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2 - Law as Standing

Published online by Cambridge University Press:  22 February 2024

Avihay Dorfman
Affiliation:
Tel-Aviv University
Alon Harel
Affiliation:
Hebrew University of Jerusalem
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Summary

This chapter addresses a basic question of general jurisprudence, that is, what difference law makes in moral space. It argues that a central characteristic of law is not necessarily that it tells us what morality (or justice) might dictate. Rather, it establishes a way of attributing decisions to all of us and not to any one of us in particular. Law’s distinctive moral virtue is not justice but legitimacy. What renders this possible is the operation of public officials whose value lies in acting in our name. The chapter defends what we label the standing conception of law, according to which law’s most basic moral contribution is that of establishing an entity whose normative pronouncements could count as being made in the name of (or even by) the people.

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Publisher: Cambridge University Press
Print publication year: 2024

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  • Law as Standing
  • Avihay Dorfman, Tel-Aviv University, Alon Harel, Hebrew University of Jerusalem
  • Book: Reclaiming the Public
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009327206.003
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  • Law as Standing
  • Avihay Dorfman, Tel-Aviv University, Alon Harel, Hebrew University of Jerusalem
  • Book: Reclaiming the Public
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009327206.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law as Standing
  • Avihay Dorfman, Tel-Aviv University, Alon Harel, Hebrew University of Jerusalem
  • Book: Reclaiming the Public
  • Online publication: 22 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781009327206.003
Available formats
×