The authority of law : essays on law and morality

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The authority of law : essays on law and morality

by Joseph Raz

Oxford University Press, 2009

2nd ed

  • : hbk
  • : pbk

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

This classic collection of essays, first published in 1979, has had an enduring influence on philosophical work on the nature of law and its relation to morality. Raz begins by presenting an analysis of the concept of authority and what is involved in law's claim to moral authority. He then develops a detailed explanation of the nature of law and legal systems, presenting a seminal argument for legal positivism. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values - namely the social functions of law, the ideal of the rule of law, and the adjudicative role of the courts. The final part of the book is given to understanding the proper moral attitude of a citizen towards the law. Raz examines whether the citizen is under a moral obligation to obey the law and whether there is a right to dissent. Two appendices, added for the revised edition, develop Raz's views on the nature of law, offering a further dialogue with the work of Hans Kelsen, and a reply to Robert Alexy's criticisms of legal positivism. This revised edition makes accessible one of the classic works of modern legal philosophy, and represents an ideal companion to Raz's new collection, Between Authority and Interpretation.

目次

  • I LAW AND AUTHORITY
  • 1. Legitimate Authority
  • 2. The Claims of Law
  • II THE NATURE OF LAW AND NATURAL LAW
  • 3. Legal Positivism and the Sources of Law
  • 4. Legal Reason, Sources, and Gaps
  • 5. The Identity of Legal Systems
  • 6. The Institutional Nature of Law
  • 7. Kelsen's Theory of the Basic Norm
  • 8. Legal Validity
  • III INTERNAL LEGAL VALUES
  • 9. The Functions of Law
  • 10. Law and Value in Adjudication
  • 11. The Rule of Law and its Virtue
  • IV MORAL ATTITUDES TO THE LAW
  • 12. The Obligation to Obey the Law
  • 13. Respect for Law
  • 14. A Right to Dissent? I. Civil Disobedience
  • 15. A Right to Dissent? II. Conscientious Objection
  • V APPENDICES
  • 16. The Purity of the Pure Theory
  • 17. The Argument from Justice

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