David Dyzenhaus

Response to Giovanni Battista Ratti

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Abstract

I highlight that my argument about Hobbes is that the procedural or formal norms of legality give rise to substantive norms of justice. To break that argument into two, as Professor Ratti does, is to avoid confronting it. In addition, I suggest that Hart's own ambiguous relationship with the idea of legality masks the theory of legitimate authority entailed by his commitment to explaining law as a matter of authority.

Keywords

  • Rule of Recognition
  • Legality
  • Authority

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