THE AUTHORITY OF LAW. By Joseph Raz. Oxford: Clarendon Press, 1979.

Abstract

Whether we are morally obligated to obey the law is the central question addressed by Joseph Raz in his most recent work entitled, The Authority of Law . It is a question which divides positivists from natural law adherents. Professor Raz, a self-proclaimed positivist, concludes that “there is no general moral obligation to obey [the law], not even in a good society.” Rather, for Raz he individual must obey the law only if he respects it. “His respect,” says Raz, “is the source of obligation,” leading one to conclude that for Raz the authority of law is the individual. The question of whether we are morally bound to obey the law is not a novel one; foremost among those who have addressed it are Plato, Aristotle and Aquinas. Each does so, it is important to note, in terms of the distinction between legitimate and illegitimate forms of government, which, in turn, is based upon a correct understanding of the nature of man and human happiness. The law of an illegitimate government, argues St. Thomas, “since it is not in accordance with reason, is not a law absolutely speaking, but rather a perversion of law.”