Legal Theory 4 (1):1-20 (1998)

Authors
Joseph Raz
Columbia University
Abstract
Postema's article discusses, lucidly and probingly, a central jurisprudential idea, which he calls the autonomy thesis. In its general form it is shared by many writers who otherwise support divergent accounts of the nature of law. It is, according to Postema, a thesis that is meant to account for a core idea, that the law's “defining aim is to … unify public political judgment and coordinate social interaction.” In some form or another this core idea is probably supported by Postema himself. However, in this article his concern is to criticize what he takes to be the widespread belief that it is explained by the autonomy thesis. The autonomy thesis is flawed and must be rejected. In arguing to that conclusion he succumbs to one of the unattractive tendencies of contemporary legal and political philosophy, namely he does not discuss anyone's view, but a family of views. This allows one to construct one's target by selecting features from a variety of authors so that the combined picture is in fact no one's view, and all those cited as adhering to it would disagree with it.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1017/S1352325200000896
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 65,740
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Interpretation and Coherence in Legal Reasoning.Julie Dickson - 2008 - Stanford Encyclopedia of Philosophy.
Joseph Raz’s Theory of Authority.Kenneth Ehrenberg - 2011 - Philosophy Compass 6 (12):884-894.

View all 7 citations / Add more citations

Similar books and articles

Law's Autonomy and Public Practical Reason.Gerald Postema - 1996 - In Robert P. George (ed.), The Autonomy of Law: Essays on Legal Positivism. Oxford University Press. pp. 79--118.
What’s Special About Culture? Identity, Autonomy, and Public Reason.Phil Parvin - 2008 - Critical Review of International Social and Political Philosophy 11 (3):315-333.
Achieving Autonomy.Mark Piper - 2016 - Social Theory and Practice 42 (4):767-792.
Public Practical Reason: An Archeology.Gerald J. Postema - 1995 - Social Philosophy and Policy 12 (1):43-86.
An Archeology of Public Practical Reason.Gerald J. Postema - 1991 - Faculty of Law, University of Toronto.
Public Practical Reason: An Archeology*: GERALD J. POSTEMA.Gerald J. Postema - 1995 - Social Philosophy and Policy 12 (1):43-86.
Kantian Autonomy and Political Liberalism.Christian F. Rostbøll - 2011 - Social Theory and Practice 37 (3):341-364.
Salience Reasoning.Gerald J. Postema - 2008 - Topoi 27 (1-2):41-55.
Medical Ethics Needs a New View of Autonomy.R. L. Walker - 2008 - Journal of Medicine and Philosophy 33 (6):594-608.
How Much Should We Value Autonomy?Marina Oshana - 2003 - Social Philosophy and Policy 20 (2):99-126.
Raz on the Right to Autonomy.Nicole Hassoun - 2014 - European Journal of Philosophy 22 (1):96-109.

Analytics

Added to PP index
2013-12-01

Total views
61 ( #179,486 of 2,462,871 )

Recent downloads (6 months)
3 ( #223,431 of 2,462,871 )

How can I increase my downloads?

Downloads

My notes