David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (2):223-246 (2000)
The act of `setting the law' enjoys a central position in Kelsen's theory of authority. His analysis of this act criticizes, amongst others, the assumption of natural-law doctrines that norms are objective when they duplicate a content given directly to cognition and independently of the act whereby the norm is enacted. Correctly, Kelsen attacks the concept of representation underlying this assumption as an example of metaphysical dualism and a copy theory of knowledge. Does, then, an alternative understanding of authority require scrapping representation from a theory of positive law? Or does it require interpreting representation differently? Following the second path, this paper reconstructs the act of setting the law in terms of the critical concept of representation developed by Ernst Cassirer and suggests how, thus reconstructed, the structure of this act can account for the law's authority and its contingency.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|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
No citations found.
Similar books and articles
Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
C. Heidemann (2000). The Creation of Normative Facts. Law and Philosophy 19 (2):263-281.
Maarten Wisse (2000). The Meaning of the Authority of the Bible. Religious Studies 36 (4):473-487.
Stanley L. Paulson (2000). The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law. Law and Philosophy 19 (2):131 - 171.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
L. S. (2000). The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law. Law and Philosophy 19 (2):131-171.
Bert Van Roermund (2003). First-Person Plural Legislature: Political Reflexivity and Representation. Philosophical Explorations 6 (3):235 – 250.
Bert van Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
B. Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
B. Celano (2000). Kelsen's Concept of the Authority of Law. Law and Philosophy 19 (2):173-199.
Added to index2009-01-28
Total downloads13 ( #256,425 of 1,790,408 )
Recent downloads (6 months)2 ( #325,851 of 1,790,408 )
How can I increase my downloads?