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Journal ArticleDOI

The Authority of Law: Essays on Law and Morality

Joseph Raz
- 02 Aug 1979 - 
- Vol. 91, Iss: 3, pp 461
TLDR
In this article, the authors present a new analysis of the concept of legitimate authority and give a detailed explanation of the legal positivist's approach to law, emphasizing its moral importance.
Abstract
This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a new analysis of the concept of legitimate authority and then gives a detailed explanation of the legal positivist's approach to law. Within this framework the author examines several areas where legal analysis is often thought to be impregnated with moral values, namely the social functions of law, the ideals of the rule of law, and the role of the courts. The last part of the book is devoted to some key substantive problems. The author argues that there is no obligation to obey the law. He provides a new analysis of respect for law, emphasizing its moral importance. The author maintains there is no right to civil disobedience in a liberal state (though actos of civil disobedience may occasionally be justified even in such a state) and he argues for a right of conscientious objection in certain areas.

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Journal ArticleDOI

Procedural Justice, Legitimacy, and the Effective Rule of Law

Tom R. Tyler
- 01 Jan 2003 - 
TL;DR: In this paper, the authors suggest that the key factor shaping public behavior is the fairness of the processes legal authorities use when dealing with members of the public, both during personal experiences with legal authorities and when community residents are making general evaluations of the law and of legal authorities.
Journal ArticleDOI

The rule of law

Lord Bingham
TL;DR: The Sixth Sir David Williams Lecture as discussed by the authors was the first lecture devoted to the rule of law in the UK, which was held at the University of Sheffield in the early 1990s.
Journal ArticleDOI

Representation Rethought: On Trustees, Delegates, and Gyroscopes in the Study of Political Representation and Democracy

TL;DR: The trustee/delegate problem as discussed by the authors is defined as "how closely a representative's votes in the legislature should correspond to their constituents' preferences." The problem is defined by a tripartite formulation of three distinctions: aim, source of judgment, and responsiveness.
Book ChapterDOI

Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework

Paul Craig
- 01 Jan 1997 - 
TL;DR: The distinction between formal and substantive meanings of the rule of law has been discussed in this article, where it is shown that one of the principal advocates of the formal notion of law, Raz, is also a leading exponent of legal positivism.