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, ...

Particularism's model of explanation is challenged on the ground that a sensible intelligibility principle requires that there must be an explanation for the difference between a good and a bad action. Raz is concerned with what it is to be guided by reason, as well as with the results of the fact that reason can often undermine particular outcomes. What determines the moral status of an action must extend beyond what the agent's reason for acting is. It is argued that (...) there is a clear distinction between the evaluative and guiding functions of reasons. (shrink)

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. In response, three eminent philosophers, Christine Korsgaard, Robert Pippin, and Bernard Williams, offer their own distinctive reflections on the connections between value and practice. The book begins with an introduction by Jay Wallace, setting the scene for what follows, and ends with a response from Raz to his commentators. The result is a fascinating debate, accessible to readers throughout and beyond philosophy, about the relations between human values and human life. (shrink)

What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

In Law's Empire Prof. Ronald Dworkin has advanced a new theory of law, complex and intriguing. He calls it law as integrity. But in some ways the more radical and surprising claim he makes is that not only were previous legal philosophers mistaken about the nature of law, they were also mistaken about the nature of the philosophy of law or jurisprudence. Perhaps it is possible to summarize his main contentions on the nature of jurisprudence in three theses: First, jurisprudence (...) is interpretive: “General theories of law… aim to interpret the main point and structure of legal practice”. Second, legal philosophy cannot be a semantic account of the word “law.” Legal philosophers “cannot produce useful semantic theories of law”. Third, legal philosophy or jurisprudence “is the general part of adjudication, silent prologue to any decision at law”. (shrink)

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 volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

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 (...) -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

Joseph Raz presents a penetrating exploration of the interdependence of value, reason, and the will. These essays illuminate a wide range of questions concerning fundamental aspects of human thought and action. Engaging Reason is a summation of many years of original, compelling, and influential work by a major contemporary philosopher.

Autonomy is an ideal of self‐creation, or self‐authorship; it consists in an agent's successful pursuit of willingly embraced, valuable options, where the agent's activities are not dominated by worries about mere survival. Autonomy in its primary sense is to be understood as the actual living of an autonomous life; autonomy in its secondary sense is to be understood as the capacity to live autonomously. To be autonomous, agents have to meet three conditions: they must possess certain mental capacities, they must (...) have an adequate range of valuable options, and they must enjoy independence from coercion and manipulation. Autonomy should be distinguished from self‐realization, as autonomous persons may choose not to realize their capacities. Autonomy itself, in an environment that supports autonomy, is not similarly optional, as living autonomously is the only way of flourishing within an autonomy‐supporting environment. (shrink)

This chapter addresses the question: what is authority? Authority cannot simply be regarded as a right to rule, as Robert Ladenson has claimed. The recognitional conception of authority, which regards authoritative utterances as reasons to believe that one has a reason to act as instructed, fails to explain why authoritative utterances are also reasons for action. The inspirational conception of authority describes authority in terms of love, but this conception cannot account for authorities that are not ‘loved’ by those whom (...) it rules, nor can it account for the conceptual distinctness of love and authority. Authoritative utterances provide content independent reasons for action, as do promises, threats, offers, and requests, in the sense that there is no direct connection between the reason and the action for which it is a reason. (shrink)

Against Rawls's ‘separateness of persons’ objection to consequentialism, it can be replied that consequentialism does take into account differing personal viewpoints in legitimating trade‐offs between persons’ interests. Nozick's Kantian‐inspired view of rights as side‐constraints is also indecisive, as this view can only proscribe trade‐offs between individuals’ interests that have already been deemed, on independent grounds, to be impermissible. The appearance of agent‐relativity, which underlies both Nozick's case for constraints, and Nagel's argument for partiality, can to some degree be rendered consistent (...) with consequentialism's commitment to agent‐neutrality. More precisely, what might appear to be agent‐relativity may be just agent‐neutrality, but agent‐neutrality as applied to agents’ action's reasons, rather than to their outcome reasons. Williams's argument from integrity, despite its elusiveness, may offer more promising materials for challenging consequentialism. (shrink)

