Chapter

How Law Claims, What Law Claims

John Gardner

in Law as a Leap of Faith

Published in print September 2012 | ISBN: 9780199695553
Published online January 2013 | e-ISBN: 9780191741296 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199695553.003.0005
How Law Claims, What Law Claims

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This chapter discusses the idea that law makes certain distinctive claims, an idea familiar from the work of both Robert Alexy and Joseph Raz. The chapter begins by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. The chapter then discusses whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, it discusses the content of law's moral claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority?

Keywords: claim; personification; morality; correctness; authority; Raz; Alexy; Dworkin

Chapter.  9966 words. 

Subjects: Jurisprudence and Philosophy of Law

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