Chapter

Law and Authority

Roger A. Shiner

in Norm and Nature

Published in print September 1992 | ISBN: 9780198257196
Published online March 2012 | e-ISBN: 9780191681721 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257196.003.0005

Series: Clarendon Law Series

Law and Authority

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This chapter argues that to account properly for the nature of law, one must see that the law by nature ‘claims authority’ and does not merely ‘exercise sheer power’, because by nature law appeals specifically to our sense that serving the ends of justice is genuinely a reason for action, and that to act in accord with law is normally to act with that reason. The sophisticated positivistic account of law is important because it emphasizes this conceptual connection between law and legitimate authority.

Keywords: nature of law; legal philosophy; authority; sophisticated positivism

Chapter.  6205 words. 

Subjects: Jurisprudence and Philosophy of Law

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