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It is not the case that Legal validity requires more than institutional enactment; it requires minimal conformity with moral principles (Fuller's inner morality of law).
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Reasons For
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Reason for
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1.
Unjust laws remain legally binding and enforceable; their injustice is a separate moral critique that doesn't affect their legal validity or bindingness.
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2.
Fuller's principles describe how laws operate effectively, not necessary conditions for validity—a clear but immoral law remains valid law.
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3.
Merging legality with morality grants judges and citizens dangerous license to reject laws they deem insufficiently moral, destabilizing rule of law.
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Reasons Against
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Reason against
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1.
Laws that systematically violate basic fairness (retroactive punishment, arbitrary enforcement) undermine their own internal coherence and citizen compliance.
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2.
Legal systems claiming authority must justify that authority; pure positivism offers no principled basis to distinguish valid law from mere coercive command.
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3.
Fuller's eight principles (generality, publicity, clarity, consistency) are functional requirements for law itself, not external moral impositions on it.
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