Joseph Raz’s Theory of Law
Joseph Raz is a famous legal philosopher whose ideas build on and expand the work of H.L.A.
Hart. Like Hart, Raz talks about what law really is and how it works in society. His theory is called
the “Service Conception of Authority.” It helps explain why people should obey the law and
what makes law different from other rules.
Law and Authority
Raz believes that law is a system of rules created by a recognized authority. This authority has
the power to make laws that people must follow. But Raz also explains something very
important — law gives people reasons to obey, and those reasons come from the law itself. He
says that authority, like the law, should serve the people by helping them live better lives.
This is different from just obeying because you fear punishment. Raz says law should guide
people to do what is best or right for them. The law should help people follow the right reasons
and avoid bad choices. This idea is called the “service conception.” It means that authority (like
law) exists to serve the people and improve their lives by giving them good reasons to obey.
Why Should People Obey the Law?
One big question in legal theory is: why should people obey laws? Raz gives an answer by saying
that law creates “legitimate authority.” This means the law is not just about commands or
threats, but about giving people guidance that is better than what they might decide on their
own.
For example, sometimes a person might not know the best thing to do in a situation. The law
steps in to help by giving clear rules and guidance. By following the law, people can avoid
confusion and make better decisions. So, obeying the law is rational because it helps people
achieve their goals more easily.
The Concept of “Pre-emption”
Raz introduces the idea of “pre-emption.” This means that when the law gives you a rule to
follow, you should not rely on your own judgment or other reasons for action in that area.
Instead, the law’s rule replaces or “pre-empts” your personal decisions. This shows the
authority of the law — it tells you what to do, even if you might think differently.
However, this only applies when the law’s authority is legitimate. If the law is bad or unjust, Raz
believes people may not have to obey it. But in general, the law guides behavior by providing
clear rules that people should follow instead of making their own separate decisions.
Law and Morality
Raz, like Hart, believes that law and morality are separate but connected. The law does not have
to be moral to be valid. A law can exist even if it is unfair or wrong. However, Raz thinks that
laws should try to be moral and just because this helps maintain their authority and the respect
of the people.
If laws are immoral, they lose their authority and people may have good reasons to disobey
them. So, while law and morality are different, they often influence each other.
Difference from Other Theories
Raz’s theory differs from earlier legal theories like those of John Austin or Bentham. Austin said
law is just commands backed by threats from a sovereign. Bentham focused on utility or what
makes the majority happy. Raz moves beyond this by explaining why people have good reasons
to obey law, not just because of fear or majority preference.
Raz also adds more depth to Hart’s theory by explaining how authority works and why it is
important for law to guide people effectively. His “service conception” helps us understand law
as something that helps people live better and make better choices.
Conclusion
Joseph Raz’s theory of law offers a clear and thoughtful explanation of law and authority. He
shows that law is more than just rules or commands — it is a system that gives people reasons
to obey and helps them live better lives. His ideas about legitimate authority, pre-emption, and
the service conception are important contributions to understanding law today.
Raz’s work builds on Hart’s legal positivism but adds new ideas about why law matters and how
it should serve society. His theory helps explain the role of law in guiding behavior and creating
social order, making it a key part of modern legal philosophy.
