Abstract

Can the laws produced by patently illegitimate political institutions be authoritative, or are they like the rules of etiquette – rules we might have conclusive reasons to follow but which are not authoritative?[2] Exclude from the scope of this question laws that recapitulate or contradict independently valid moral principles and so are authoritative in virtue of their content. Let us instead query only whether laws that (i) do not recapitulate or contradict valid moral principles, and (ii) are products of illegitimate political authorities, can be authoritative. In this paper, I argue that they can: laws can have authority even while their “parent” political institutions do not