LAW AS A NORMATIVE SYSTEM IN THE PHILOSOPHY OF JOSEPH RAZ

  • Paul T. Haaga, PhD
Keywords: Raz, Normative, Law, Detached statement, Validity

Abstract

This paper is aimed at exposing the idea of law a normative in Raz with a point of departure from H.L.A Hart his teacher and mentor. Given the fact that, Raz builds his idea of a normative system around resolving the issue of authority which is a recurrent issue in legal positivism. The paper examines Raz’s ‘detached statements’ in relation with his idea of law as a s normative system. The paper examines the nature and claims of law within Raz’s philosophy and it further argues in line Raz that, law is a normative system for guiding behaviour and for settling disputes which claims supreme authority to interfere with any kind of activity. The paper found out that, Raz’s conception of law as normative systems are social orders and values that motivate action; this means that, the basis for enforcing legal demands creates a viable alternative to the previous understanding that, apparently, coercion is an essential element of law as normative system. The conclusion that is reached in this paper is that the basis for the binding force of the law as a normative system is legal validity within normative legal system.

Published
2020-09-23
Section
Articles