LEGAL OBLIGATION AND REASONS

Abstract

According to the legal rationalist, the law claims to give its subjects reasons for action. The leading legal rationalist, Joseph Raz, says, “the law claims that the existence of legal rules is a reason for conforming behaviour.” Putting the same point more casually, he writes: The law sets things straight: telling people “this is what you should do and whether you agree that this is so or not, now that it is the law that you should you have the law as a new, special kind of reason to do so.” Jules Coleman, who also at times plays the part of the legal rationalist, agrees: The prevalent view among legal positivists today is that law purports to govern conduct as a practical authority. The distinctive feature of law's governance on this view is that it purports to govern by creating reasons for action. Or more succinctly, “Law claims to create reasons for acting.”