
Between Authority and Interpretation
On the Theory of Law and Practical Reason
Joseph Raz(Author)
Oxford University Press
1st Edition
Published on 9. September 2010
Book
Paperback/Softback
424 pages
978-0-19-959637-9 (ISBN)
Description
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason.
The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established.
The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them.
The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation.
Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established.
The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them.
The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation.
Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Reviews / Votes
...an indispensable contribution. * Scott Hershovitz, Mind * Raz's argument is clever, and because it shows how little the case for interpreting laws in accord with the intentions of those who made them depends on the nature of law, it is an indispensable contribution to a literature that is all to often the opposite. * Scott Hershovitz, Mind *More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Advanced students and academics in philosophy and in law
Dimensions
Height: 216 mm
Width: 138 mm
Thickness: 25 mm
Weight
526 gr
ISBN-13
978-0-19-959637-9 (9780199596379)
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Schweitzer Classification
Other editions
Additional editions

E-Book
02/2009
OUP eBook
€33.99
Available for download

Book
02/2009
Oxford University Press
€175.60
Shipment within 15-20 days
Person
Joseph Raz has been teaching in Oxford since 1972. He has held a chair in the philosophy of law since 1985, and has been a Research Professor since 2006. He has also held a professorship at Columbia University since 2002. He is a fellow of the British Academy and a Foreign Honorary Member of the American Academy of Arts and Sciences.
Author
Research Professor, Oxford University and Professor, Columbia University Law School
Content
1. Introduction ; I: METHODOLOGICAL ISSUES ; 2. Can there be a Theory of Law? ; 3. Two Views of the Nature of the Theory of Law: A Partial Comparison ; II: LAW, AUTHORITY AND MORALITY ; 4. On the Nature of Law ; 5. The Problem of Authority: Revisiting the Service Conception ; 6. About Morality and the Nature of Law ; 7. Incorporation by Law ; 8. Reasoning with Rules ; III: INTERPRETATION ; 9. Why Interpret? ; 10. Interpretation Without Retrieval ; 11. Intention in Interpretation ; 12. Interpretation: Pluralism and Innovation ; 13. On the Authority and Interpretation of Constitutions: Some Preliminaries ; APPENDIX ; 14. Postema on Law's Autonomy and Public Practical Reasons: A Critical Comment