cannot explain why judges cite moral principles as legal grounds.
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    • 3.Legal systems in practice treat constitutional rights as morally grounded, making moral content constitutive of law, not external to it.
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    Reasons Against

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    • 1.Judges applying moral principles are still bound by institutional rules and constitutional text—the rule of recognition can accommodate this.
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    • 2.Conflating 'moral principles influence adjudication' with 'moral principles are legal standards' commits category error—influence ≠ constitution.
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    • 3.Positivists can embed moral criteria within the rule of recognition itself (e.g., 'basic rights provisions are law'), preserving exhaustiveness.
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    Connections

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    Social Contract1 linkedRights & Liberty1 linked

    Related

    A positivist conception of law — specifically a version of the Separation Thesis...Conflating 'moral principles influence adjudication' with 'moral principles are ...Courts demonstrably apply moral reasoning (proportionality, dignity, fairness) a...Judges applying moral principles are still bound by institutional rules and cons...
    +3 moreShow less
    Legal systems in practice treat constitutional rights as morally grounded, makin...Positivists can embed moral criteria within the rule of recognition itself (e.g....The rule of recognition identifies sources of law (statutes, precedent) but cann...

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