INVESTIGADORES
VENEZIA Luciano Javier
artículos
Título:
MISTAKEN AUTHORITY AND OBLIGATION
Autor/es:
VENEZIA, LUCIANO
Revista:
Legal Theory
Editorial:
Cambridge University Press
Referencias:
Año: 2020 vol. 26 p. 338 - 351
ISSN:
1352-3252
Resumen:
Massimo Renzo argues that, as long as it is acting in good faith, an authority can issue orders that require subjects to act in ways that are morally wrong and still be acting within the scope of its jurisdiction, so that the orders are binding. This, however, is incorrect. If the authority is permitted to issue an order, it is acting within the scope of its jurisdiction and so the order creates an obligation. But if the authority is not permitted to issue the order, it is not acting within the scope of its jurisdiction and so the order does not create any obligation whatsoever. I develop my position and provide a model of mistaken authority through engagement with Renzo´s view.
