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    Legal positivism's separation thesis—that law's existence... — Carmelics
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    Challenges→Natural law theory is not significantly less concerned than contemporary legal positivism with establishing the precise boundaries and content of posited law.

    Legal positivism's separation thesis—that law's existence is a matter of social fact, not moral merit—creates a methodologically distinct enterprise from natural law's moral evaluation of legal validity.

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    Key Terms

    Methodologically distinct(in comparing philosophical approaches)
    Using different approaches and methods to study something—here, legal positivism studies law by looking at facts, while natural law studies law by evaluating its moral content.
    Separation Thesis(A claim often associated with legal positivism; MacCormick offers a normative rather than conceptual argument for it.)
    The claim that the question of what the law is ought to be held distinct from the question of what morality requires.
    Social fact(in philosophy of law and metaphysics)
    Something that exists because people agree it exists and follow rules about it—like money or governments—rather than something that exists in nature on its own.
    legal positivism(Contrasted with anti-positivist views that treat law as inherently valuable)
    The view that law is a distinctive form of political order rather than a moral achievement, and that whether law is necessary or useful depends entirely on its content and context

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    legal validity(Raz equates legal validity with authoritativeness)
    The property of a norm that makes it authoritative within a legal system
    natural law(Locke's Essays on the Law of Nature)
    A moral-legal framework that satisfies all the requisites of law: grounded in a superior will, rule-establishing, and binding on humans

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    Natural law theory is not significantly less concerned than contemporary legal p...

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