Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law
From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third sect...
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Universidade Federal de Santa Catarina
2019-12-01
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| Series: | Ethic@: an International Journal for Moral Philosophy |
| Online Access: | https://periodicos.ufsc.br/index.php/ethic/article/view/60957 |
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| author | Ramiro Ávila Peres |
| author_facet | Ramiro Ávila Peres |
| author_sort | Ramiro Ávila Peres |
| collection | DOAJ |
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From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice.
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| format | Article |
| id | doaj-art-b37411832d4a4831bc3e366e279f41fc |
| institution | OA Journals |
| issn | 1677-2954 |
| language | English |
| publishDate | 2019-12-01 |
| publisher | Universidade Federal de Santa Catarina |
| record_format | Article |
| series | Ethic@: an International Journal for Moral Philosophy |
| spelling | doaj-art-b37411832d4a4831bc3e366e279f41fc2025-08-20T01:48:38ZengUniversidade Federal de Santa CatarinaEthic@: an International Journal for Moral Philosophy1677-29542019-12-0118310.5007/1677-2954.2019v18n3p31933829Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into LawRamiro Ávila Peres0https://orcid.org/0000-0002-9376-2105Universidade Federal do Rio Grande do Sul From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. https://periodicos.ufsc.br/index.php/ethic/article/view/60957 |
| spellingShingle | Ramiro Ávila Peres Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law Ethic@: an International Journal for Moral Philosophy |
| title | Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law |
| title_full | Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law |
| title_fullStr | Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law |
| title_full_unstemmed | Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law |
| title_short | Interpreting the Claim to Legitimate Authority: an Analysis of Joseph Raz's Objection Against Incorporating Moral Norms into Law |
| title_sort | interpreting the claim to legitimate authority an analysis of joseph raz s objection against incorporating moral norms into law |
| url | https://periodicos.ufsc.br/index.php/ethic/article/view/60957 |
| work_keys_str_mv | AT ramiroavilaperes interpretingtheclaimtolegitimateauthorityananalysisofjosephrazsobjectionagainstincorporatingmoralnormsintolaw |