Ratio Juris 25 (3):318-342 (2012)
Authors |
|
Abstract |
What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the “motivational” model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning, exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons that the exclusionary reasons protect). Some of his critics take him to be committed to another model of exclusionary reasons which I label the “consideration” model. According to this model exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the “reconsideration” model. In the reconsideration model, exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function not only of decisions but also of personal rules and authoritative directives
|
Keywords | No keywords specified (fix it) |
Categories | (categorize this paper) |
DOI | 10.1111/j.1467-9337.2012.00516.x |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
Intention, Plans, and Practical Reason.Michael Bratman - 1987 - Cambridge: Cambridge, MA: Harvard University Press.
Ethics in the Public Domain: Essays in the Morality of Law and Politics.Joseph Raz - 1994 - Oxford University Press.
View all 15 references / Add more references
Citations of this work BETA
No citations found.
Similar books and articles
The Irrationality of Merciful Legal Judgement: Exclusionary Reasoning and the Question of the Particular.A. E. - 1999 - Law and Philosophy 18 (3):215-241.
The Irrationality of Merciful Legal Judgement: Exclusionary Reasoning and the Question of the Particular. [REVIEW]Emilios A. Christodoulidis - 1999 - Law and Philosophy 18 (3):215 - 241.
An Essay on the Desire-Based Reasons Model.Attila Tanyi - 2006 - Dissertation, Central European University
Rethinking Exclusionary Reasons: A Second Edition of Joseph Raz's. [REVIEW]William A. Edmundson - 1993 - Law and Philosophy 12 (3):329-343.
Authority and Reasons: Exclusionary and Second‐Personal.Stephen Darwall - 2010 - Ethics 120 (2):257-278.
Review: Rethinking Exclusionary Reasons: A Second Edition of Joseph Raz's "Practical Reason and Norms". [REVIEW]William A. Edmundson - 1993 - Law and Philosophy 12 (3):329 - 343.
Exclusionary Reasons and the Explanation of Behaviour.Roger A. Shiner - 1992 - Ratio Juris 5 (1):1-22.
Analytics
Added to PP index
2012-08-04
Total views
28 ( #406,036 of 2,499,411 )
Recent downloads (6 months)
1 ( #418,166 of 2,499,411 )
2012-08-04
Total views
28 ( #406,036 of 2,499,411 )
Recent downloads (6 months)
1 ( #418,166 of 2,499,411 )
How can I increase my downloads?
Downloads