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The efficacy condition

Abstract:

“A legal system exists,” Joseph Raz claims, “if and only if it is in force.” By this he means to suggest that the efficacy of law—that is, its capacity to control the population to which it applies—is necessary for its identity as such. Despite widespread recognition that efficacy is a condition of the existence of law, however, little time has been spent analyzing the notion. This article begins an attempt to make up the deficit. I make the case for efficacy as necessary for law and go on to...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1017/S1352325220000051

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Cambridge University Press
Journal:
Legal Theory More from this journal
Volume:
25
Issue:
4
Pages:
225 - 243
Publication date:
2020-06-30
Acceptance date:
2020-04-30
DOI:
EISSN:
1469-8048
ISSN:
1352-3252
Language:
English
Keywords:
Pubs id:
1106588
Local pid:
pubs:1106588
Deposit date:
2020-05-25

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