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Raz, February 2009
|Alma mater|| Hebrew University of Jerusalem |
Balliol College, Oxford
|School|| Legal positivism |
|Legal and political philosophy|
|Part of the Politics series on|
Joseph Raz ( // ; Hebrew : יוסף רז; born 21 March 1939) is an Israeli legal, moral and political philosopher. He is one of the most prominent advocates of legal positivism and is well known for his conception of perfectionist liberalism. Raz spent most of his career as a professor of philosophy of law at the University of Oxford associated with Balliol College, and is now a part-time professor of law at Columbia University Law School and a part-time professor at King's College London. He received the prestigious Tang Prize for rule of law in 2018.
Hebrew is a Northwest Semitic language native to Israel. Modern Hebrew was spoken by over nine million people worldwide in 2013. Historically, it is regarded as the language of the Israelites and their ancestors, although the language was not referred to by the name "Hebrew" in the Tanakh itself. The earliest examples of written Paleo-Hebrew date from the 10th century BCE. Hebrew belongs to the West Semitic branch of the Afroasiatic language family. Hebrew is the only Canaanite language still spoken, and the only truly successful example of a revived dead language.
Israelis are the citizens or permanent residents of the State of Israel, a multiethnic state populated by people of different ethnic backgrounds. The largest ethnic groups in Israel are Jews (75%), followed by Arabs (20%) and other minorities (5%). Among the Israeli Jewish population, hundreds of thousands of Jews born in Israel are descended from Ashkenazi Jew, Mizrahi Jews, Sephardi Jews, Ethiopian Jews, and an array of groups from all the Jewish ethnic divisions, though over 50% of Israel’s Jewish population is of at least partial Mizrahi descent.
Political philosophy, also known as political theory, is the study of topics such as politics, liberty, justice, property, rights, law, and the enforcement of laws by authority: what they are, if they are needed, what makes a government legitimate, what rights and freedoms it should protect, what form it should take, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
Born in Mandate Palestine in 1939, Joseph Raz graduated in 1963 from the Hebrew University of Jerusalem with a Magister Juris ( summa cum laude ). Later, with funds provided by the Hebrew University, Raz pursued a Doctor of Philosophy at the University of Oxford under the supervision of H. L. A. Hart. Raz had met Hart earlier at a conference in Israel, impressing him by pointing out a flaw in his reasoning that had previously eluded him; Hart encouraged him to go to Oxford for further study. Raz studied at Balliol College and completed his DPhil in 1967.
The Hebrew University of Jerusalem is Israel's second-oldest university, established in 1918, 30 years before the establishment of the State of Israel. The Hebrew University has three campuses in Jerusalem and one in Rehovot. The world's largest Jewish studies library is located on its Edmond J. Safra Givat Ram campus.
MJur is an academic degree in law awarded by some universities.
A Doctor of Philosophy is the highest university degree that is conferred after a course of study by universities in most countries. PhDs are awarded for programs across the whole breadth of academic fields. As an earned research degree, those studying for a PhD are usually required to produce original research that expands the boundaries of knowledge, normally in the form of a thesis or dissertation, and defend their work against experts in the field. The completion of a PhD is often a requirement for employment as a university professor, researcher, or scientist in many fields. Individuals who have earned a Doctor of Philosophy degree may, in many jurisdictions, use the title Doctor or, in non-English-speaking countries, variants such as "Dr. phil." with their name, although the proper etiquette associated with this usage may also be subject to the professional ethics of their own scholarly field, culture, or society. Those who teach at universities or work in academic, educational, or research fields are usually addressed by this title "professionally and socially in a salutation or conversation." Alternatively, holders may use post-nominal letters such as "Ph.D.", "PhD", or "DPhil". It is, however, considered incorrect to use both the title and post-nominals at the same time.
He then returned to Israel to teach at the Hebrew University as a lecturer in the Faculty of Law and Department of Philosophy. In 1971, he was tenured and promoted to Senior Lecturer. In 1972, he returned to Balliol as a Fellow and Tutor in Law, becoming a Professor of Philosophy of Law, Oxford University, from 1985 to 2006, and then a Research Professor from 2006 to 2009. Since 2002 he has also been a Professor in the Law School at Columbia University. Raz, now retired from Oxford, is currently also a research professor of law at King's College London.
