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Full-Text Articles in Jurisprudence

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan Jun 2010

Delivering The Goods: Herein Of Mead, Delegations, And Authority, Patrick Mckinley Brennan

Patrick McKinley Brennan

This paper argues, first, that the natural law position, according to which it is the function of human law and political authorities to instantiate certain individual goods and the common good of the political community, does not entail judges' having the power or authority to speak the natural law directly. It goes on to argue, second, that lawmaking power/authority must be delegated by the people or their representatives. It then argues, third, that success in making law depends not just on the exercise of delegated power/authority, but also on the exercise of care and deliberation or, in the ...


The Dilemma Of Authority, Andrei Marmor Apr 2010

The Dilemma Of Authority, Andrei Marmor

University of Southern California Legal Studies Working Paper Series

The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: the special, practical import of an authority can only be explained on the background of an ...


Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan Jan 2010

Are Legislation And Rules A Problem In Law - Thoughts On The Work Of Joseph Vining, Patrick Mckinley Brennan

Villanova Law Review

No abstract provided.