Legal Obligation and Authority - Stanford Encyclopedia of Philosophy
WEBDec 29, 2003 · What is legal authority, and how is it related to obligations? It is a kind of practical authority, i.e., authority over action. On one influential view, “To claim authority is to claim the right to be obeyed” (R. P. Wolff 1970: 5). There are, of course, authorities that make no such claim.
Sources of Legal Authority - First Year Legal Research Guide ...
WEBFeb 12, 2024 · Sources of Legal Authority. Primary law has “mandatory authority” (or “binding authority”) when they are from the same governing jurisdiction or a higher court. Other primary sources from outside a given jurisdiction only have what’s called “persuasive authority,” which is non-binding.
The United States Legal System – Sources of American Law - CALI
WEBLegal authority can be divided into two broad categories: primary authority and secondary authority. Collectively, this distinction is referred to as “type of authority.” Primary authority refers to “authority that issues directly from a law-making body.” 38 Thus, the four sources of law discussed previously make up primary authority.
What Is Rational-Legal Authority? - ThoughtCo
WEBPublished on January 09, 2023. Rational-legal authority is a form of leadership in which the authority of a ruling government regime comes from a system of bureaucracy, public choice, and legality. Rational-legal authority is thus based on a belief in the legitimacy of a society’s laws and rules and the right of its leaders, acting under ...
Authority of Law | SpringerLink
WEBJan 11, 2018 · The task is to explain what legal authority is and the premise of the study is that this question can only be answered through understanding of how legal authority operates upon the agent: if we recognize that legal commands or directives intervene upon, affect, and change the agent’s practical reasoning, then we need to understand and ...
LibGuides: Basic Legal Research: Court Systems & Legal Authority
WEB5 days ago · Jurisdiction and court level determine whether legal authority is mandatory or persuasive. Mandatory (Binding): Authority that a court must follow, i.e., that is binding on a court. Persuasive: Authority that a court may, but is not bound to, follow. For example, decisions from one jurisdiction may be persuasive authority in the courts of ...
mandatory authority | Wex | US Law | LII / Legal Information Institute
WEBMandatory authority, unlike persuasive authority, describes legal authority that is binding and must be followed. All mandatory authority are primary sources of law. However, not all primary sources of law are mandatory authority because the jurisdiction affects whether a legal authority is mandatory or persuasive.
The Authority and Legitimacy of Law - Oxford Academic
WEBIt also discusses the essentially contestable and ambiguous nature of the ‘legitimacy’ of the sovereign or other holder of authority. Keywords: authority of law, meaning of authority, modalities of authority, authority as entitlement, moral wisdom, pre-requisites of authority, meaning of legitimacy, legitimacy of law.
authority | Wex | US Law | LII / Legal Information Institute
WEBAuthority is the official permission or right to act, often on behalf of another. Authority may also be a person or institution that has power over another person. Authority as agency is the power to act on behalf of another; the power delegated by a principal to an agent. Authority is central to the law of agency —if someone takes an action ...
Lecture 20 - Weber on Legal-Rational Authority - Yale University
WEBOverview. The purest form–the ideal type–of Weber’s legal-rational type of authority is bureaucracy. Legal-rational authority indicates that authority is invested in a set of rules and rule-bound institutions and that the creating and changing the rules are outside of the control of those who administer them; it does not mean, however ...
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