Between Authority and Interpretation: On the Theory of Law by Joseph Raz

By Joseph Raz

During this ebook Joseph Raz develops his perspectives on a number of the relevant questions in functional philosophy: criminal, political, and ethical. The booklet presents an summary of Raz's paintings on jurisprudence and the character of legislation within the context of broader questions within the philosophy of functional cause.

The booklet opens with a dialogue of methodological concerns, concentrating on knowing the character of jurisprudence. It asks how the character of legislation should be defined, and the way the good fortune of a felony conception may be verified. The e-book then addresses critical questions about the character of legislation, its relation to morality, the character and justification of authority, and the character of criminal reasoning. It explains how valid legislations, whereas being a department of utilized morality, is usually a comparatively self sustaining procedure, which has the aptitude to bridge ethical adjustments between its topics. Raz deals responses to a couple serious reactions to his thought of authority, adumbrating, and editing the idea to fulfill a few of them.

The ultimate a part of the booklet brings jointly for the 1st time Raz's paintings at the nature of interpretation in legislation and the arts. It encompasses a new essay explaining interpretive pluralism and the opportunity of interpretive innovation.

Taken jointly, the essays within the quantity provide a precious advent for college kids coming for the 1st time to Raz's paintings within the philosophy of legislations, and an unique contribution to a number of the present debates in functional philosophy.

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Extra info for Between Authority and Interpretation: On the Theory of Law and Practical Reason

Example text

Different cultures have different concepts of law. There is no one concept of law, and when we refer to the concept of law we just mean our concept. Therefore, to the extent that the inquiry is limited to the nature of law as understood in accordance with our concept of it it is a parochial study of an aspect of our culture rather than a universal study of the nature of law as such. Far from coming together, as has been suggested above, the study of the nature of law as such and of our self-understanding (in as much as it is encapsulated in our concept of law) are inimical to each other.

We can accept that complete mastery of these concepts involves knowing that they apply to the same triangles, knowledge that the conditions for their complete mastery are the same. But they apply to the same triangles in different ways, for different reasons, the one because they are equilateral, while the other because they are equiangular. How does this difference manifest itself? Primarily by the fact that concepts are individuated not merely by the conditions for their complete mastery, but also by the minimal conditions for having them.

Some concepts are different. Arguably since gifts are gifts only if intentionally given as such there cannot be gifts among people who do not possess the concept of a gift. As we saw, something like this is true of rules. People are not guided by rules unless they are aware of them as rules. But, and that is the crucial point, they need not be aware of rules as legal rules in order to be guided by rules which are in fact legal. On reflection there is nothing surprising in this. Of crucial importance is the fact that concepts like that of the law are essential not only to our understanding of the practices and institutions of our own societies, but also to our understanding of other societies.

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