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    Lon Fuller's 'inner morality of law' requires generality,... — Carmelics
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    Supports→Rand and Ghate's view that government is necessary for objective law is contradicted by historical evidence of the Law Merchant.

    Lon Fuller's 'inner morality of law' requires generality, consistency, and publicness—criteria the Law Merchant satisfied without state apparatus.

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    Reasons For

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    Reason for
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    • 1.Law Merchant guilds published standard contracts and trading rules widely, satisfying Fuller's publicity requirement without state codification.
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    • 2.Merchant courts applied consistent precedents across regions, creating de facto generality through repeated commercial practice and reputation.
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    • 3.Private legal systems can enforce internal consistency through membership incentives and market reputation, not just state monopoly on enforcement.
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    Reasons Against

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    Reason against
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    • 1.Law Merchant rules were accessible only to merchant elites, failing Fuller's publicity requirement for ordinary subjects of the legal system.
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    • 2.Without state authority, Law Merchant consistency depended on voluntary compliance; exclusionary practices and regional variation undermined generality.
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    • 3.Fuller emphasized impartiality and equal treatment; merchant courts privileged guild members over outsiders, contradicting his inner morality criteria.
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    Social Contract1 linkedRights & Liberty1 linked

    Related

    Fuller emphasized impartiality and equal treatment; merchant courts privileged g...Law Merchant guilds published standard contracts and trading rules widely, satis...Law Merchant rules were accessible only to merchant elites, failing Fuller's pub...Merchant courts applied consistent precedents across regions, creating de facto ...
    +3 moreShow less
    Private legal systems can enforce internal consistency through membership incent...Rand and Ghate's view that government is necessary for objective law is contradi...Without state authority, Law Merchant consistency depended on voluntary complian...

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    claim
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    2 (1 for, 1 against)
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