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    Legal normativity derives from social facts about recogni... — Carmelics
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    Challenges→A concretized legal rule is morally normative because the moral principle that the common good requires authoritative institutions to specify, apply, and enforce rules on relevant matters presumptively and defeasibly entails such normativity.

    Legal normativity derives from social facts about recognition and acceptance, not from moral principles, per Hart's rule of recognition.

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    Reasons For

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    Reason for
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    • 1.Legal systems demonstrably persist through social practice; courts function because officials recognize and follow shared rules, not because of moral truth.
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    • 2.Hart's rule of recognition explains why different legal systems with conflicting moral content are equally valid—normativity tracks acceptance, not objective morality.
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    • 3.Grounding law in moral principles creates indeterminacy: competing moral frameworks offer no consensus on what law should be, making social facts more reliable foundations.
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    Reasons Against

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    • 1.Social acceptance alone cannot explain why citizens have moral obligations to follow unjust laws—pure positivism collapses legal into mere social normativity.
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    • 2.Hart's rule of recognition presupposes criteria for what counts as valid 'recognition'—this itself requires normative standards beyond social facts to avoid circularity.
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    • 3.Legal systems systematically appeal to justice and rights as grounds for legitimacy, not merely to acceptance; divorcing law from moral principles distorts legal practice.
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    Social Contract1 linkedJustice & Punishment1 linked

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    A concretized legal rule is morally normative because the moral principle that t...Grounding law in moral principles creates indeterminacy: competing moral framewo...Hart's rule of recognition explains why different legal systems with conflicting...Hart's rule of recognition presupposes criteria for what counts as valid 'recogn...
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    Legal systems demonstrably persist through social practice; courts function beca...Legal systems systematically appeal to justice and rights as grounds for legitim...Social acceptance alone cannot explain why citizens have moral obligations to fo...

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