Thompson-AuthorityLaw-1964

The Authority of Law

Author and Source

• Author: Samuel M. Thompson

• Published in: Ethics, Vol. 75, No. 1 (Oct., 1964), pp. 16-24

• Publisher: The University of Chicago Press

• Stable URL: Link to JSTOR

Overview of the Text

• Discusses the relationship between law and morality, providing key theses to clarify this relationship.

Key Theses

1. Situational Authority of Law

   • Law's authority is situational, not normative; it excludes alternative choices to exert compulsion.

   • Traditional views link law's authority to societal values or interests, but this view is misleading.

   • Authority exists through the absence of other acceptable alternatives; as alternatives emerge, law's authority diminishes.

2. Distinction in Authority and Legislation

   • Law holds its own authority separate from the criteria of legislation.

   • Early law aimed to compel certain behaviors for order maintenance; contemporary law shifts towards achieving new societal goals.

   • The problem of authority becomes complex when law represents desires rather than necessity.

3. Order Beyond Force

   • Law structures human relationships and transcends mere force, utilizing force to exclude alternatives.

   • Authority emerges from the established procedures determining societal order; questioning authority risks destabilizing social structures.

4. Connection to Morality

   • The authority of law is not inherently moral, but close relationships exist.

   • Legal changes reflect shifts in social conditions rather than moral directives.

   • The separation between legal and moral authority allows for criticism and opposition to law without undermining its status.

5. Embedded Authority of Law

   • Law is foundational to societal identity; understanding law requires examining historical and sociological contexts.

   • Law provides frameworks which affect self-identity and social relationships.

   • Individual freedom and creativity are rooted within cultural frameworks facilitated by law.