• Title of article

    TOWARDS A COMPREHENSIVE POSITIVIST THEORY OF LEGAL OBLIGATION

  • Author/Authors

    Himma, Kenneth Einar University of Washington - School of Law, USA

  • From page
    109
  • To page
    134
  • Abstract
    The concept of legal obligation is utterly central to legal practice. But positivism lacks a comprehensive account of legal obligation, focusing only on the second-order recognition obligations of officials with no account of the first-order legal obligations of citizen. As legal obligations are conceptually related to legally valid norms, this failure calls into question positivism’s theory of legal validity. In this essay, I develop Hart’s account of social obligation and supplement his account of the second-order legal obligations of official qua official with an account of the first-order obligations of citizens. The latter is constituted, I argue, by social pressure in the form of the authorization of the state’s coercive machinery for non-compliance.
  • Keywords
    Legal obligation , positivism , social obligation
  • Journal title
    Ankara Law Review
  • Journal title
    Ankara Law Review
  • Record number

    2676013