Wednesday 15 February 2023 5:00pm to 6:00pm
Online webinar
About
Speaker: Angelo Ryu (Oxford)
Abstract: According to legal anti-positivism, legal duties are just a subset of our moral duties. Not every moral duty, though, is legal. So what else is needed? Here I offer a new theory which explains how moral duties come to be law. Among our moral reasons are distinctively legal reasons. And those reasons make moral duties into legal duties. So the law consists of moral duties which have, as one of their underlying reasons, a distinctively legal reason. Such legal reasons arise from a relationship with the body for which it is the law of. The legal reasons in America, then, are the moral reasons flowing from a relationship with the United States. These reasons include consent, democracy, association, and fair play. They are law’s constitutive reasons. By looking for them, we can better explain why some moral duties form part of the law, while others do not.
The Paper: https://bit.ly/ryupaper
The Zoom link: https://bit.ly/cltdg23et02
Everyone is welcome to attend!
The Zoom link: https://bit.ly/cltdg2022mt4
The Paper: https://bit.ly/myarompaper
Abstract: It is a fundamental tenet of modern positivist thought that law guides the behavior of its subjects. It is also a longstanding commitment of positivism that coherence plays no part in a theory of law. This article argues that these two commitments are in tension. After clarifying the relevant conception of coherence for the discussion it tackles the more serious challenge for coherence theories: That they cannot be reconciled with the authoritative nature of law. By drawing on the complexity of guiding behavior, the article demonstrates that a minimal notion of coherence is necessary for any theory of authority. It is thus seen that positivism must either admit substantive coherence into its concept of law, or significantly water down its claims that the law guides the behavior of subjects.
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