In defense of content-independence

Legal Theory 23 (3):143-167 (2017)
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Abstract

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute content-independent reasons is consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws.

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N. P. Adams
University of Virginia

References found in this work

Trust and antitrust.Annette Baier - 1986 - Ethics 96 (2):231-260.
Experts: Which ones should you trust?Alvin I. Goldman - 2001 - Philosophy and Phenomenological Research 63 (1):85-110.
Rule Over None II: Social Equality and the Justification of Democracy.Niko Kolodny - 2014 - Philosophy and Public Affairs 42 (4):287-336.
Democratic Equality and Political Authority.Daniel Viehoff - 2014 - Philosophy and Public Affairs 42 (4):337-375.
Rule Over None I: What Justifies Democracy?Niko Kolodny - 2014 - Philosophy and Public Affairs 42 (3):195-229.

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