The legal effect of the Road Traffic Act does not depend ... — Carmelics

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The legal effect of the Road Traffic Act does not depend merely on physical facts and social facts.

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Reasons For

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Reason for

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1.Applying the term 'vehicle' in the Road Traffic Act requires evaluative reasoning.
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2.If evaluative reasoning is required to apply a legal term, then the legal effect of that term cannot be reduced to physical or social facts alone.
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Reasons Against

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Reason against 1 of 2

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1.The meaning of 'vehicle' can be fixed by social conventions and community practices without invoking irreducibly normative facts.
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2.Wittgenstein's rule-following considerations show that applying concepts tracks shared social responses, not evaluation-transcendent norms.
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3.If legal effect reduces to socially constituted semantic facts, then the Road Traffic Act's effect is fully grounded in social facts.
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