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    Carmelics

    A reasoning platform. Break down any belief into clear reasons, explore both sides, and weigh the evidence honestly.

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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
    Perspectives
    108,905
    Topics
    42
    Home/Original/inverse
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    Inverse View

    It is not the case that Whether our inquiry into crime is analytical or normative, we must focus on the notion of wrongdoing.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    2 perspectives
    Reason for 1 of 2
    ?
    • 1.Legal positivists like Hart argue that the validity of law is entirely separate from its moral content or wrongdoing.
      ?

      Think about whether this reason is strong or weak

    • 2.Criminal law can be fully analyzed as a system of state-enforced prohibitions without appealing to moral wrongdoing.
      ?

      Think about whether this reason is strong or weak

    • 3.Conflating legal analysis with moral evaluation commits a category error that undermines jurisprudential clarity.
      ?

      Think about whether this reason is strong or weak

    Reason for 2 of 2
    ?
    • 1.Many criminal statutes prohibit 'mala prohibita' acts that are not intrinsically wrong but wrong only because prohibited.
      ?

      Think about whether this reason is strong or weak

    • 2.If wrongdoing is not necessary for criminalization, it cannot be the conceptual center of criminal law analysis.
      ?

      Think about whether this reason is strong or weak

    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.The criminal law portrays crime not merely as conduct which has been prohibited, but as a species of wrongdoing.
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      Think about whether this reason is strong or weak

    • 2.The simple positivist-consequentialist view of criminal law is inadequate.
      ?

      Think about whether this reason is strong or weak

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    Strongest counterpoint
    Explore the most compelling reason on the other side.