King's College London is a public research university located in London, United Kingdom, and a founding college and member institution of the federal University of London. King's was established in 1829 by King George IV and Arthur Wellesley, 1st Duke of Wellington, when it received its first royal charter, and claims to be the fourth oldest university institution in England. In 1836, King's became one of the two founding colleges of the University of London. In the late 20th century, King's grew through a series of mergers, including with Queen Elizabeth College and Chelsea College of Science and Technology, the Institute of Psychiatry, the United Medical and Dental Schools of Guy's and St Thomas' Hospitals and the Florence Nightingale School of Nursing and Midwifery.
A pupil of H. L. A. Hart, Raz has been important in continuing the development of legal positivism both before and since Hart's death. Raz was also co-editor of a second edition of Hart's The Concept of Law with a postscript including Hart's responses to other philosophers' criticisms of his work.
Herbert Lionel Adolphus Hart, FBA, usually cited as H. L. A. Hart, was a British legal philosopher, and a major figure in political and legal philosophy. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law, which has been hailed as "the most important work of legal philosophy written in the twentieth century". He is considered one of the world's foremost legal philosophers in the twentieth century, alongside Hans Kelsen.
The Concept of Law is a 1961 book by the legal philosopher HLA Hart and his most famous work.TheConcept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy. Hart sought to provide a theory of descriptive sociology and analytical jurisprudence. The book addresses a number of traditional jurisprudential topics such as the nature of law, whether laws are rules, and the relation between law and morality. Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".
Raz's first book, The Concept of a Legal System, was based on his doctoral thesis. A later book, The Morality of Freedom won two prizes: the 1987 W.J.M. Mackenzie Book Prize from the Political Studies Association of the United Kingdom, awarded to the best book in political science each calendar year; and the 1988 Elaine and David Spitz Book Prize from the Conference for the Study of Political Thought, New York, awarded annually for the best book in liberal and/or democratic theory that had been published two years earlier. The book develops a conception of perfectionist liberalism.
Perfectionist liberalism has been defined by Charles Larmore (1987) as the "family of views that base political principles on 'ideals claiming to shape our overall conception of the good life, and not just our role as citizens.'" Joseph Raz popularised those ideas. Other important contemporary theorists of liberal perfectionism are George Sher and Steven Wall. One can also find liberal perfectionist strands of thought in the writings of early liberals like John Stuart Mill and T.H.Green.
Raz has argued for a distinctive understanding of legal commands as exclusionary reasons for action and for the "service conception" of authority, according to which those subject to an authority "can benefit by its decisions only if they can establish their existence and content in ways which do not depend on raising the very same issues which the authority is there to settle."This, in turn, supports Raz's argument for legal positivism, in particular "the sources thesis," "the idea that an adequate test for the existence and content of law must be based only on social facts, and not on moral arguments.".
Raz is acknowledged by his contemporaries as being one of the most important living legal philosophers. He has authored and edited eleven books to date, namely The Concept of a Legal System (1970), Practical Reason and Norms (1975), The Authority of Law (1979), The Morality of Freedom (1986), Authority (1990), Ethics in the Public Domain (1994), Engaging Reason (1999), Value, Respect and Attachment (2001), The Practice of Value (2003), Between Authority and Interpretation (2009), and From Normativity to Responsibility (2011). His most recent work deals less with legal theory and more with political philosophy and practical reasoning. In moral theory, Raz defends value pluralism and the idea that various values are incommensurable.
Raz's work has been cited by the Supreme Court of Canada in such cases as Imperial Tobacco v. British Columbia and Sauvé v. Canada (Chief Electoral Officer) .
Several of Raz's students have become important legal and moral philosophers, including two current Professors in Jurisprudence at Oxford, Leslie Green and Timothy Endicott, and the former professor of Jurisprudence John Gardner.
Raz was elected a Fellow of the British Academy in 1987and of the American Academy of Arts & Sciences in 1992. He has been awarded Honorary Doctorates by the Catholic University of Brussels, 1993, by King's College London, 2009, and by Hebrew University, 2014. In 2005 he received the International Prize for Legal Research 'Hector Fix-Zamudio' from the National Autonomous University of Mexico, and in 2009 a Vice-Presidency Award from the Law Society of University College Dublin. In 2018 he received the Tang Prize.
In 2000–2001, he gave the Tanner Lectures on Human Values on "The Practice of Value" at the University of California Berkeley.
