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The Authority of Law

Mind 90 (359):441-443 (1979)

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  1. Commemoration and constriction.Chong-Ming Lim - forthcoming - The Journal of Ethics:1-20.
    In analysing the problems with commemorative artefacts, philosophers have tended to focus on objectionable monuments that honour inappropriate subjects. The problems with such monuments, however, do not exhaust problems with a society’s public commemorative landscape – the totality of public commemorative artefacts in general, and the institutions involved in their creation and maintenance. I argue that a public commemorative landscape can implicate authoritative ideas, including stereotypes about people in virtue of their group membership. This contributes to what I term hermeneutical (...)
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  • Official Disobedience: Bureaucrats & Unjust Laws.Mario I. Juarez-Garcia - 2024 - Criminal Law and Philosophy 18 (3):743-763.
    A legitimate expectation in a liberal democracy is that public officials enforce the law regardless of its content; when they don’t do so, their actions tend to be publicly condemned. This expectation puts street-level bureaucrats in a moral dilemma when they consider that a certain law is unjust: either they don’t enforce the law and violate their duties to the citizenry, or they enforce it and become complicit in injustices. This paper argues for the legal permission of public officials to (...)
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  • Breaking Up and the Value of Commitment.Richard Healey - 2023 - Ergo: An Open Access Journal of Philosophy 10.
    While love and personal relationships are the subjects of rich and sophisticated literatures, philosophical writing about the end of special relationships is much harder to come by. However, the end of special relationships is a significant part of our lives and gives rise to a number of philosophical questions. In this article, I explore the normative significance of the end of special relationships, with a particular focus on the case of breaking up in the context of committed romantic relationships. Specifically, (...)
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  • Thinking Together: Advising as Collaborative Deliberation.Joshua Habgood-Coote - 2024 - Philosophers' Imprint 24 (1).
    We spend a good deal of time thinking about how and when to advise others, and how to respond to other people advising us. However, philosophical discussions of the nature and norms advising have been scattered and somewhat disconnected. The most focused discussion has come from philosophers of language interested in whether advising is a kind of assertive or directive kind of speech act. This paper argues that the ordinary category of advising is much more heterogenous than has been appreciated: (...)
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  • “Political disobedience and the climate emergency”.William E. Scheuerman - 2021 - Philosophy and Social Criticism 48 (6):791-812.
    Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...
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  • Attitude and Social Rules, or Why It's Okay to Slurp Your Soup.Jeffrey Kaplan - 2021 - Philosophers' Imprint 21 (28).
    Many of the most important social institutions—e.g., law and language—are thought to be normative in some sense. And philosophers have been puzzled by how this normativity can be explained in terms of the social, descriptive states of affairs that presumably constitute them. This paper attempts to solve this sort of puzzle by considering a simpler and less contentious normative social practice: table manners. Once we are clear on the exact sense in which a practice is normative, we see that some (...)
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  • Ideální konsenzus, reálná diverzita a výzva veřejného ospravedlnění: k limitům idealizace v liberální politické teorii [Ideal Consensus, Real Diversity, and the Challenge of Public Justification: On the Limits of Idealisation in Liberal Political Theory].Matouš Mencl & Pavel Dufek - 2021 - Acta Politologica 2 (13):49–70.
    The paper deals with the methodological clash between idealism and anti-idealism in political philosophy, and highlights its importance for public reason (PR) and public justification (PJ) theorising. Upon reviewing the broader context which harks back to Rawls’s notion of a realistic utopia, we focus on two major recent contributions to the debate in the work of David Estlund (the prototypical utopian) and Gerald Gaus (the cautious anti-utopian). While Estlund presents a powerful case on behalf of ideal theorising, claiming that motivational (...)
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  • Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):40-55.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  • Spain, Catalonia, and the Supposed Authority of the Judiciary.Maurits Helmich - 2020 - Jus Cogens 2 (3):259-279.
    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 (...)
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  • Obedience and Disobedience in Plato’s Crito and the Apology: Anticipating the Democratic Turn of Civil Disobedience.Andreas Marcou - 2020 - The Journal of Ethics 25 (3):339-359.
    Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...)
