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Deductive legal theory, when properly applied in a given context, objectively and descriptively defines the parameters of what justice is in relation to questions of property rights, contracts, torts, and other legal matters. This yields a deeper-than-expected foundation for the traditional libertarian insistence on not mixing law with morality and the corollary opposition to “legislating morality.” Legal theory is a discrete field that, like Mises’s conception of economic theory, can provide descriptive, categorical input for use in “ought” considerations, even as legal theory and ethics remain distinct in foundations, scope, and method.
(Source: libertarianpapers.org)
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