I don't think this is the "is ought" problem. Most people recognize the existence of ought, and ought is explicitly recognized as a pre-condition for legal auth

I don't think this is the "is ought" problem. Most people recognize the existence of ought, and ought is explicitly recognized as a pre-condition for legal authority. That is to say that we all expect, whether it is justified or not from a philosophical perspective, that ought both exists and that it should be related to legality.