The Authority of Law in the Circumstances of Politics

Canadian Journal of Law and Jurisprudence 20 (2):297-321 (2007)
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Abstract

Joseph Raz’s influential account of authority holds that authority is normally justified by the authority’s ability to issue directives that, if followed, would increase a norm subject’s chances of conforming to the requirements of right reason. Jeremy Waldron raises a number of challenging and important questions about whether Raz’s account of authority can usefully illuminate our understanding of law’s authority in contemporary democracies, where laws are enacted by large, diverse legislatures in circumstances of disagreement. I examine a number of these questions, and conclude that Raz’s account of authority is equal to the task of illuminating our understanding of law’s authority in the “circumstances of politics,” where we often disagree about what right reason requires, and where law is enacted by large, diverse legislatures that settle on courses of social action by adopting participatory majoritarian procedures.

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Mark Capustin
University of Saskatchewan

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References found in this work

The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Engaging Reason.Joseph Raz - 1999 - Philosophy and Phenomenological Research 66 (3):745-748.
Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.
Jeremy Waldron on law and disagreement.David Estlund - 2000 - Philosophical Studies 99 (1):111-128.
On the authority and interpretation of Constitutions: some preliminaries.Joseph Raz - 1998 - In Larry Alexander (ed.), Constitutionalism: philosophical foundations. New York: Cambridge University Press. pp. 152--153.

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