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It is not the case that 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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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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Reasons Against
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Reason against
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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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