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Morality and the Nature of Law$
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Kenneth Einar Himma

Print publication date: 2019

Print ISBN-13: 9780198723479

Published to Oxford Scholarship Online: April 2019

DOI: 10.1093/oso/9780198723479.001.0001

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Inclusive Positivism and the Arguments from Authority

Inclusive Positivism and the Arguments from Authority

(p.89) 4 Inclusive Positivism and the Arguments from Authority
Morality and the Nature of Law

Kenneth Einar Himma

Oxford University Press

This chapter explores the various tensions that might be thought to arise between the Incorporation Thesis and practical authority. The Incorporation Thesis states that there is a conceptually possible legal system with moral criteria of validity. In such a legal system, the properties that constitute a norm as legally valid include properties having to do with whether its content satisfies certain moral standards. This chapter begins with a general discussion of the differences between practical and epistemic authority. The chapter then articulates the various theses associated with the so-called service conception of authority and concludes with a summary of the arguments for the claim that this conception of authority is inconsistent with the Incorporation Thesis.

Keywords:   Incorporation Thesis, practical authority, legal validity, epistemic authority, service conception of authority

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