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    Law necessarily claims to be a legitimate authority — Carmelics
    Home/Democracy & Governance
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    Law necessarily claims to be a legitimate authority

    Democracy & GovernanceSocial Contract
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    • 1.Law is an authoritative social institution
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    • 2.Law is a de facto authority
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    • 3.It is essential to law that law must be held to claim legitimate authority
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    Democracy & GovernanceSocial Contract

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    It is essential to law that law must be held to claim legitimate authority

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    Law is a de facto authority
    Law is an authoritative social institution

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    Kant distinguishes between legitimate authority and effective authorit...83%For something to claim legitimate authority, its directives must be id...82%Democratic procedures have legitimate authority81%It is essential to law that law must be held to claim legitimate autho...80%

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    AI-extracted1/3 agreementValid
    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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    Validity: Extracted via Max plan + API grounding/validity checks

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    claim
    Perspectives
    1 (1 for, 0 against)
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    1 edit