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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Home/Original/inverse
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    Inverse View

    It is not the case that Laws should not criminalize conduct that is inherently hard to prove, such as witchcraft

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    2 perspectives
    Reason for 1 of 2
    ?
    • 1.Rousseau and natural law theorists hold that law's legitimacy derives from its correspondence to genuine moral wrongs, not from prosecutorial convenience.
      ?

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    • 2.If witchcraft were a real harm, the state's inability to easily prosecute it would not diminish its status as a wrong deserving legal prohibition.
      ?

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    • 3.Montesquieu's argument conflates the epistemic limits of courts with the normative question of what conduct a just legal order ought to prohibit.
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    Reason for 2 of 2
    ?
    • 1.The evidentiary difficulty of proving a crime is a procedural problem to be solved by law of evidence, not a reason to decriminalize the conduct itself.
      ?

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    • 2.Blackstone's procedural reforms and the development of rules against spectral evidence show societies can regulate proof standards without abandoning criminalization.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Laws should make it as easy as possible for an innocent person to prove innocence
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    • 2.Crimes that are inherently difficult to prove make it nearly impossible for an innocent person to establish innocence
      ?

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    Statements
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