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    LoyalLoyalJusticeJustice
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    The claim's 'presumptive and defeasible' qualification sm... — Carmelics
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    Challenges→A concretized legal rule is morally normative because the moral principle that the common good requires authoritative institutions to specify, apply, and enforce rules on relevant matters presumptively and defeasibly entails such normativity.

    The claim's 'presumptive and defeasible' qualification smuggles in precisely the institutional competence conditions it needs but cannot derive from the common good alone.

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    1 reason for
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    Reasons For

    1 perspective
    Reason for
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    • 1.The common good is too abstract to determine who should decide when competing interpretations arise without institutional criteria.
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    • 2.Defeasibility necessarily requires appeal to override conditions that transcend the common good concept itself.
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    • 3.Institutions embody epistemic and enforcement capacities logically prior to any substantive normative framework's application.
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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Institutions can themselves be justified by reference to the common good without circularity—they serve common good aims.
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    • 2.Defeasibility and presumption are logical operators independent of institutional design; they don't require hidden competence conditions.
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    • 3.The charge assumes institutional conditions must be 'derived from' the common good rather than derived from separate political theory.
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    Social Contract1 linkedJustice & Punishment1 linked

    Related

    A concretized legal rule is morally normative because the moral principle that t...Defeasibility and presumption are logical operators independent of institutional...Defeasibility necessarily requires appeal to override conditions that transcend ...Institutions can themselves be justified by reference to the common good without...
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    Institutions embody epistemic and enforcement capacities logically prior to any ...The charge assumes institutional conditions must be 'derived from' the common go...The common good is too abstract to determine who should decide when competing in...

    Details

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