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    Carmelics

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    Inverse View

    It is not the case that If natural law theories derive legal obligation from moral principles that transcend enacted rules, then their apparent concern with posited law is instrumental and subordinate, not coordinate with positivism's foundational commitment to social sources.

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    Reasons For

    1 perspective
    Reason for
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    • 1.Many natural law theorists claim moral principles AND social institutions jointly constitute law's nature—not a subordinate relationship.
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    • 2.Positivism also employs normative principles (rule of recognition, authority) that transcend pure social facts, undermining its claimed purity.
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    • 3.The claim conflates metaphysical grounding with practical concern: natural lawyers can believe law requires moral justification yet coordinate with positivist analysis.
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    Reasons Against

    1 perspective
    Reason against
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    • 1.Natural law theorists prioritize moral principles as foundational, treating positive law as merely instrumental for moral ends.
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    • 2.Positivism's core thesis requires that law's validity depends solely on social facts like legislation, not external moral truths.
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    • 3.These foundational commitments are logically incompatible: one cannot simultaneously ground law in transcendent morality and social sources alone.
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