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  • Are all practical reasons based on value?Benjamin Kiesewetter - 2022 - Oxford Studies in Metaethics 17:27-53.
    According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...)
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  • Authoritative Knowledge.Juan S. Piñeros Glasscock - 2020 - Erkenntnis 87 (5):2475-2502.
    This paper investigates ‘authoritative knowledge’, a neglected species of practical knowledge gained on the basis of exercising practical authority. I argue that, like perceptual knowledge, authoritative knowledge is non-inferential. I then present a broadly reliabilist account of the process by which authority yields knowledge, and use this account to address certain objections.
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  • Right to be Punished?Adriana Placani & Stearns Broadhead - 2020 - European Journal of Analytic Philosophy 16 (1):53-74.
    It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the (...)
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  • Heroical Apatheism: Mala Fide Bootstrapping Obligations.Ian Von Hegner - 2018 - Journal of Philosophy, Culture and Religion 39 (2018):76-92.
    Discussions on hypothetical gods virtually always focus on the latter’s existence or nonexistence. However, this is only the secondary question. Heroical apatheism distinguishes these questions from the primary question, which pertains to the importance of these gods. It is a deeply ingrained assumption that if the gods have created the universe and humankind, then this implicitly entails the obligations that these gods must be worshipped and obeyed. These relations between existence and acts and worship and obedience to the gods are (...)
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  • Two Tales of Civil Disobedience: A Reply to David Lefkowitz.Kimberley Brownlee - 2018 - Res Publica 24 (3):291-296.
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  • Defining Normativity.Stephen Finlay - 2019 - In Toh Kevin, Plunkett David & Shapiro Scott (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. New York: Oxford University Press. pp. 62-104.
    This paper investigates whether different philosophers’ claims about “normativity” are about the same subject or (as recently argued by Derek Parfit) theorists who appear to disagree are really using the term with different meanings, in order to cast disambiguating light on the debates over at least the nature, existence, extension, and analyzability of normativity. While I suggest the term may be multiply ambiguous, I also find reasons for optimism about a common subject-matter for metanormative theory. This is supported partly by (...)
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  • Uncivil Disobedience: Political Commitment and Violence.N. P. Adams - 2018 - Res Publica 24 (4):475-491.
    Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with (...)
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  • Two Concepts of Basic Equality.Nikolas Kirby - 2018 - Res Publica 24 (3):297-318.
    It has become somewhat a commonplace in recent political philosophy to remark that all plausible political theories must share at least one fundamental premise, ‘that all humans are one another's equals’. One single concept of ‘basic equality’, therefore, is cast as the common touchstone of all contemporary political thought. This paper argues that this claim is false. Virtually all do indeed say that all humans are ‘equals’ in some basic sense. However, this is not the same sense. There are not (...)
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  • What Can One Expect from Logic in the Law? (Not Everything, but More than Something: A Reply to Susan Haack).Eugenio Bulygin - 2008 - Ratio Juris 21 (1):150-156.
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  • Bentham on the Public Character of Law.Gerald J. Postema - 1989 - Utilitas 1 (1):41-61.
    Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...)
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  • Understanding standing: permission to deflect reasons.Ori J. Herstein - 2017 - Philosophical Studies 174 (12):3109-3132.
    Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...)
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  • Law and Authority Under the Guise of the Good, by Veronica Rodriguez-Blanco.Ori J. Herstein - 2016 - Mind 125 (500):1213-1222.
    Law and Authority Under the Guise of the Good, by Rodriguez-BlancoVeronica. Oxford : Hart Publishing, 2014. Pp. 215.
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  • Samaritanism and Civil Disobedience.Candice Delmas - 2014 - Res Publica 20 (3):295-313.
    In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey (...)
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  • Theological voluntarism.Mark Murphy - 2019 - Stanford Encyclopedia of Philosophy 2019.
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  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • A factor-based definition of precedential constraint.John F. Horty & Trevor J. M. Bench-Capon - 2012 - Artificial Intelligence and Law 20 (2):181-214.
    This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...)
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  • Why Toleration Is Not the Appropriate Response to Dissenting Minorities' Claims.Emanuela Ceva - 2012 - European Journal of Philosophy 23 (3):633-651.
    For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...)
