Law and Philosophy 19 (2):247-262 (2000)

Abstract
From a sociological point of view, the conceptual and logical relations between the norms of legal order represent empirical and causal relations between social actors. The claim that legal authority is based on the validity of empowering norms means, sociologically, that the capability to enact and enforce legal norms is based on an empirical transfer of power from one social actor to another. With this process, sociology has to explain how a proclamation of legal rights by the creation of empowering norms can lead to the establishment of the factual power of coercion. This explanation reveals that legal authority as a social fact is irrevocably dependent on non-legal power, which is not created by legal empowering norms but is the empirical foundation for all legal authority and state power.
Keywords Law   Logic   Philosophy of Law   Law Theory/Law Philosophy   Political Science   Social Issues
Categories (categorize this paper)
ISBN(s)
DOI 10.2307/3505167
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 52,768
External links

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.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Analytics

Added to PP index
2009-01-28

Total views
87 ( #107,890 of 2,340,325 )

Recent downloads (6 months)
2 ( #332,541 of 2,340,325 )

How can I increase my downloads?

Downloads

My notes