Abstract
Thus far, we have examined individual autonomy and how it is effected by external considerations. In doing so, we have seen that autonomy is not only compatible with a variety of external influences on the determination of action, but is even compatible with certain forms of authority (the implication being that it is the model of authority which is compatible with autonomy that we should recognize). We shall now turn our attention to a specific form of authority — that which society exercises over its citizens. This form of authority has interested man for centuries in the form of questions concerning the relation of the individual to society, of freedom and authority, and of individual vs. social goods.
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References
Hayek, F.A. The Constitution of Liberty (University of Chicago Press, 1960 ), pp. 156–157.
See Raz, Joseph The Concept of a Legal System (Oxford University Press, 1970); Practical Reason and Norms (re-printed by Princeton University Press, 1990); The Authority of Law (Oxford University Press, 1979); The Morality of Freedom (Oxford University Press, 1986 ).
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See Raz, Joseph The Authority of Law, ( New York: Oxford University Press, 1979 ), pp. 234–237.
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See Hart, H.L.A. Essays on Bentham (New York: Oxford University Press, (1982)
Raz, Joseph Practical Reason and Norms ( Princeton: Princeton University Press, 1990 ).
Raz, The Morality of Freedom, p.42.
Raz, The Authority of Law, p.237.
Raz, The Authority of Law, p.238.
Raz, The Authority of Law, p.238.
Raz, The Authority of Law, p.238.
Raz, The Authority of Law, p.238.
Raz, The Authority of Law, p.239. See also Raz, “Promises and Obligation”. 15 Raz, The Authority of Law, p.239.
Raz, The Authority of Law, p.239.
Raz, The Authority of Law, p.239.
Raz, The Authority of Law, p.239.
Raz, The Authority of Law, p.240.
Raz, The Authority of Law p.240. 21Singer, Peter Democracy and Disobedience, ( New York: Oxford University Press, 1973 ).
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Raz, The Authority of Law, p.241.
Singer, Democracy and Disobedience, p.38.
Raz, The Authority of Law, p.242. 26Raz, The Authority of Law, p.242.
See Raz, The Authority of Law, p.243. 28Raz, The Authority of Law, p.244. 29 Raz, The Authority of Law, pp.234–237. 30As discussed in chapter five.
Raz, The Morality of Freedom, p.41.
Gans, Philosophical Anarchism and Political Disobedience, p.39.
F.A. Hayek believes the predictability of the behavior of others which the law provides to be vital if people are to “control” their own lives. See The Constitution of Liberty (Chicago: University of Chicago Press, 1960 ), p.157; See also my paper “The Concept of Autonomy”, American Philosophical Quarterly (April 1994 ).
See H.L.A. Hart’s discussion of the “rules of recognition” in The Concept of Law ( New York: Oxford University Press, 1961 ), pp. 97–107.
See Raz, Practical Reason and Norms.
Raz, Joseph, “Reasons for Actions, Decisions and Norms” in Raz, Joseph (ed.) Practical Reasoning, ( New York: Oxford University Press, 1978 ), p. 130.
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© 1998 Springer Science+Business Media Dordrecht
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May, T. (1998). Autonomy and the Authority of Law. In: Autonomy, Authority and Moral Responsibility. Law and Philosophy Library, vol 33. Springer, Dordrecht. https://doi.org/10.1007/978-94-015-9030-3_8
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DOI: https://doi.org/10.1007/978-94-015-9030-3_8
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