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)|
References found in this work BETA
No references found.
Citations of this work BETA
Similar books and articles
How Law Claims, What Law Claims.John Gardner - 2012 - In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Legitimate Political Authority and the Duty of Those Subject to It: A Critique of Edmundson.David Lefkowitz - 2004 - Law and Philosophy 23 (4):399-435.
Between Authority and Interpretation: On the Theory of Law and Practical Reason.Joseph Raz - 2009 - Oxford University Press.
The Arbitration Conception of Authority, Law as Integrity and Normative Positivism.Tamas Gyorfi - manuscript
The Moral Authority of International Law.Anthony Reeves - 2010 - APA Newsletter on Philosophy and Law 10 (1):13-18.
On Legitimacy and Authority: A Response to Krehoff.Bas van der Vossen - 2008 - Res Publica 14 (4):299-302.
Form and Agency in Raz’s Legal Positivism.Kristen Rundle - 2013 - Law and Philosophy 32 (6):767-791.
Added to index2011-07-07
Total downloads950 ( #794 of 2,169,144 )
Recent downloads (6 months)210 ( #438 of 2,169,144 )
How can I increase my downloads?