Question: Do you agree with Raz that the key to understanding law lies in understanding authority and, given that, Dworkin’s theory and the soft positivism of Hart’s Postscript must fail?
Answer: Raz believes that any theory of law needs to account for the phenomenon of authority. If it cannot account for the authority of law, then according to Raz it is not a valid theory. Raz argues for reasons which we will discuss, that neither Hart nor Dworkin can account for the authority of law. Their theories cannot explain the moral authority of law, i.e. its claim to do more than command. Raz argues that only hard positivism can do that. Furthermore, Raz also looks at the question of whether it can be said that a rule is a rule of law because it is morally binding, and whether a rule can ever fail to be legally binding on the ground that it is morally unacceptable. Raz splits his analysis into three different theories and considers their account of authority, and whether it can be said th......(short extract)
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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2460 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 670
