Returning to Hartian positivism, normative factors can play a role if, and only if, there is a consensus among judges that does the necessary work (or a consensus on another criterion that picks out those normative factors). If, as seems likely, there is no consensus among judges that does the necessary work, Hart’s theory implies that normative factors do not play a role in determining the content of the law. In that case, the fact that a method of legal interpretation is supported by democracy, fairness, or other values has no bearing on whether it accurately ascertains the content of the law.