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Law (Justification (Necessary connection with morality (Yes - Natural law…
Law
Justification
Rule of Law (Fuller). Need certain checks, rule of law not rule by man. Fuller suggests 8 requirements of inner morality. But there is no necessary connection between his requirements and substantive justice. Rather hard to fail, even Nazi regime would be considered a legal system. Requirements are aspirational.
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Legislation (permit or prohibit behaviour that some people regard as immoral). It can only satisfy one camp. So how to justify such legislation?
Common goods (Finnis). Laws may prohibit what is morally permissible. Laws should facilitate pursuit of basic goods. Laws should not violate 9 principles and basic goods. Perfectly fine for laws to facilitate the pursuit of the basic goods. Or protect the moral environment to enable one to pursue the basic goods. When something is not something morally permissible, it may be that it has such an overwhelming effect as to restrict morally permissible acts, then no regulation. Prudential reasoning.
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Priority of the right over the good (Rawls). No such basic goods. Goods are determined by our individual world views / own comprehensive doctrine, and instead the law should give freedom to pursue your own idea of good. Cannot impose one view of good on others. Anti-perfectionistic idea. Can decide what rights people have without deciding what is moral or good for them. Should not decide what is moral because it is decided by each person's comprehensive doctrine. Primacy to autonomy, no moral law, political conception.
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