Patterson, ed. To avoid confusion, the question we are concerned with here must be clarified in several ways.
Otherwise, if moral values are not objective and legality depends on morality, legality would also be rendered subjective, posing serious problems for the question of how to identify what the law is. Needless to say, if such an account of legal principles is correct, the Separation Thesis can no longer be maintained.
However, it is also essential to law that it must be held to claim legitimate authority. Moral principles are what they are due to their content, and their validity is purely content dependent.
For society is not something that is kept together physically; it is held by the invisible bonds of common thought. One question that arises for this position, however, concerns the extent to which this is a distinct methodology from those discussed above.
For if legal outcomes are logically implied by propositions that bind judges, it follows that judges lack legal authority to reach conflicting outcomes.