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Review article: Democracy, law and authority

Samantha Besson

Journal of Moral Philosophy 2 (1):89-99 (2005)

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Raz on Authority and Democracy.David Rondel - 2012 - Dialogue 51 (2):211-230.details ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or soundness of the outcomes it tends (...) Download Export citation Bookmark
(1 other version)Spain, Catalonia, and the Supposed Authority of the Judiciary.Maurits Helmich - 2020 - Jus Cogens 2 (3):259-279.details Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) Download Export citation Bookmark 1 citation
The Limits of Razian Authority.Adam Tucker - 2012 - Res Publica 18 (3):225-240.details It is common to encounter the criticism that Joseph Raz’s service conception of authority is flawed because it appears to justify too much. This essay examines the extent to which the service conception accommodates this critique. Two variants of this critical strategy are considered. The first, exemplified by Kenneth Einar Himma, alleges that the service conception fails to conceptualize substantive limits on the legitimate exercise of authority. This variant fails; Raz has elucidated substantive limits on jurisdiction within the service conception (...) Download Export citation Bookmark 2 citations
(1 other version)Spain, Catalonia, and the Supposed Authority of the Judiciary.Maurits Helmich - 2020 - Jus Cogens 2 (3):259-279.details Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) Download Export citation Bookmark 1 citation

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