Form and Agency in Raz’s Legal Positivism

Law and Philosophy 32 (6):767-791 (2013)
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Abstract

As two parts of one overarching legal positivist project, it is likely assumed that the constitutive elements of Joseph Raz’s analysis of the rule of law are compatible with his thinking on the nature of legal authority. The aim of this article is to call this assumption into question by reading Raz in light of the core, if under-recognised, preoccupation of the jurisprudence of Lon Fuller: namely, the latter’s concern to illuminate the relationship between the distinctive form of law and human agency. This not only opens up a new engagement between Raz and Fuller that was far from exhausted within debates about law and morality, but also reveals tensions between Raz’s analysis of the rule of law and his analysis of legal authority that proponents of Raz’s legal positivism need to address

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Citations of this work

The Ambiguity of Force.David Dyzenhaus - 2016 - Ratio Juris 29 (3):323-347.
Authority, Nationality, and Minorities.Alex Schwartz - 2015 - Ratio Juris 28 (3):354-371.
Fuller's Internal Morality of Law.Kristen Rundle - 2016 - Philosophy Compass 11 (9):499-506.

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References found in this work

Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.

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