David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press (2012)
In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (An appendix examines Oliver Wendell Holmes' judicial work to show that, pace Dworkin, Holmes does indeed make moral claims for law.).
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Frederick Schauer (2010). Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Ratio Juris 23 (1):1-21.
Similar books and articles
Robert Alexy (2007). On Two Juxtapositions: Concept and Nature, Law and Philosophy. Some Comments on Joseph Raz's "Can There Be a Theory of Law?". Ratio Juris 20 (2):162-169.
John Finnis (2011). Law as Idea, Ideal and Duty. Jurisprudence 1 (2):245-251.
David Lefkowitz (2004). Legitimate Political Authority and the Duty of Those Subject to It: A Critique of Edmundson. Law and Philosophy 23 (4):399 - 435.
Robert Alexy (2008). On the Concept and the Nature of Law. Ratio Juris 21 (3):281-299.
Mark J. Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW] Law and Philosophy 30 (5):603-635.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
James Morauta (2004). Three Separation Theses. Law and Philosophy 23 (2):111-135.
Peter Rijpkema (2011). The Inevitability of Moral Evaluation. Ratio Juris 24 (4):413-434.
Bas van der Vossen (2011). Assessing Law's Claim to Authority. Oxford Journal of Legal Studies 31 (3):481-501.
Dennis Patterson (2012). Alexy on Necessity in Law and Morals. Ratio Juris 25 (1):47-58.
Added to index2009-01-28
Total downloads70 ( #29,653 of 1,696,306 )
Recent downloads (6 months)2 ( #239,061 of 1,696,306 )
How can I increase my downloads?