Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-9pm4c Total loading time: 0 Render date: 2024-04-28T01:38:22.309Z Has data issue: false hasContentIssue false

7 - The Normative Force of Law

Published online by Cambridge University Press:  05 July 2014

Liam Murphy
Affiliation:
New York University
Get access

Summary

In the previous chapter, I considered the possibility that the debate over the grounds of law is a waste of time, not because it is apparently intractable, though it is, but rather because it is about something that after all doesn’t matter. So long as we have theories of good governance (encompassing legitimacy, justice, and the rule of law), the ability to predict how individuals’ conduct will trigger reactions from legal institutions, and theories (one for each distinct kind of legal subject) of the prudential and moral relevance of legal materials, then we have no need for an account of how to determine the content of the law in force. Though this eliminativist view is not ridiculous on its face, in the end we should not accept it. People do accept the law, in Hart’s sense of treating it as a source of reasons for action, and different kinds of legal subjects (private subjects, officials of different kinds) most naturally explain the differences in the legal aspects of their practical situations in terms of their different standing with respect to the law – the different normative implications of the law for them and the different effects their decisions have on the development of the law. The distorting artificiality of trying to banish beliefs about the content of the law in force from practical deliberation is most clear when we consider the frame of mind of the lawmaker. Lawmakers do not think that they are creating legal materials that will have varying practical significance for people depending on their institutional role. They think that they are (justifiably) producing legal directives and power-conferring legal schemes that involve legitimate demands on our conduct. It is not clear that there is a coherent frame of mind available for lawmakers if they must stop thinking in this way.

Type
Chapter
Information
What Makes Law
An Introduction to the Philosophy of Law
, pp. 109 - 143
Publisher: Cambridge University Press
Print publication year: 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×