英文摘要 |
Positivist theories of law that focus on law’s reason-giving force have become prevalent in analytical jurisprudence. Such reason-based theories maintain that law is ultimately determined by social facts, that legal obligations are moral obligations from law’s point of view, that law claims its legitimate authority and its ability to give rise to additional reasons for action by the imposition of legal obligations, and that law guides people’s conduct by making differences to legal agents’reasons for action. Joseph Raz’s account, which combines the analysis of rules, the service conception of authority, and the double-layered structure of practical reasoning, constitutes the most complete theoretical framework among the reason-focused theories. By revealing the implausibility of law’s abilities to create first-order reasons and second-order exclusionary reasons, this article argues against Raz’s view that legal rules provide legal agents with protected reasons. |