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    On this pre-emptive reasons account, law's normativity de... — Carmelics
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    Challenges→A complete theory of the normativity of law must encompass moral issues about political obligation.

    On this pre-emptive reasons account, law's normativity derives from its epistemic service function, not from a foundational moral obligation to obey.

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    1 reason for
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    Reasons For

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    Reason for
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    • 1.Laws often guide us toward decisions we'd reach through individual reasoning, making their value epistemic rather than command-based.
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    • 2.We can explain legal compliance without assuming a moral duty to obey: people follow laws because they're reliable decision-guides.
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    • 3.Grounding normativity in moral obligation to obey creates problems (unjust laws, disagreement about which laws bind us morally).
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    Reasons Against

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    Reason against
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    • 1.If law's normativity is merely epistemic, it becomes optional whenever we're confident our own reasoning is superior—undermining legal order.
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    • 2.Laws that forbid harmful acts derive normativity from independent moral reasons, not from serving as epistemic guides to those reasons.
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    • 3.An account of law without foundational moral obligation cannot explain why citizens have duties to obey even when disagreeing with laws.
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    Social Contract1 linkedJustice & Punishment1 linked

    Related

    A complete theory of the normativity of law must encompass moral issues about po...An account of law without foundational moral obligation cannot explain why citiz...Grounding normativity in moral obligation to obey creates problems (unjust laws,...If law's normativity is merely epistemic, it becomes optional whenever we're con...
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    Laws often guide us toward decisions we'd reach through individual reasoning, ma...Laws that forbid harmful acts derive normativity from independent moral reasons,...We can explain legal compliance without assuming a moral duty to obey: people fo...

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    claim
    Perspectives
    2 (1 for, 1 against)
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