On the Exclusionary Scope of Razian Reasons

Ratio Juris (forthcoming)
  Copy   BIBTEX

Abstract

This article attempts to illustrate the originality, depth, and farsightedness of Joseph Raz's conception, especially his idea that legal norms provide us with protected reasons to act, that is, with first-order reasons to behave as they prescribe, and with second-order, exclusionary reasons not to act for reasons against what they prescribe. But the article also highlights some aspects that raise doubts in my mind, especially with regard to the scope of these exclusionary reasons. This in two ways: by asking, on the one hand, in what sense and subject to what limits legal norms provide exclusionary reasons for the organs entrusted with applying the law, especially for judges, and on the other hand, how and to what extent legal norms provide citizens with exclusionary reasons. So, in recognizing the strength of the Razian conception, the article also points to some of the difficulties it faces.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,197

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

How exclusionary reasons guide.Kenneth M. Ehrenberg - 2024 - Jurisprudence 15 (1):71-76.
The Curious Case of Exclusionary Reasons.Emran Mian - 2002 - Canadian Journal of Law and Jurisprudence 15 (1):99-124.
(Really) defending exclusionary reasons.Ezequiel Monti - 2024 - Jurisprudence 15 (1):48-70.
In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
Paternalism and Exclusion.Kyle van Oosterum - 2024 - Journal of Ethics and Social Philosophy 26 (3).
Exclusionary Reasons, Virtuous Motivation, and Legal Authority.Andrew Jordan - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):347-64.
Against Deference to Authority.Travis Quigley - 2023 - Journal of Ethics and Social Philosophy 26 (1).
Practical Reason and Norms, 2nd edition.Joseph Raz - 1990 - Princeton University Press.

Analytics

Added to PP
2024-05-10

Downloads
1 (#1,904,130)

6 months
1 (#1,477,342)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Jose Juan Moreso
Universitat Pompeu Fabra

Citations of this work

No citations found.

Add more citations

References found in this work

The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
The Possibility of Physicalism.Shamik Dasgupta - 2014 - Journal of Philosophy 111 (9-10):557-592.
Grounding Explanations.Louis deRosset - 2013 - Philosophers' Imprint 13.
How Is Weakness of the Will Possible?Donald Davidson - 1969 - In Joel Feinberg (ed.), Moral concepts. London,: Oxford University Press.
Practical Reason and Norms.Joseph Raz - 1975 - Law and Philosophy 12 (3):329-343.

View all 17 references / Add more references