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  • Victimless Conduct and the Volenti Maxim: How Consent Works. [REVIEW]Michelle Madden Dempsey - 2013 - Criminal Law and Philosophy 7 (1):11-27.
    This article examines the normative force of consent, explaining how consent works its “moral magic” in transforming the moral quality of conduct that would otherwise constitute a wrong against the consenting person. Dempsey offers an original account of the normative force of consent, according to which consent (when valid) creates an exclusionary permission . When this permission is taken up, the moral quality of the consented-to conduct is transformed, such that it no longer constitutes a wrong against the consenting person. (...)
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  • Lost in the System or Lost in Translation? The Exchanges between Hart and Ross.E. N. G. Svein - 2011 - Ratio Juris 24 (2):194-246.
    According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...)
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  • Decisions, Diachronic Autonomy, and the Division of Deliberative Labor.Luca Ferrero - 2010 - Philosophers' Imprint 10:1-23.
    It is often argued that future-directed decisions are effective at shaping our future conduct because they give rise, at the time of action, to a decisive reason to act as originally decided. In this paper, I argue that standard accounts of decision-based reasons are unsatisfactory. For they focus either on tie-breaking scenarios or cases of self-directed distal manipulation. I argue that future-directed decisions are better understood as tools for the non-manipulative, intrapersonal division of deliberative labor over time. A future-directed decision (...)
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  • Form and Substance in Legal Reasoning: Two Conceptions.Matti Ilmari Niemi - 2010 - Ratio Juris 23 (4):479-492.
    There are two possible ways to understand form and substance in legal reasoning. The first refers to the distinction between concepts and their applications, whereas the second concentrates on the difference between authoritative and non-authoritative reasons. These approaches refer to the formalistic and positivistic conceptions of the law, the latter being the author's point of departure. Nevertheless, they are both helpful means of analysis in legal interpretation. Interpretation is divided into formal and substantive justification. They have certain functions and they (...)
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  • The Rule of Law in Contemporary Liberal Theory.Jeremy Waldron - 1989 - Ratio Juris 2 (1):79-96.
    Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.
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  • The Limits of Tolerance: A Substantive-Liberal Perspective.Yossi Nehushtan - 2007 - Ratio Juris 20 (2):230-257.
    In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers a guideline for a substantive-liberal or a perfectionist-liberal approach to it. The limits of tolerance are described through the principles of reciprocity and proportionality. The former explains why intolerance should not be tolerated whereas the latter prescribes how and to (...)
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  • Law's Halo.Donald H. Regan - 1986 - Social Philosophy and Policy 4 (1):15.
    Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation – and I shall clarify what I mean when I say there is no moral obligation to obey the law – as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the (...)
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  • Law as justice.Michael S. Moore - 2001 - Social Philosophy and Policy 18 (1):115-145.
    A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as while those who hold that some such relationship exists are usually tagged with the label Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; (...)
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  • The structure of social practices and the connection between law and morality.Giorgio Bongiovanni, Antonino Rotolo, Corrado Roversi & Chiara Valentini - 2009 - Ratio Juris 22 (1):1-23.
    In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...)
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  • Validity, Rule of Recognition and Stability: Revisiting Analytical Concepts from the Law‐Morals Connection.Miguel Álvarez Ortega - 2012 - Ratio Juris 25 (2):247-262.
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  • Legitimate Expectations: Assessing Policies of Transformation to a Low-Carbon Society.Lukas H. Meyer & Santiago Truccone-Borgogno - 2022 - Environmental Values 31 (6):701-720.
    Legitimate expectations should be considered in the transition to a low-carbon society. After explaining under what conditions and circumstances expectations are legitimate, this paper shows that those expectations whose frustration undermines the ability to plan, infringes basic moral rights, or is extremely costly for its bearer might justify a deviation in the baseline of justice in favour of the expectation holder. People should be notified about the likely frustration of their expectations so that they can avoid the frustration of their (...)
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  • The Shared Perception of Social Contexts and Its Conditions for Possibility.Alessio Lo Giudice - 2009 - Ratio Juris 22 (3):395-415.
