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)|
|Through your library||Only published papers are available at libraries|
Similar books and articles
Corey Brettschneider (2005). Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review. Political Studies 53:423-451.
Scott Hershovitz (2011). The Role of Authority. Philosophers' Imprint 11 (7).
M. Baurmann (2000). Legal Authority as a Social Fact. Law and Philosophy 19 (2):247-262.
Enzo Rossi (2009). The Exemption That Confirms the Rule: Reflections on Proceduralism and the Uk Hybrid Embryos Controversy. Res Publica 15 (3):237-250.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. 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.
Roger A. Shiner (1992). Norm and Nature: The Movements of Legal Thought. Oxford University Press.
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.
Added to index2009-01-28
Total downloads5 ( #176,133 of 1,010,217 )
Recent downloads (6 months)1 ( #64,700 of 1,010,217 )
How can I increase my downloads?