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Profile: Joseph Raz (Columbia University)
  1.  523 DLs
    Joseph Raz (2010). Human Rights Without Foundations. In J. Tasioulas & S. Besson (eds.), The Philosphy of International Law. Oxford University Press
    Using the accounts of Gewirth and Griffin as examples, the article criticises accounts of human rights as those are understood in human rights practices, which regard them as rights all human beings have in virtue of their humanity. Instead it suggests that (with Rawls) human rights set the limits to the sovereignty of the state, but criticises Rawls conflation of sovereignty with legitimate authority. The resulting conception takes human rights, like other rights, to be contingent on social conditions, and in (...)
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  2.  517 DLs
    Avishai Margalit & Joseph Raz (1990). National Self-Determination. Journal of Philosophy 87 (9):439-461.
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  3.  309 DLs
    Joseph Raz (2010). Reason, Reasons and Normativity. In Russ Shafer-Landau (ed.), Oxford Studies in Metaethics, Volume 5. OUP Oxford
  4.  263 DLs
    Joseph Raz (1985). Authority and Justification. Philosophy and Public Affairs 14 (1):3-29.
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  5.  260 DLs
    Joseph Raz (2003). About Morality and the Nature of Law. American Journal of Jurisprudence 48 (1):1-15.
    In support of my longstanding claim that the traditional divide between natural law and legal positivist theories of law, the present paper explores a variety of necessary connections between law and morality which are consistent with theories of law traditionally identified as positivist.
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  6.  244 DLs
    Joseph Raz, The Problem of Authority: Revisiting the Service Conception.
    The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few ideas. It may well (...)
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  7.  240 DLs
    Joseph Raz (1990). Facing Diversity: The Case of Epistemic Abstinence. Philosophy and Public Affairs 19 (1):3-46.
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  8.  220 DLs
    Joseph Raz (2010). Responsibility and the Negligence Standard. Oxford Journal of Legal Studies 30 (1):1-18.
    The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility (for actions, omissions, consequences) in terms of the relations which must exist between the action (omission, etc.) and the agents powers of rational agency if the agent is responsible for the action. The discussion involves reflections on the relations between the law and the morality of negligence, the difference between negligence and strict liability, the role of excuses and the (...)
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  9.  197 DLs
    Joseph Raz (1994). Ethics in the Public Domain: Essays in the Morality of Law and Politics. Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...)
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  10.  180 DLs
    Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
    Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...)
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  11.  162 DLs
    Joseph Raz, Reasoning with Rules.
    What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics, or everyday life? The answers range from the very ambitious to the modest. The ambitious claim that there is a special and distinctive legal logic, or legal ways of reasoning, modes of reasoning which set the law apart from all other disciplines. Opposing them are the modest, who claim that there is nothing special to legal reasoning, that (...)
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  12.  157 DLs
    Joseph Raz (2005). Can There Be a Theory of Law? In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.
    The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place (...)
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  13.  156 DLs
    Joseph Raz (2009). On the Value of Distributional Equality. In Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.), Hillel Steiner and the Anatomy of Justice: Themes and Challenges. Routledge
    The paper returns to the question whether equality in distribution is valuable in itself, or, if you like, whether it is intrinsically valuable. Its bulk is an examination of two familiar arguments against the intrinsic value of distributional equality: the levelling down objection and the objection that equality violates some person-affecting condition, in that its realisation does not improve the lot of people.
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  14.  155 DLs
    Joseph Raz (2004). The Role of Well‐Being. Philosophical Perspectives 18 (1):269–294.
    "Well-being" signifies the good life, the life which is good for the person whose life it is. I have argued that well-being consists in a wholehearted and successful pursuit of valuable relationships and goals. This view, a little modified, is defended , but the main aim of the article is to consider the role of well-being in practical thought. In particular I will examine a suggestion which says that when we care about people, and when we ought to care about (...)
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  15.  152 DLs
    Joseph Raz (2010). On Respect, Authority, and Neutrality: A Response. Ethics 120 (2):279-301.
  16.  150 DLs
    Joseph Raz, On the Guise of the Good.
    I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are (...)