    Pragmatist reinterpretations of both deliberative‐communicative theory and legal positivism point out the mentalist fallacy entailed by these prevalent models. I argue that pragmatist approaches imply analogous erroneous beliefs since they presuppose as given the shared perception of social contexts. Therefore they take for granted the shared interpretation of social problems and shared selection of common goals. Hence I advance the necessity of inquiring into the possibility conditions for a shared perception of social contexts. This would entail the organization of institutional (...)
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  • The nature of law.Andrei Marmor - 2008 - Stanford Encyclopedia of Philosophy.
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  • The Structure of the Conflict between Authority and Autonomy.Juan Iosa - 2014 - Canadian Journal of Law and Jurisprudence 27 (2):415-438.
    I propose a set of distinctions that demarcate the structure that I consider suitable for the study and determination of the true value of the thesis of conceptual incompatibility between authority and autonomy. I begin with an analysis of the standard conception of authority, i.e., correlativism. I distinguish two versions: the epistemic and the voluntarist. Then I offer an analysis of two conceptions of moral autonomy: self-legislation and self-judgment. I conclude by remarking that we should distinguish two different versions of (...)
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  • Political obligation.Richard Dagger - unknown - Stanford Encyclopedia of Philosophy.
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  • AI, Radical Ignorance, and the Institutional Approach to Consent.Etye Steinberg - 2024 - Philosophy and Technology 37 (3):1-26.
    More and more, we face AI-based products and services. Using these services often requires our explicit consent, e.g., by agreeing to the services’ Terms and Conditions clause. Current advances introduce the ability of AI to evolve and change its own modus operandi over time in such a way that we cannot know, at the moment of consent, what it is in the future to which we are now agreeing. Therefore, informed consent is impossible regarding certain kinds of AI. Call this (...)
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  • The Compact Compendium of Experimental Philosophy.Alexander Max Bauer & Stephan Kornmesser (eds.) - 2023 - Berlin and Boston: De Gruyter.
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  • Las ciencias de la naturaleza en la primera edición de la “Teoría pura del derecho” de Hans Kelsen.Fernando Beresñak - 2019 - Isonomía. Revista de Teoría y Filosofía Del Derecho 50:81-115.
    Hans Kelsen comienza su “Prólogo” a la Teoría pura del Derecho afirmando que tuvo como objetivo depurar al derecho de las intromisiones extrajurídicas provenientes de las ciencias de la naturaleza y de toda ideología política. A partir de esa consideración, el canon crítico posterior insistió principalmente en el segundo aspecto de la depuración. Es cierto que la pretensión de posicionar el análisis de la ciencia jurídica por fuera de toda ideología es sumamente problemática. Pero consideramos que, sin atender la depuración (...)
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  • Construcción Del “trato igual” O “dilema de la democracia”.Rolando Tamayo Y. Salmorán - 2015 - Isonomía. Revista de Teoría y Filosofía Del Derecho 42:111-145.
    El artículo explora las relaciones entre el derecho, la democracia y el imperativo del trato igual, deteniéndose en el desarrollo de nociones como “comunidad política”, “actos políticos” o “derechos”, y proponiendo un entendimiento específico de los “derechos democráticos” en cuyo contexto el derecho de igual acceso a la protección judicial juega un papel crucial. El análisis combina exploraciones en el plano del lenguaje jurídico dogmático con acometidas filosóficas, filológicas, históricas y sociopolíticas, en consonancia con la idea de que las fuentes (...)
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  • Grounding-based formulations of legal positivism.Samuele Chilovi - 2020 - Philosophical Studies 177 (11):3283-3302.
    The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is (...)
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  • On the Undecidability of Legal and Technological Regulation.Peter Kalulé - 2019 - Law and Critique 30 (2):137-158.
    Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...)
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  • The Institutionality Of Legal Validity.Kenneth M. Ehrenberg - 2020 - Philosophy and Phenomenological Research 100 (2):277-301.
    The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...)
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  • Legal Positivism and Deontic Detachment.Robert Mullins - 2018 - Ratio Juris 31 (1):4-8.
    I consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so-called “social facts thesis” applies to all legal propositions. According to the social facts thesis, the existence and content of law is determined by the attitudes or practices of legal officials. Abandoning deontic detachment is not an appropriate solution to the problem—the (...)
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