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    Carmelics

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    Home/Original/inverse
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    Inverse View

    It is not the case that The claim's binary between social-fact sourced law and exceptional departure reproduces the positivist framework that natural law theory, on Dworkin's reading, should fundamentally reject.

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    Reasons For

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    Reason for
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    • 1.Distinguishing rule-based law from principled exceptions doesn't require endorsing positivism's metaphysical claims about law's nature.
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    • 2.Even natural law theorists must explain why some judicial decisions feel like departures; binary thinking captures this phenomenology.
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    • 3.Rejecting the binary might obscure genuine differences between cases governed by established doctrine versus those requiring interpretive reconstruction.
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    Reasons Against

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    Reason against
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    • 1.Dworkin's integrity theory rejects positivism's clean separation between law's sources and moral judgment in hard cases.
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    • 2.Binary frameworks treating exceptions as departures implicitly accept positivism's premise that law exists independently of principle.
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    • 3.Natural law theory requires seeing law as continuous with moral reasoning, not as discrete rules occasionally suspended by judges.
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