The Scope of the Participant's Perspective in Joseph Raz's Theory of Law

PAULA GAIDO

The Canadian Journal of Law and Jurisprudence

University of Western Ontario

Año: 2012 vol. XXV p. 347 - 357

0841-8209

In this article I will explore Joseph Raz´s methodological thesis about the conceptual priority of the participants of legal practices in the understanding of law. In particular, I will contend that given the participant´s conceptual priority in the understanding of law we must conclude that legitimate authority is a necessary property of law. I will argue that to maintain that a claim to legitimate authority is the necessary property of law, and not legitimate authority itself, as Raz does, we must abandon the participant´s perspective. I will defend that Raz introduces his thesis of the claim to legitimate authority of law without further justification, and deprives it from support from a methodological point of view. (Canadian Journal of Law and Jurisprudence está indexada por: Index to Legal Periodicals, Philosopher?s Index -según miar.ub.edu)