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Oxford Journal of Legal Studies
Article . 1985 . Peer-reviewed
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ON ‘POSITIVISM’ AND ‘LEGAL RATIONAL AUTHORITY’

Authors: Finnis, John M.;

ON ‘POSITIVISM’ AND ‘LEGAL RATIONAL AUTHORITY’

Abstract

ion that renders so much social theory barely intelligible and certainly untestable. We sense, too, that we have rejoined the great co-operative effort to understand human society without illusions, which Aristotle launches with the opening sentence of his Politics: Observation shows us, first, that every polis is a species of association, and, secondly, that all associations are instituted for the purpose of attaining some good-for all men do all their acts with a view to achieving something which is, in their view, a good. Weber, no doubt, will refine and complexify our conception of what it is to act 'with a view to . . .', and will expand our knowledge of the things men have believed worth doing. But the Weberian programme is part of Aristotle's, a programme which Aquinas, in his reflective introduction to the Politics, defines as seeking knowledge of social wholes by careful consideration of their parts and their principia, their intelligible originating factors, particularly the (more or less) intelligent human doings (as distinct from makings) that actually constitute those social wholes, doings which are to be understood by understanding their motivating objectives. So: the empirical existence of that form of social relationship which we call authority (or 'domination') is understood when we distinguish the regularities of behaviour involved in authority-compliance relationships from those involved in 3 Aristotle, Politics 1:i i252ai. 4 Aquinas, In Octo Libros Politicorum Aristotelis Expositio, proem.

Country
United States
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Keywords

Max Weber, Legal History, social theory, positivism, Natural Law, authority, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
118
Top 10%
Top 10%
Average
bronze