Jurisprudence or legal theory is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Legal positivism is a school of thought of analytical jurisprudence largely developed by legal thinkers in the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism set the theoretical foundations for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:
Ronald Myles Dworkin, FBA was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to renowned philosopher H. L. A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."
Lon Luvois Fuller was a noted legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts. His debate in 1958 with the prominent British legal philosopher H. L. A. Hart in the Harvard Law Review was important in framing the modern conflict between legal positivism and natural law theory. In his widely discussed 1964 book, The Morality of Law, Fuller argues that all systems of law contain an "internal morality" that imposes on individuals a presumptive obligation of obedience. Robert S. Summers said in 1984: "Fuller was one of the four most important American legal theorists of the last hundred years".
Sir Bernard Arthur Owen Williams, FBA was an English moral philosopher. His publications include Problems of the Self (1973), Ethics and the Limits of Philosophy (1985), Shame and Necessity (1993), and Truth and Truthfulness (2002). He was knighted in 1999.
Sir Stuart Newton Hampshire was an English philosopher, literary critic and university administrator. He was one of the antirationalist Oxford thinkers who gave a new direction to moral and political thought in the post-World War II era.
Robert Alexy is a jurist and a legal philosopher.
In ethics, value pluralism is the idea that there are several values which may be equally correct and fundamental, and yet in conflict with each other. In addition, value-pluralism postulates that in many cases, such incompatible values may be incommensurable, in the sense that there is no objective ordering of them in terms of importance. Value pluralism is opposed to value monism.
John Mitchell Finnis, is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is currently the Biolchini Family Professor of Law at Notre Dame Law School and Permanent Senior Distinguished Research Fellow at the Notre Dame Center for Ethics and Culture. He was Professor of Law & Legal Philosophy at the University of Oxford from 1989 to 2010, where he is now professor emeritus. He acted as a constitutional adviser to successive Australian Commonwealth governments in constitutional matters and bilateral relations with the United Kingdom.
Thomas Michael "Tim" Scanlon, usually cited as T. M. Scanlon, is an American philosopher. At the time of his retirement in 2016, he was the Alford Professor of Natural Religion, Moral Philosophy, and Civil Polity in Harvard University's Department of Philosophy, where he had taught since 1984. He was elected to the American Philosophical Society in 2018.
Leslie John Green is a Scottish-Canadian scholar in the analytic philosophy of law, or jurisprudence as it is often called by academic lawyers. He is Professor of the Philosophy of Law and Fellow of Balliol College, Oxford University, and Professor of Law and Distinguished Faculty Fellow at Queen's University, Kingston.
R. Jay Wallace is a Professor of Philosophy and Judy Chandler Webb Distinguished Chair for Innovative Teaching and Research at the University of California, Berkeley. His areas of specialization include moral philosophy and philosophy of action. He is most noted for his work on practical reason, moral psychology, and meta-ethics.
This is an index of articles in jurisprudence.
Matthew Henry Kramer is an American philosopher, currently Professor of Legal and Political Philosophy at the University of Cambridge and a Fellow of Churchill College, Cambridge. He writes mainly in the areas of metaethics, normative ethics, legal philosophy, and political philosophy. He is a leading proponent of legal positivism. He has been Director of the Cambridge Forum for Legal and Political Philosophy since 2000. He has been teaching at Cambridge University and at Churchill College since 1994.
John Tasioulas is a Greek-Australian moral and legal philosopher. He is the inaugural Yeoh Professor of Politics, Philosophy and Law at The Dickson Poon School of Law, King's College London and Director of the Yeoh Tiong Lay Centre for Politics, Philosophy, and Law. He holds dual Australian and British citizenship.
Seana Valentine Shiffrin is Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at the University of California, Los Angeles. Shiffrin's work has been widely influential and spans issues in moral, political and legal philosophy, as well as matters of legal doctrine, that concern equality, autonomy and the social conditions for their realization. Shiffrin's recent work has primarily focused on freedom of speech, truth-telling, promising, and the place of the law in building moral character. She is an associate editor of Philosophy and Public Affairs. and was elected a Fellow of the American Academic of Arts and Sciences in 2010.
Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book notably introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules.
Legal norms are binding rules, or norms, of conduct that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authority issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide to, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, that regulates the conduct of people, and generality, which are binding for the indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding for them, such as soldiers and public officials.
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