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    Carmelics

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

    It is not the case that Lon Fuller's 'inner morality of law' requires generality, consistency, and publicness—criteria the Law Merchant satisfied without state apparatus.

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

    Reasons For

    1 perspective
    Reason for
    ?
    • 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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    Reasons Against

    1 perspective
    Reason against
    ?
    • 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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