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Inverse View
It is not the case that Positive law necessarily reflects conventional social norms, and legislatures have legitimate authority to encode community moral standards.
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Reasons For
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Reason for
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1.
Social norms vary across communities and change rapidly; basing law on them risks enshrining bigotry and denying universal moral truths.
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2.
Legislative majorities can be wrong morally; legitimacy requires adherence to principled constraints, not mere reflection of current preferences.
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3.
Laws affecting minorities disproportionately shouldn't depend on majority sentiment; some domains require rights-based limits on democratic encoding.
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Reasons Against
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Reason against
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1.
Laws require broad compliance; they gain legitimacy when aligned with widely-held community values rather than imposed arbitrarily.
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2.
Democratic legislatures represent the people; encoding shared moral standards respects collective self-governance and popular sovereignty.
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3.
Positive law coordinates behavior effectively only when citizens recognize its rules as reflecting their considered moral commitments.
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