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Inverse View
It is not the case that If social solidarity is a genuine good, then punishing its erosion satisfies a form of necessity Montesquieu's framework fails to accommodate.
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Reasons For
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Reason for
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1.
Punishment justified by 'solidarity erosion' becomes a blank check for restricting liberty without clear, limiting principles.
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2.
Montesquieu's framework deliberately restricts state power to prevent precisely this kind of necessity-based expansion of punishment.
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3.
Social cohesion can be maintained through positive means (education, participation) without requiring additional punitive measures.
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Reasons Against
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Reason against
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1.
Social solidarity enables the cooperative conditions necessary for any legal system to function effectively and legitimately.
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2.
Montesquieu's separation of powers framework addresses only structural necessity, not the moral/social prerequisites that sustain it.
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3.
Societies that fail to maintain solidarity through proportionate enforcement face breakdown beyond what institutional design alone can prevent.
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