Requirements, Reasons, and Raz: Legal Positivism and Legal Duties
Requirements, Reasons, and Raz: Legal Positivism and Legal Duties
Although Joseph Raz is in most respects a legal positivist, he shares with some natural-law theorists the view that every legal system — by virtue of its status as a legal system — claims to be possessed of morally binding authority. This chapter undertakes a critique of Raz’s view, by maintaining that perfectly credible legal systems can exist without explicitly or implicitly claiming to be possessed of any morally binding authority.
Keywords: Joseph Raz, legal positivism, authority, legitimacy, natural law, morality, Philip Soper
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