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University of Michigan Law School

Public Law and Legal Theory

1984

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Legal Theory And The Obligation To Obey, Philip E. Soper Jan 1984

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.