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The Authority of Law: Essays on Law and Morality

Joseph Raz , Columbia Law School Follow

Publication Date

https://doi.org/10.1093/acprof:oso/9780198253457.001.0001

Description

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 .

Disciplines

Jurisprudence | Law | Law and Philosophy | Legal Ethics and Professional Responsibility

9780199573561

Oxford University Press

New York, NY

The 1st edition (1979) of this title is available as an eBook through the Columbia University Libraries.

Recommended Citation

Raz, Joseph, "The Authority of Law: Essays on Law and Morality" (2009). Faculty Books . 251. https://scholarship.law.columbia.edu/books/251

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• DOI: 10.1093/ACPROF:OSO/9780198253457.001.0001
• Corpus ID: 154597500

The Authority of Law: Essays on Law and Morality

• Published 2 August 1979
• Law, Philosophy
• The Philosophical Review

803 Citations

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The Authority of Law: Essays on Law and Morality

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The authority of law : essays on law and morality.

Joseph Raz Published in 2009 in Oxford New York by Oxford University Press

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelse... show more

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9 The Functions of Law

• Published: August 1979
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The concept of the functions of law is of major importance. It is needed to explain the nature of law, to explain disciplines associated with law, to correctly interpret and apply law, to pinpoint the interaction of law with social norms and institutions, to determine which general principles to which the law should conform or deviate, and to explain the law within the context of normative philosophy. This chapter aims to contribute to the elaboration of the comprehensive reasoned scheme of the functions of the law. In it, the questions of the social functions of law are distinguished from the question of classifying legal norms into distinct normative types. The four primary functions of law – preventing undesirable behaviour and securing desirable behaviour which is performed in criminal law and torts; providing facilities for private arrangements between individuals, which is found in private law, criminal, and tort law; provisions of services and the redistribution of goods found in legal systems; and settling unregulated disputes found in courts and tribunals – are discussed in the chapter. It also tackles the secondary and indirect functions of the law. The secondary functions of the law include the determination of procedures for changing the law and the regulation of the operation of law-applying organs. The chapter concludes with the discussion of H.L.A. Hart's classification of law.

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