Invisible Author of Legal Authority

Law and Critique 7 (2):173-192 (1996)
Download Edit this record How to cite View on PhilPapers
Abstract
The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law.
PhilPapers/Archive ID
CONIAO-4
Revision history
Archival date: 2018-05-10
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2018-05-10

Total views
231 ( #19,073 of 50,090 )

Recent downloads (6 months)
36 ( #17,477 of 50,090 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.