Beyond the Law-State: The Adequacy of Raz’s Account of Legal Systems in Explaining Intra-State and Supra-State Legality.

Ratio Juris 28 (1):149-158 (2015)
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Abstract

I argue that there are two conceptions of ‘comprehensiveness’: 1) Raz’s strong conception whereby comprehensiveness entails supremacy, and 2) a weak conception whereby comprehensiveness does not entail supremacy. The latter is sufficient to distinguish legal and non-legal authorities, and unlike Raz’s notion of comprehensiveness, allows one to account for both intra-state forms of legality (e.g., the federal-provincial relation in Canada) and supra-state forms of legality (e.g., the European Union). Moreover, although it is ideal for legal systems to claim supremacy, it is not necessary – it is possible for legal systems to recognize as valid the norms of other legal systems.

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Jennifer W. Primmer
McMaster University

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.
A general jurisprudence of law and society.Brian Z. Tamanaha - 2001 - New York: Oxford University Press.
Legality's Borders: An Essay in General Jurisprudence.Keith Charles Culver - 2010 - Oxford University Press. Edited by Michael Giudice.

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