On the Moral Impact Theory of Law

Ezequiel H Monti

Oxford Journal of Legal Studies, 2022, vol. 42, issue 1, 298-324

Abstract: Mark Greenberg argues that legal obligations are those moral obligations created by the actions of legal institutions in the legally proper way (Moral Impact Theory of Law, MITL). Here I defend three main claims. First, I argue that, although very often misunderstood, Joseph Raz is also a defender of MITL. Secondly, I argue that while both Greenberg and Raz are committed to MITL, they disagree about the conditions under which a moral obligation can be said to be created in the legally proper way. Finally, I argue that Raz’s variant of MITL is better than Greenberg’s. It rests on a more plausible account of authority and it avoids one of the crucial defects threatening Greenberg’s view, namely, its overinclusiveness.

Keywords: moral impact theory of law; Joseph Raz; legal normativity; authority; nature of legal facts; exclusive legal positivism (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:oup:oxjlsj:v:42:y:2022:i:1:p:298-324.

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