Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
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.
Paradoxes Of Fair Division, Paul H. Edelman, Steven J. Brams, Peter C. Fishburn
Paradoxes Of Fair Division, Paul H. Edelman, Steven J. Brams, Peter C. Fishburn
Vanderbilt Law School Faculty Publications
Paradoxes, if they do not define a field, render its problems intriguing and often perplexing, especially insofar as the paradoxes remain unresolved. Voting theory, for example, has been greatly stimulated by the Condorcet paradox, which is the discovery by the Marquis de Condorcet that there may be no alternative that is preferred by a majority to every other alternative, producing so-called cyclical majorities. Its modern extension and generalization is Arrow's theorem, which says, roughly speaking, that a certain set of reasonable conditions for aggregating individuals' preferences into some social choice are inconsistent. In the last fifty years, hundreds of books …