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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

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

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
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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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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