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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Purely positive law that is legally valid is presumptivel... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    Purely positive law that is legally valid is presumptively and defeasibly morally valid and binding.

    Justice & PunishmentSocial Contract
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Purely positive law takes its place in a scheme of practical reasoning whose proximate starting point is the moral need for justice and peace.
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    • 2.That scheme of practical reasoning has a more foundational starting point in the basic ways human wellbeing can be promoted and protected, as picked out by practical reason's first principles.
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    • 3.A rule that participates in such a scheme acquires the moral form or meaning of legal obligatoriness.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Legal validity derives solely from recognized procedural sources (Hart's rule of recognition), not from participation in any moral scheme.
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    • 2.A law's pedigree within a social practice of rule-following confers no moral weight beyond the contingent habits that sustain it.
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    • 3.Conflating the conditions for legal validity with conditions for moral obligation commits the naturalistic fallacy Hume identified between 'is' and 'ought'.
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    Reason against 2 of 2
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    • 1.Radbruch's formula holds that laws of extreme injustice forfeit legal validity itself, undermining any general presumption of moral bindingness.
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    • 2.If the Nazi Nuremberg Laws were legally valid yet created no moral obligation, then legal validity and moral bindingness are severable by counterexample.
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    • 3.A presumption defeated by the most salient historical cases of positive law is too weak to do the normative work the natural law account requires.
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    Topics

    Justice & PunishmentSocial Contract

    Connections

    1 topic

    Virtue Ethics1 linked

    Related

    A law's pedigree within a social practice of rule-following confers no moral wei...A presumption defeated by the most salient historical cases of positive law is t...A rule that participates in such a scheme acquires the moral form or meaning of ...Conflating the conditions for legal validity with conditions for moral obligatio...
    +5 moreShow less
    If the Nazi Nuremberg Laws were legally valid yet created no moral obligation, t...Legal validity derives solely from recognized procedural sources (Hart's rule of...Purely positive law takes its place in a scheme of practical reasoning whose pro...Radbruch's formula holds that laws of extreme injustice forfeit legal validity i...That scheme of practical reasoning has a more foundational starting point in the...

    Similar

    Purely positive law takes its place in a scheme of practical reasoning...87%An anarchist — who rejects the normative validity of law — can nonethe...81%Contemporary legal positivists have abandoned the classical positivist...78%An interpretation of law that is morally sounder is legally correct ev...78%

    Source

    AI-extracted1/3 agreementValid
    SEP: natural-law-theories
    View source passageHide passage
    That is to say: the concretized rule is (morally as well as legally) normative because such normativity is (presumptively and defeasibly) entailed by the (moral) principle that the common good (whose fundamental content is given by the foundational principles of practical reason: 1.1) requires that authoritative institutions take action to specify, apply and enforce some rules on the relevant matters. Social facts make a positive legal rule a reason for action because the desirability of authori
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit