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    Lon Fuller argued that law possesses an internal morality... — Carmelics
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    Challenges→A positivist conception of law — specifically a version of the Separation Thesis — is normatively justified on the grounds of autonomy and freedom of conscience.

    Lon Fuller argued that law possesses an internal morality—procedural fairness, generality, publicity—without which it cannot function as law.

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    • 1.Systems lacking procedural fairness and publicity enable arbitrary power, making them functionally indistinguishable from non-legal coercion.
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    • 2.Law requires subjects to modify behavior based on rules; opaque or retroactive laws cannot rationally guide conduct, defeating law's purpose.
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    • 3.Even unjust legal systems (apartheid, Nazi law) maintained internal procedural consistency, suggesting morality constraints are inherent to legality.
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    Reasons Against

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    • 1.Historically effective legal systems have lacked Fuller's procedural virtues—secret laws, retroactive justice, and ad hoc rules functioned as law.
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    • 2.Fuller conflates 'functional law' with 'legitimate law'; oppressive systems can meet procedural standards while remaining deeply unjust morally.
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    • 3.Defining morality into law's concept begs the question against legal positivists who argue legality and morality are conceptually separable.
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    Social Contract1 linkedRights & Liberty1 linked

    Related

    A positivist conception of law — specifically a version of the Separation Thesis...Defining morality into law's concept begs the question against legal positivists...Even unjust legal systems (apartheid, Nazi law) maintained internal procedural c...Fuller conflates 'functional law' with 'legitimate law'; oppressive systems can ...
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    Historically effective legal systems have lacked Fuller's procedural virtues—sec...Law requires subjects to modify behavior based on rules; opaque or retroactive l...Systems lacking procedural fairness and publicity enable arbitrary power, making...

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