The Authority of Law: Essays on Law and Morality

Description

Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values. Copyright Preface to the Second Edition Contents I Law and Authority 1 Legitimate Authority The Paradoxes A Methodological Detour The Simple Explanation First Objection to the Simple Explanation Second Objection to the Simple Explanation Normative Power Power and Authority Refuting the Objections Dissolving the Paradoxes 2 The Claims of Law II The Nature of Law and Natural Law 3 Legal Positivism and the Sources of Law The Nature of Legal Positivism The Social Thesis The Sources of Law 4 Legal Reasons, Sources, and Gaps Professor Dworkin’s Refutation of Positivism A. The Refutation B. Positive/Negative Solution C. The True/False Solution D. The Prima Facie Solution Sources and Laws A. Open Questions B. Legal Statements C. Sources as Reasons D. Ultimate Legal Rules Legal Gaps A. The Nature of Gaps B. Indeterminacy and Gaps C. Conflict and Gaps D. Closure Rules 5 The Identity of Legal Systems The Problem Isolated The Problem Clarified A. The Relation of Existence and Efficacy of Laws B. The Distinction between Making a New Law and Applying an Existing One C. The Relation of Law and State 6 The Institutional Nature of Law Introduction Primary Institutions The Limits of Law The Uniqueness of Law The Importance of Law 7 Kelsen’s Theory of The Basic Norm Explaining the Doctrine The Basic Norm and the Unity of Legal Systems Kelsen on Natural Law Theories The Basic Norm and a Value-free Study of Law Kelsen on the Nature of the Normativity of Law An Individual’s ‘Point of View’ ‘The Legal Point of View’ Conclusion 8 Legal Validity Its Nature Systemic Validity Statements from a Point of View Validity and Positivism III Internal Legal Values 9 The Functions of Law Social Functions of the Law Primary Functions Secondary and Indirect Functions A. Secondary Functions B. Indirect Social Functions On H. L. A. Hart’s Classification of Laws 10 Law and Value in Adjudication The Problem Regulated Disputes—Distinguishing Regulated Disputes—Overruling Regulated Disputes—Closure Rules Unregulated Disputes Judicial Law-Making and Legislation Conservative Restraints Analogical Reasoning The Continuity of Applying and Making Law 11 The Rule of Law and its Virtue The Basic Idea Some Principles The Value of the Rule of Law The Rille of Law and its Essence Some Pitfalls IV Moral Attitudes to the Law 12 The Obligation to Obey the Law The Character of the Obligation Moral Reasons to Obey Prudential Reasons to Obey Good Law without an Obligation to Obey 13 Respect for Law A Paradoxical Claim Friendship: An Analogy Respect for Law: The Analogy The Worth of Respect 14 A Right to Dissent? I. Civil Disobedience Forms of Dissent Common Philosophical Attitudes to Civil Disobedience A Right to Political Participation Civil Disobedience in a Liberal State 15 A Right to Dissent? II. Conscientious Objection Conscience and Respect for Persons Conscience and the Purpose of Law Freedom of Conscience and A Right to Object V Appendices 16 The Purity of the Pure Theory I. II. III. IV. V. VI. VII. 17 The Argument from Justice, or How Not to Reply to Legal Positivism Identifying Legal Positivism Observers and Participants The Correctness Thesis The Argument from Injustice The Argument from Principle Index