The Dilemma of Authority

28 Pages Posted: 21 Apr 2010 Last revised: 9 Nov 2010

Andrei Marmor

Cornell University - Law School

Date Written: April 20, 2010

Abstract

The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: the special, practical import of an authority can only be explained on the background of an institutional setting which constitutes the authority’s power and the corresponding obligation to comply. However, this obligation is not an all things considered obligation, it is conditioned on reasons to participate in the relevant institution or practice. A complete account of the reasons to regard authoritative decisions as binding must also rely on the reasons for having the institution or practice in question and the kind of authoritative structure that it has. This argument is presented here on the background of a critique of two alternative accounts, Joseph Raz’s service conception of authority and Stephen Darwall’s second personal standpoint account.

Suggested Citation

Marmor, Andrei, The Dilemma of Authority (April 20, 2010). USC Law Legal Studies Paper No. 10-6. Available at SSRN: https://ssrn.com/abstract=1593191

Andrei Marmor (Contact Author)

Cornell University - Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States

HOME PAGE: http://www.lawschool.cornell.edu/faculty/bio_andrei_marmor.cfm

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