Egalitarian principles should be distinguished from principles, which merely state relevantly complete grounds for the distribution of goods, and which thereafter enjoy a generality of application to those who meet the relevant conditions. Strict or paradigmatic egalitarian principles aim at an equal distribution of a certain good, on grounds generated by existing inequalities in the distribution of that good. Strict egalitarianism should be distinguished from rhetorical egalitarianism, in which equality is invoked simply as a way of drawing attention to the (...) bad effects of inequality; effects that might have arisen in the absence of inequality. Strict egalitarian principles cannot be applied to diminishing principles of entitlement, which already have distributive commitments built into them. Strict egalitarian principles could be applied to non‐diminishing principles of entitlement, but these principles are of doubtful significance to political morality. (shrink)

The ideal of autonomy, together with pluralism, underlies the doctrine of political freedom. Autonomy underlies both positive and negative freedom. Toleration is underpinned by the competitive pluralism that is essential to autonomy. Autonomy is consistent with perfectionism, yet also underlies the ‘harm principle’, which asserts that the only purpose for which the law may use its coercive power is to prevent harm. Perfectionism and the harm principle are consistent with one another because the recommended type of perfectionism abjures coercion, focusing (...) instead on maintaining the framework conditions that are conducive for pluralism and autonomy. (shrink)

Two options are incommensurable if it is neither true that one of them is better than the other, nor true that they are of equal value. A test of incommensurability between two options, which yields a sufficient but not necessary condition of incommensurability, is that there is, or could be, another option that is better than one but is not better than the other. Two incommensurable options may be of roughly equal value, but do not have to be. The existence (...) of significant incommensurability is attested to in our refusal to compare the value of options, and this refusal to compare the value of options helps, in turn, to determine the nature of those values. Incommensurability also helps to illuminate the nature of moral dilemmas. (shrink)

The doctrine of liberty is underpinned by the ideal of autonomy. While the rights that have traditionally been of concern to liberals serve the interests of the individuals protected by those rights, they also tend to promote collective goods, such as the good of toleration, and the good of membership. What accounts, in part, for the force of these rights is their ability to serve such collective goods. The connection between rights and collective goods shows that rights should not be (...) constitutionally entrenched in such a way that they are forever beyond the reach of political action. (shrink)

The doctrine of political neutrality advocates neutrality between different conceptions of the good. Different conceptions of political neutrality are discussed and an important distinction is drawn between ‘narrow’ neutrality and a more demanding standard for ‘comprehensive’ neutrality. Rawls's argument for a version of comprehensive morality is discussed and criticized.

A person's well‐being consists in his successful pursuit of valuable, willingly embraced goals. Many of these goals have a nested structure, and presuppose the existence of social forms or collective goods. Self‐interest is a narrower notion than that of personal well‐being. Self‐interest is advanced by fulfilment of a person's biologically determined needs and desires, including his feelings of satisfaction or contentment that arise from his pursuit of goals, which he was not biologically determined to have. Unlike the division between morality (...) and self‐interest, there is no deep division between morality and personal well‐being. (shrink)

It is argued that rights alone cannot provide a complete account of morality. Personal autonomy is incompatible with moral individualism and strong rights against coercion, since autonomy requires not just options but acceptable options, requiring the provision of collective goods. Collective goods are public goods that are intrinsically valuable, public goods being goods that are valuable for many people in society. There are, then, fundamental moral duties that do not derive from rights. We should not seek to draw a fundamental (...) distinction between moral principles concerned with one's personal goals and those independently concerned with others. (shrink)

The normal justification of authority, as examined in Ch. 3, yields the conclusion that the extent of governmental authority varies from person to person. It cannot justify the authority that governments, in fact, claim for themselves in the case of most people. An analysis of consent is provided in order to explore the prospect that consent might serve to extend the scope of the authority of states. It is argued that consent can ground an extension of political authority only so (...) far as it is non‐instrumentally valuable. Those who, as a mode of expressing identification with their community, consent to the authority of reasonably just governments or respect their laws, are subject to that authority since such modes of consent have non‐instrumental value. (shrink)

