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    Law is a de facto authority — Carmelics
    Home/Democracy & Governance
    HistoryEditSee Inverse

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    Supports→Law necessarily claims to be a legitimate authority

    Law is a de facto authority

    Social Contract
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    Democracy & GovernanceSocial Contract

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    It is essential to law that law must be held to claim legitimate authorityLaw is an authoritative social institutionLaw necessarily claims to be a legitimate authority

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    Law necessarily claims to be a legitimate authority78%English law treats Parliament as having law-making authority.76%Kant distinguishes between legitimate authority and effective authorit...76%Spinoza's account of sovereign authority differs fundamentally from Ho...75%

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    SEP: lawphil-nature
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    A much more promising approach to the normativity of law is found in Joseph Raz’s theory of authority, which also shows how such a theory about the normativity of law entails important conclusions with respect to the conditions of legal validity (Raz 1994). The basic insight of Raz’s argument is that the law is an authoritative social institution. The law, Raz claims, is a de facto authority. However, it is also essential to law that it must be held to claim legitimate authority. Any particular

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