Legal Authority as a Social Fact

Abstract

From a sociological point of view, theconceptual and logical relations between the norms oflegal order represent empirical and causal relationsbetween social actors. The claim that legal authorityis based on the validity of empowering norms means,sociologically, that the capability to enact andenforce legal norms is based on an empirical transferof power from one social actor to another. With thisprocess, sociology has to explain how a proclamationof legal rights by the creation of empowering normscan lead to the establishment of the factual power ofcoercion. This explanation reveals that legalauthority as a social fact is irrevocably dependent onnon-legal power, which is not created by legalempowering norms but is the empirical foundation forall legal authority and state power.