David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Clearly procedure plays some important role in accounts of legal authority, a concept that depends on the possibility of obedience to substantively disagreeable legal commands. But is the role of procedure intrinsic - commanding obedience without regard to the outcomes it produces - or instrumental? On an epistemic-guidance account of legal authority (like Joseph Raz's service conception), the instrumental nature of procedure is obvious: Legal procedures confer authority by generating better outcomes than legal subjects could achieve on their own. On a broadly Hobbesian dispute-resolving account, however, procedure appears to have entirely intrinsic value, as a focus on outcomes seemingly would recapitulate whatever dispute law is supposed to resolve. This paper contends that, despite this impression, procedure can in fact be instrumental on a dispute-resolving account of legal authority, albeit on a systemic rather than an ad hoc basis - a possibility with potentially important consequences for the legitimacy of legal procedures.
|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
No citations found.
Similar books and articles
Corey Brettschneider (2005). Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review. Political Studies 53:423-451.
P. J. Rhodes (1974). Legal Procedure at Athens A. R. W. Harrison: The Law of Athens: Procedure. Pp. Xiv+270. Oxford: Clarendon Press, 1971. Cloth, £3·75. [REVIEW] The Classical Review 24 (01):86-88.
Roger A. Shiner (1992). Norm and Nature: The Movements of Legal Thought. Oxford University Press.
Robert Elliot (2005). Instrumental Value in Nature as a Basis for the Intrinsic Value of Nature as a Whole. Environmental Ethics 27 (1):43-56.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Enzo Rossi (2009). The Exemption That Confirms the Rule: Reflections on Proceduralism and the Uk Hybrid Embryos Controversy. Res Publica 15 (3):237-250.
M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
Scott Hershovitz (2011). The Role of Authority. Philosophers' Imprint 11 (7).
Added to index2009-01-28
Total downloads5 ( #224,470 of 1,099,034 )
Recent downloads (6 months)1 ( #287,293 of 1,099,034 )
How can I increase my downloads?