Joseph Raz famously argued that law necessarily makes moral claims. The present work evaluates that view, first looking briefly at problems raised by asserting that law ‘claims’ anything, but focusing primarily on the argument that law’s claim...
The article deals with the relationship between law and morality in Joseph Raz's theory of law. The focus is on Raz’s thesis that law necessarily claims legitimate, i.e. moral, authority. The article shows that the justifications given for this...
The article analyses Raz’s conceptualisation of legal norms as “protected” reasons, which is based on the assertion of their exclusionary force. He takes that conceptualisation to depend on his “service conception” of authority, which...
The paper argues that democracy depends on an essential relationship between political authority and epistemic, or as Raz has called it, theoretical authority. The notable loss of trust in established epistemic authorities, such as science and...
Legal positivism has been under attack, especially by doctrines contesting its proud claim of a conceptually necessary separation of law and morality. To such an attack the positivist reaction has been that of articulating on the one side a...
At first glance, the decisions of the German Federal Constitutional Court on the right to be forgotten, on climate protection and on the prohibition of assisted suicide services would appear to have little in common. On second glance, however,...