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Raz on Gaps: The Surprising Part

In Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press (2003)

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  1. The Persistent Significance of Jurisdiction.Dimitrios Kyritsis - 2012 - Ratio Juris 25 (3):343-367.
    According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...)
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