Law and Philosophy 31 (1):49-75 (2012)

Abstract
Joseph Raz’s account of norms provides that a norm requiring an agent to φ is a reason to φ protected by an exclusionary reason not to act on some other reasons. I present a dilemma concerning the determination of the contents of this set of excluded reasons. The question is whether or not the set includes reasons that count in favour of φing. If the answer is yes, the account is committed to a picture of norms that seems inconsistent with the phenomenology, in that it rules out acting on the very reasons on which the norm is based. If the answer is no, the account licenses a problematic form of double counting of reasons. I conclude that Raz’s protected reasons account of norms must be rejected, and tentatively suggest a solution to the problem posed by the dilemma
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DOI 10.1007/s10982-011-9115-0
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References found in this work BETA

Justification Under Authority.John Gardner - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):71-98.
Reasons.John Gardner & Timothy Macklem - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
Reasons.John Gardner & Timothy Macklem - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.

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Citations of this work BETA

Legal Obligation and Reasons.Christopher Essert - 2013 - Legal Theory 19 (1):63-88.
In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
Content-Independence and Natural-Duty Theories of Political Obligation.Jiafeng Zhu - 2018 - Philosophy and Social Criticism 44 (1):61-80.

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