The Authority Of Law Essays On Law And Morality 1979

The Authority Of Law Essays On Law And Morality 1979-32
The last part of the book is devoted to some key substantive problems.The author argues that there is no obligation to obey the law.This condition might be called a ‘reliable belief condition’, that is, that the putative subject must reliably believe that the putative authority-agent satisfies the Service Conception (or more precisely, its other three conditions).

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The author maintains there is no right to civil disobedience in a liberal state(though actos of civil disobedience may occasionally be justified even in such a state) and he argues for a right of conscientious objection in certain areas. The question is of great practical importance in so many aspects of daily life.

Its importance is growing as the law penetrates more and more into every corner of social and individual activity.

Only if the Service Conception does include the belief condition will it support Raz’s claim that authority is consistent with one’s rational ‘self-reliance’, that is, acting upon one’s own judgement (including, as to who has authority).

Only if the Service Conception does not include the belief condition will it support Raz’s perfectionist account of government. Open Access This article is distributed under the terms of the Creative Commons Attribution 4.0 International License ( which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.

As a matter of interpretation, different parts of Raz’s work appear to lead in entirely opposite directions: some parts clearly support the reliable belief condition, others do not.

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Regardless of Raz’s ultimate answer, however, the question reveals a broader inconsistency.This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country.The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation of the legal positivist's approach to law.Within this framework the author examines se This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country.Within this framework the author examines several areas where legal analysis is often thought to be impregnated with moral values, namely the social functions of law, the ideals of the rule of law, and the role of the courts.Consider, for example, a headmaster objecting to the routing of a bypass near his school. Should he confine himself to presenting his case in the local public inquiry? Since so many considerations have to be taken into account, their combination may well make the case unique. Or should he try to disrupt the inquiry since he knows that it is, by law, weighted against his cause? The nature of the harm the implementation of the proposed plan will cause, the benefits it will bring, the chances of having it changed by the various possible courses of action open to him, the danger that it will be replaced by a worse plan, the cost of his action to the school in terms of reputation, affecting, for example, possibilities of raising money from old members, its impact on his standing in the eyes of his students, its consequences to his personal and family life--do philosophers really examine or need to examine all these considerations? The difficulty of each individual case arises because of the particular way in which general considerations combine in it. In other words, that an argument seems perfectly logical at first is no definite proof it is indeed sound.The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation ofthe legal positivist's approach to law.But the deeper the law's penetration into various aspects of life the more complex the problem of the authority of law becomes and the more one despairs of the possibility of a general philosophical answer to it.Consider any man in any of a large number of rather common situations.

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