Jump to ContentJump to Main Navigation
Philosophical Foundations of the Nature of Law$
Users without a subscription are not able to see the full content.

Wil Waluchow and Stefan Sciaraffa

Print publication date: 2013

Print ISBN-13: 9780199675517

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199675517.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 18 January 2018

The Normative Fallacy Regarding Law’s Authority *

The Normative Fallacy Regarding Law’s Authority *

Chapter:
(p.75) 4 The Normative Fallacy Regarding Law’s Authority*
Source:
Philosophical Foundations of the Nature of Law
Author(s):

Arie Rosen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199675517.003.0005

This chapter explores the idea of authority and its significance to descriptive legal philosophy. It begins with a critique of Raz's theory of de facto authority, claiming that his theory involves a normative fallacy — that is, an illicit move from statements in moral theory to statements about social and political facts. Building on this critique, the chapter moves on to discuss law's de facto authority, whether such authority is a necessary feature of law, and what its relevance is to the core questions of legal philosophy. The chapter suggests that in order to avoid the normative fallacy, we should move away from analyses of the concept of law that are based on the theorist's own moral theory, and take a more descriptive approach in explaining law's de facto authority and the way it affects the idea of law.

Keywords:   Raz, authority, normative fallacy, de facto, legitimate, rightful, practical matrix

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .