Legal truths and falsities

Ratio Juris 22 (1):95-109 (2009)
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Abstract

This paper has a two-pronged thesis. First, laws should be understood as making factual claims about the moral order. Second, the truth or falsity of these claims depends as much on the content of the law as on whether the lawmaker has political authority. In particular, laws produced by legitimate authorities are successful as laws when they guide subjects’ behavior by giving subjects authoritative reasons for action. This paper argues that laws produced by legitimate authorities accomplish this task by being on their own sufficient to change the moral state of affairs, which thereby generates for people new moral reasons to act that they can read right off of the legislation.

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2009-01-28

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Matthew Smith
Northeastern University

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