David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Oxford Journal of Legal Studies 31 (3):481-501 (2011)
The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA.
|Keywords||Law's claim to authority Authority Jurisprudence Soper Natural law Legal positivism Political obligation|
|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
Stephen P. Garvey (2013). Was Ellen Wronged? Criminal Law and Philosophy 7 (2):185-216.
Similar books and articles
Peter Rijpkema (2011). The Inevitability of Moral Evaluation. Ratio Juris 24 (4):413-434.
Jon Garthoff (2010). Legitimacy is Not Authority. Law and Philosophy 29 (6):669-694.
B. Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
John Gardner (2012). How Law Claims, What Law Claims. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
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.
Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
Bert van Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
B. Celano (2000). Kelsen's Concept of the Authority of Law. Law and Philosophy 19 (2):173-199.
Bas van der Vossen (2008). On Legitimacy and Authority: A Response to Krehoff. Res Publica 14 (4):299-302.
Kristen Rundle (2013). Form and Agency in Raz's Legal Positivism. Law and Philosophy 32 (6):767-791.
Wim de Muijnck (2011). Normative Authority for Empirical Science. Philosophical Explorations 14 (3):263-275.
Added to index2011-07-07
Total downloads172 ( #4,303 of 1,099,914 )
Recent downloads (6 months)105 ( #446 of 1,099,914 )
How can I increase my downloads?