Conflating rule of law with social justice erases moral discourse beyond legality

Evidence

The implication being that, while the general moral norms, or “moral universals,” are fixed and thus cannot be changed, the legal norms, which must necessarily occupy a second and subservient rank, can be modified in accordance with the demands of place and time. Here, a constant dialectic exists between the demands of the moral universals and those of life and legally regulated acts. And it is here that Ought continuously regulates and restrains the Is. — Wael Hallaq, Restating Orientalism, 658 (#complicates, via linked claim)

Categorization

• XREF: connects to: Legal authority depends on culturally interpreted moral categories; Legal systems rest on customary social rules rather than moral foundations — HLA Hart, The Concept of Law (Clarendon Law…, 56; Reductionist legal theories obscure the diverse functions of rules within a social system — HLA Hart, The Concept of Law (Clarendon Law…, 649 (+6 more)

Broader Connections

• Fixed moral universals regulate and restrain changeable legal norms #complicates (0.82) — Wael Hallaq, Restating Orientalism, 658