Making Inclusive Positivism Compatible with Razian Authority
Abstract
Inclusive Legal Positivism is the view that morality may, but need not be part of the criteria for valid law. Joseph Raz has argued against this position by showing that law cannot be authoritative on the ILP view. In this paper I argue that ILP and Razian authority can in fact be made compatible by developing Jules Coleman's distinction between authority and legality. While the rule of recognition is a necessary condition for legality , it need not be a condition for authority . By elaborating on this distinction and further developing the argument, I conclude that one can be an inclusive positivist about law and a Razian about authority