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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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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 July 2021

Law’s Claim of Legitimate Authority

Law’s Claim of Legitimate Authority

Chapter:
(p.121) 5 Law’s Claim of Legitimate Authority
Source:
Morality and the Nature of Law
Author(s):

Kenneth Einar Himma

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198723479.003.0006

This chapter determines whether the Authority Thesis is true. The Authority Thesis is based on the idea of a conceptual truth that law claims legitimate authority and hence that it is a conceptual truth that law is capable of being legitimate. This is the foundation of the Incorporation Thesis. Insofar as the notion of legitimate authority is a concept with morally normative content, it is important to understand whether it is part of law’s nature that it claims legitimate authority. To this end, the chapter attempts to determine whether the arguments against the Incorporation Thesis succeed, as well as to facilitate a deeper understanding of the conceptual relationships between law and morality.

Keywords:   Authority Thesis, Incorporation Thesis, legitimate authority, institutional normative system, inclusive positivism

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