Review Article: Legal Theory, Law, and Normativity
Journal of Moral Philosophy 9 (1):115-126 (2012)
| Abstract | Joseph Raz's new book, Between Authority and Interpretation , collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, I raise some room for doubt - especially with regard to his pessimism about finding a uniquely best theory of law and the relationship between law and morality | |||||||||
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Leonard Kahn (forthcoming). Review Essay: Legal Theory, Law, and Normativity. [REVIEW] The Journal of Moral Philosophy.
Kristen Rundle (forthcoming). Form and Agency in Raz's Legal Positivism. Law and Philosophy:1-25.
Paula Gaido (2011). The Purpose of Legal Theory: Some Problems with Joseph Raz's View. Law and Philosophy 30 (6):685-698.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
F. Atria (1999). Legal Reasoning and Legal Theory Revisited. Law and Philosophy 18 (5):537-577.
Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.) (2003). Rights, Culture, and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.
Stanley L. Paulson & Bonnie Litschewski Paulson (eds.) (1998). Normativity and Norms: Critical Perspectives on Kelsenian Themes. Oxford University Press.
Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48:1-15.
Hans Kelsen (1992). Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law. Oxford University Press.
David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
Joseph Raz (2004). Incorporation by Law. Legal Theory 10:1-17.
Joseph Raz (2005). Can There Be a Theory of Law? In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub..
Joel Feinberg (2003). Problems at the Roots of Law: Essays in Legal and Political Theory. Oxford University Press.
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