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  17.  146 DLs
    Joseph Raz, The Argument From Justice, or How Not to Reply to Legal Positivism.
    Professor Robert Alexy wrote a book whose avowed purpose is to refute the basic tenets of a type of legal theory which 'has long since been obsolete in legal science and practice'. The quotation is from the German Federal Constitutional Court in 1968. The fact that Prof Alexy himself mentions no writings in the legal positivist tradition [in English] later than Hart's The Concept of Law (1961) may suggest that he shares the court's view. The book itself may be evidence (...)
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  18.  146 DLs
    Joseph Raz (2005). The Myth of Instrumental Rationality. Journal of Ethics and Social Philosophy 1 (1):28.
    The paper distinguishes between instrumental reasons and instrumental rationality. It argues that instrumental reasons are not reasons to take the means to our ends. It further argues that there is no distinct form of instrumental reasoning or of instrumental rationality. In part the argument proceeds through a sympathetic examination of suggestions made by M. Bratman, J. Broome, and J. Wallace, though the accounts of instrumental rationality offered by the last two are criticised.
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  19.  138 DLs
    Joseph Raz (2006). The Trouble with Particularism (Dancy's Version). [REVIEW] Mind 115 (457):99-120.
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  20.  137 DLs
    Joseph Raz (2010). Being in the World. Ratio 23 (4):433-452.
    Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility2’. We are not responsible2 for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible2 for actions we do not adequately control, for negligent actions, and for (...)
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  21.  135 DLs
    Joseph Raz (1974). Kelsen's Theory of the Basic Norm. American Journal of Jurisprudence 19 (1):94-111.
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  22.  125 DLs
    Joseph Raz (1986). The Morality of Freedom. Oxford University Press.
    Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...
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  23.  115 DLs
    Joseph Raz (2009). Reasons : Explanatory and Normative. In Constantine Sandis (ed.), New Essays on the Explanation of Action. Palgrave Macmillan
    A thesis familiar by being as often disputed as defended has it that intentional action is action for a reason. The present paper contributes to the defence of a weaker version of it, namely: Acting with an intention or a purpose is acting (as things appear to one) for a reason.
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  24.  111 DLs
    Joseph Raz (2009). Reasons : Practical and Adaptive. In David Sobel & Steven Wall (eds.), Reasons for Action. Cambridge University Press
    The paper argues that normative reasons are of two fundamental kinds, practical which are value related, and adaptive, which are not related to any value, but indicate how our beliefs and emotions should adjust to fit how things are in the world. The distinction is applied and defended, in part through an additional distinction between standard and non-standard reasons (for actions, intentions, emotions or belief).
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  25.  107 DLs
    Joseph Raz (1990). The Politics of the Rule of Law. Ratio Juris 3 (3):331-339.
    The article reviews several books on the rule of law, including "International Justice in Rwanda and the Balkans: Virtual Trials and the Struggle for State Cooperation," by Victor A. Peskin, "Civil War and the Rule of Law: Security, Development, Human Rights," edited by Agnes Hurwitz and Reyko Huang, and "Plunder: When the Rule of Law Is Illegal," by Ugo Mattei and Laura Nader.
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  26.  100 DLs
    Joseph Raz (2012). Agency and Luck. In Ulrike Heuer & Gerald Lang (eds.), Luck, Value, and Commitment: Themes From the Ethics of Bernard Williams. Oxford University Press, Usa
  27.  96 DLs
    Joseph Raz (1985). Authority, Law and Morality. The Monist 68 (3):295-324.
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  28.  93 DLs
    Joseph Raz (1975). Practical Reason and Norms. Hutchinson.
    Joseph Raz answers these three questions by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus ...
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  29.  92 DLs
    Joseph Raz (1980). The Concept of a Legal System: An Introduction to the Theory of Legal System. Oxford University Press.
    What does it mean to assert or deny the existence of a legal system? How can one determine whether a given law belongs to a certain legal system? What kind of structure do these systems have, that is--what necessary relations obtain between their laws? The examination of these problems in this volume leads to a new approach to traditional jurisprudential question, though the conclusions are based on a critical appraisal, particularly those of Bentham, Austin, Kelsen, and Hart.
