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How does law possess the normative force it requires to direct our actions?
This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on:
Firstly, that commitment to the existence of a supreme moral principle is required;
Secondly, that any supreme moral principle must be identifiable through human reason.
The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which - through a dialectically necessary argument - locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule's legal validity.
This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
List of contents
PART 1
ESTABLISHING THE PGC AS A SUPREME MORAL PRINCIPLE
1. The PGC as a Supreme Moral Principle
1. Introduction
2. The Dialectical Necessity of Morality
3. Philosophical Criticisms of the PGC
4. Conclusion
2. The PGC in Raz’s Hierarchy of Reasons
1. Introduction
2. Raz on the Nature of Reasons
3. Resolving Conflicts between Reasons
4. Conclusion
PART 2
ESTABLISHING PERMISSIBILITY WITH REFERENCE TO THE PGC AS A NECESSARY CONDITION OF A RULE’S LEGAL VALIDITY
3. Agency, Morality and Law
1. Introduction
2. The PGC and Legal Norms
3. The Operation of the PGC within a Legal System
4. Conclusion
4. Raz and Legitimate Legal Authority
1. Introduction
2. Raz, Legal Authority and the Contingency Thesis
3. Authority to Make Law and the Sources Thesis
4. Systemic Functionality
5. Obligations to Obey the Law
6. Conclusion
5. Contemporary Inclusive Positivism
1. Introduction
2. David Lyons and Formalism
3. Incorporationism and Jules Coleman
4. The Moderate Incorporationism of Matthew Kramer
5. Conclusion
Conclusion
About the author
Joshua Jowitt is Lecturer in Law at Newcastle Law School, UK.
Summary
How does law possess the normative force it requires to direct our actions?
This book argues that this seemingly innocuous question is of central importance to the philosophy of law and, by extension, of the very concept of law itself. It advances a position grounded in the secular natural law tradition, and in doing so addresses the two success criteria for this position head on:
Firstly, that commitment to the existence of a supreme moral principle is required;
Secondly, that any supreme moral principle must be identifiable through human reason.
The book argues that these conditions are met by Alan Gewirth's Principle of Generic Consistency (PGC), which – through a dialectically necessary argument – locates the existence of universally applicable moral norms in the concept of agency. Given the very purpose of law is to guide action, legal norms must be located in a unified hierarchy of practical reason. It follows that, if law is to succeed in claiming to be capable of guiding our action, moral permissibility with reference to the PGC is a necessary condition of a rule’s legal validity.
This strong theory of natural law is defended throughout, both against moral sceptics and positions within contemporary legal positivism.