Political neutrality, conceived of as the exclusion of ideals, prevents governments from acting for reasons, which appeal to conceptions of the good, whether valid or invalid. Such a position relies on an elusive distinction between one part of morality, the good, and another, the right. Political welfarism, which allows governments to act specifically to increase want satisfaction, is mistaken in regarding want satisfaction as an intrinsic good. The Nozickean style aversion to coercion cannot be effectively grounded in autonomy, since no (...) agents enjoy complete autonomy, and not only human intervention but also nature can restrict autonomy. (shrink)

Legitimate authorities provide pre‐emptive reasons for action, in that the reasons they provide are not to be added to all other relevant reasons when assessing what to do, but should exclude and replace some of those other reasons. Furthermore, legitimate authorities are dependent in the sense that they ought to issue directives that are based on reasons applying independently to the subjects of the directives. The pre‐emption thesis and the dependence thesis are closely related to the normal justification thesis, which (...) states that the normal justification for authority involves showing that the alleged subject is likely to comply better with reasons applicable to him if he accepts the authoritative directives rather than trying to follow the reasons directly. The chapter ends with a discussion of the nature of the explanatory‐normative reasoning employed in the book. (shrink)

Begins with a definition of rights and a discussion of the relation between rights and duties. The right to promise, and rights generated by promising are used as examples to show how rights and duties function. Rights are held to be grounded in interests, since their instrumental value derives from the intrinsic value of well‐being. Thus only those whose well‐being is intrinsically valuable have rights, and rights cannot be regarded as trumps but must be weighed against other valuable ends. The (...) view that rights should be grounded in respect for persons is discussed and rejected. (shrink)

Central to liberalism is the concept of political freedom. Revisionists wrongly claim that liberty has only instrumental value, but they do nevertheless contribute several cogent arguments relevant to the question of how the value of liberty is to be justified. The doctrine of the presumption of liberty and the thesis that liberty ‘just has’ intrinsic value are rightly rejected by revisionists, since neither can ground distinctions between different freedoms. Linguistic analysis is of limited use to the justification of the value (...) of liberty, since distinctions between notions of freedom and unfreedom do not match normatively relevant distinctions. This book seeks to defend a liberal theory of limited government without resort to the mistaken premises of individualism, which it rejects. (shrink)

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.

Postema's article discusses, lucidly and probingly, a central jurisprudential idea, which he calls the autonomy thesis. In its general form it is shared by many writers who otherwise support divergent accounts of the nature of law. It is, according to Postema, a thesis that is meant to account for a core idea, that the law's “defining aim is to … unify public political judgment and coordinate social interaction.” In some form or another this core idea is probably supported by Postema (...) himself. However, in this article his concern is to criticize what he takes to be the widespread belief that it is explained by the autonomy thesis. The autonomy thesis is flawed and must be rejected. In arguing to that conclusion he succumbs to one of the unattractive tendencies of contemporary legal and political philosophy, namely he does not discuss anyone's view, but a family of views. This allows one to construct one's target by selecting features from a variety of authors so that the combined picture is in fact no one's view, and all those cited as adhering to it would disagree with it. (shrink)

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 (...) appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)

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 (...) preliminaries -- Postema on law's autonomy and public practical reasons : a critical comment. (shrink)

The book is a contribution to the study of values, as they affect both our personal and our public life. It defends the view that values are necessarily universal, on the ground that that is a condition of their intelligibility. It does, however, reject most common conceptions of universality, like those embodied in the writings on human rights. It aims to reconcile the universality of value with the social dependence of value and the centrality to our life of deep attachments (...) to people and countries alike. Building from there, the book explores personal love, the value of life, and the fundamental duty of respect for people. (shrink)

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford (...) he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident. (shrink)

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.

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 (...) particular on the nature of the international system. (shrink)

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).

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 (...) actions taken in, and because of, a belief that there is some good in them. I will examine reasons for, and objections to these theses, and offer a defence of a modified version of the thesis. (shrink)