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  30.  89 DLs
    Joseph Raz (1999). Explaining Normativity: On Rationality and the Justification of Reason. Ratio 12 (4):354–379.
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  31.  86 DLs
    Joseph Raz (1982). The Claims of Reflective Equilibrium. Inquiry 25 (3):307 – 330.
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  32.  82 DLs
    Joseph Raz (1992). Rights and Individual Well-Being. Ratio Juris 5 (2):127-142.
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  33.  81 DLs
    Joseph Raz, Rescuing Jerry From (Basic) Principles.
    I will say something on two or three related but distinct topics. First, something on the grounding of normative beliefs, a topic – as I see it – in moral epistemology, and then after a brief remark on explanation, something against a certain understanding of basic principles. My observations were prompted by reflection on Jerry’s desire to rescue justice from the facts.
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  34.  79 DLs
    Joseph Raz (1997). The Active and the Passive: Joseph Raz. Aristotelian Society Supplementary Volume 71 (1):211–228.
  35.  72 DLs
    Joseph Raz (2003). The Practice of Value. Oxford University Press.
    The Practice of Value explores the nature of value and its relation to the social and historical conditions under which human agents live. At the core of the book are the Tanner Lectures delivered at Berkeley in 2001 by Joseph Raz, who has been one of the leading figures in moral and legal philosophy since the 1970's. Raz argues that values depend importantly on social practices, but that we can make sense of this dependence without falling back on cultural relativism. (...)
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  36.  71 DLs
    Joseph Raz (1998). Multiculturalism. Ratio Juris 11 (3):193-205.
  37.  69 DLs
    Joseph Raz (1970). On Lawful Governments. Ethics 80 (4):296-305.
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  38.  63 DLs
    Joseph Raz (2003). Review: Aspects of Reason. [REVIEW] Mind 112 (447):543-545.
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  39.  61 DLs
    Joseph Raz (1982). Liberalism, Autonomy, and the Politics of Neutral Concern. Midwest Studies in Philosophy 7 (1):89-120.
  40.  60 DLs
    Neil MacCormick & Joseph Raz (1972). Voluntary Obligations and Normative Powers. Aristotelian Society Supplementary Volume 46:59 - 102.
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  41.  56 DLs
    Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
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  42.  55 DLs
    Joseph Raz (1993). H. L. A. Hart (1907–1992). Utilitas 5 (02):145-.
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  43.  52 DLs
    Joseph Raz (1975). Permissions and Supererogation. American Philosophical Quarterly 12 (2):161 - 168.
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  44.  51 DLs
    Joseph Raz (2004). Incorporation by Law. Legal Theory 10 (1):1-17.
    My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.
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  45.  49 DLs
    Joseph Raz, Is There a Reason to Keep Promises.
    If promises are binding there must be a reason to do as one promised. The paper is motivated by belief that there is a difficulty in explaining what that reason is. It arises because the reasons that promising creates are content-independent. Similar difficulties arise regarding other content-independent reasons, though their solution need not be the same. -/- Section One introduces an approach to promises, and outlines an account of them that I have presented before. It forms the backdrop for the (...)
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  46.  47 DLs
    Joseph Raz (1999). Engaging Reason: On the Theory of Value and Action. Oxford University Press.
    Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. The essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. The book is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.
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  47.  40 DLs
    Joseph Raz (2003). The Practice of Value - Reply. In Jay Wallace (ed.), The Practice of Value. Oxford University Press
    The privilege of having three sets of extensive and hard-hitting comments on one's work is as welcome as it is rare, and especially so on this occasion as the lectures were, for me, but thefirst (well, not entirely first) stab at a subject I hope to explore at greater length. The reflectionsthat follow will respond to some of the criticisms, but will not be a point by point reply. I will use the occasion to clarify some obscurities in the lectures, (...)
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  48.  38 DLs
    Joseph Raz (2003). Numbers, with and Without Contractualism. Ratio 16 (4):346–367.
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  49.  36 DLs
    Joseph Raz (1996). Why Interpret? Ratio Juris 9 (4):349-363.
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