The invisible author of legal authority

Dordrecht, Netherlands: Kluwer (1996)
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Abstract

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law.

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William Conklin
University of Windsor

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The trace of legal idealism in Derrida's grammatology.William E. Conklin - 1996 - Philosophy and Social Criticism 22 (5):17-42.

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