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Full-Text Articles in Law
The 'Authority' Of Law: Joseph Raz Reconsidered, Andrew Stumpff Morrison
The 'Authority' Of Law: Joseph Raz Reconsidered, Andrew Stumpff Morrison
Law & Economics Working Papers
The article presents a critical reassessment of the legal philosophical writings of Joseph Raz. The critique develops from the author’s previous argument that law is – contra recent near-consensus – best understood as “the command of the sovereign, backed by force.” Given that this is the distinctly defining feature of law, Raz’s extended preoccupation with “reasons for obeying law” is misplaced and even nonsensical.
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
On The Nature Of Norms: Biology, Morality, And The Disruption Of Order, Owen D. Jones
Michigan Law Review
For a long time - and through the now-quaint division of disciplines - morals and norms have been set apart from other behaviorbiasing phenomena. They have also been set apart from each other. Morals are generally ceded in full to philosophers. Norms have been ceded to sociologists. In retrospect, it is not clear why this should be so. Reality is notoriously impervious to taxonomy, and the axis supposedly distinguishing morals from other norms is, after all, arbitrary. Moreover, behavior-biasing phenomena interact in important ways, making the study of parts - without more - just the study of parts. But one …