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| joseph raz: The Practice of Value Joseph Raz, Christine Marion Korsgaard, Robert B. Pippin, Bernard Arthur Owen Williams, 2005 The Practice of Value is an exploration of a pervasive but puzzling aspect of our world: value. The starting-point is the Berkeley Tanner Lectures delivered in 2001 by the leading moral theorist Joseph Raz. His aim is to make sense of the dependence of value on social practice, without falling back on cultural relativism. The lectures are followed by discussions from three eminent philosophers, Christine Korsgaard, Robert Pippin, and Bernard Williams, and a response from. Raz. The result is a fascinating debate, accessible to readers throughout and beyond philosophy, about the relations betwee. |
| joseph raz: Authority Joseph Raz, 1990-12 Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory. |
| joseph raz: Between Authority and Interpretation Joseph Raz, 2009-02-19 In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy. |
| joseph raz: Practical Reason and Norms Joseph Raz, 1999-09-09 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. |
| joseph raz: From Normativity to Responsibility Joseph Raz, 2011-12-08 What are our duties or rights? How should we act? What are we responsible for? How do we determine the answers to these questions? Joseph Raz examines and explains the philosophical issues underlying these everyday quandaries. He explores the nature of normativity--namely, the fact that we believe and feel we should behave in certain ways, the reasoning behind certain beliefs and emotions, and various basic features of making decisions about what to do. He goes on to consider when we are responsible for our actions and omissions, and offers a novel account of responsibility. We can think of responsibility for unjustified actions or attitudes as a precondition of the blameworthiness of a person for an attitude or an action, or perhaps for a whole set of actions, intentions, or beliefs. Responsibility for justified actions or attitudes may be a precondition of praiseworthiness. Either way responsibility may point to further consequences of being justified or unjustified, rational or not. But crucially, responsibility attaches to people in a more holistic way. Some people are responsible for their actions, while others are not. In this way, Raz argues that the end is in the beginning, in understanding how people are subject to normativity, namely how it is that there are reasons addressed to them, and what is the meaning of that for our being in the world. |
| joseph raz: Reason and Value R. Jay Wallace, 2004 Reason and Value collects fifteen brand-new papers by leading contemporary philosophers on themes from the moral philosophy of Joseph Raz. The subtlety and power of Raz's reflections on ethical topics - including especially his explorations of the connections between practical reason and the theory of value - make his writings a fertile source for anyone working in this area. The volume honours Raz's accomplishments in the area of ethical theorizing, and will contribute to an enhanced appreciation of the significance of his work for the subject. |
| joseph raz: The Roots of Normativity PROF JOSEPH. RAZ, Research Professor of Law Joseph Raz, Ulrike Heuer, 2024-06 Joseph Raz addresses one of the most basic philosophical questions: how to explain normativity in its many guises. His value-based account is brought to bear on many aspects of the lives of rational beings and their agency, such as their ability to maintain relationships, and to live their lives as social beings with a sense of their identity. |
| joseph raz: Human Morality Samuel Scheffler, 1992 'An immensely rich book.... The book is extremely careful, resourceful, and reasonable. It is essential reading for everyone interested in ethics.' -Mind |
| joseph raz: The Concept of Law HLA Hart, 2012-10-25 Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century, and remains the starting point for most students coming to the subject for the first time. In this third edition, Leslie Green provides a new introduction that sets the book in the context of subsequent developments in social and political philosophy, clarifying misunderstandings of Hart's project and highlighting central tensions and problems in the work. |
| joseph raz: The Morality of Freedom Joseph Raz, 1986-06-12 Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments. |
| joseph raz: Engaging Reason Joseph Raz, 2000-01-13 Engaging Reason offers a penetrating examination of a set of fundamental questions about human thought and action. In these tightly argued and interconnected essays Joseph Raz examines the nature of normativity, reason, and the will; the justification of reason; and the objectivity of value. He argues for the centrality, but also demonstrates the limits, of reason in action and belief. He suggests that our life is most truly our own when our various emotions, hopes, desires, intentions, and actions are guided by reason. He explores the universality of value and of principles of reason on one side, and on the other side their dependence on social practices, and their susceptibility to change and improvement. He concludes with an illuminating explanation of self-interest and its relation to impersonal values in general and to morality in particular. Joseph Raz has been since the 1970s a prominent, original, and widely admired contributor to the study of norms, values, and reasons, not just in philosophy but in political and legal theory. This volume displays the power and unity of his thought on these subjects, and will be essential reading for all who work on them. |
| joseph raz: In Pursuit of Pluralist Jurisprudence Nicole Roughan, Andrew Halpin, 2017-09-14 This book presents and evaluates theoretical approaches to 'pluralist jurisprudence' and assesses the viability of theorising law extending beyond the state. |
| joseph raz: Practical Reasoning Joseph Raz, 1978 |
| joseph raz: Authority Joseph Raz, 1990-12 Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory. |
| joseph raz: Perfectionism and Neutrality George Klosko, Steven Wall, 2003 The debate between neutrality and perfectionism has been at the center of political philosophy for 20 years. This volume brings together papers and ideas on both side of the discussion. |
| joseph raz: The Authority of Law Joseph Raz, 2009-06-18 Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values. |
| joseph raz: Judging Positivism Margaret Martin, 2014-03-17 Judging Positivism is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike. |
| joseph raz: Rights, Culture, and the Law Lukas H. Meyer, Stanley L. Paulson, Thomas Winfried Menko Pogge, 2003 This volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, authority, group rights and multiculturalism. |
| joseph raz: The Cambridge Companion to Legal Positivism Torben Spaak, Patricia Mindus, 2021-02-04 The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism. |
| joseph raz: Common Good Constitutionalism Adrian Vermeule, 2022-02-08 The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students. |
| joseph raz: Liberalism, Perfectionism and Restraint Steven Wall, 1998-09-13 Are liberalism and perfectionism compatible? In this study Steven Wall presents and defends a perfectionist account of political morality that takes issue with many currently fashionable liberal ideas but retains the strong liberal commitment to the ideal of personal autonomy. He begins by critically discussing the most influential version of anti-perfectionist liberalism, examining the main arguments that have been offered in its defence. He then clarifies the ideal of personal autonomy, presents an account of its value and shows that a strong commitment to personal autonomy is fully compatible with an endorsement of perfectionist political action designed to promote valuable pursuits and discourage base ones. |
| joseph raz: Authorities Nicole Roughan, 2013-09 The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of relative authority. This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority. |
| joseph raz: The People Themselves Larry D. Kramer, 2004-06-10 In this groundbreaking interpretation of America's founding and of its entire system of judicial review, Larry Kramer reveals that the colonists fought for and created a very different system--and held a very different understanding of citizenship--than Americans believe to be the norm today. Popular sovereignty was not just some historical abstraction, and the notion of the people was more than a flip rhetorical device invoked on the campaign trail. Questions of constitutional meaning provoked vigorous public debate and the actions of government officials were greeted with celebratory feasts and bonfires, or riotous resistance. Americans treated the Constitution as part of the lived reality of their daily existence. Their self-sovereignty in law as much as politics was active not abstract. |
| joseph raz: The Value of Rationality Ralph Wedgwood, 2017 Ralph Wedgwood gives a general account of the concept of rationality. The Value of Rationality is designed as the first instalment of a trilogy - to be followed by accounts of the requirements of rationality that apply specifically to beliefs and choices. The central claim of the book is that rationality is a normative concept. This claim is defended against some recent objections. Normative concepts are to be explained in terms of values (not in terms of 'ought' or reasons). Rationality is itself a value: rational thinking is in a certain way better than irrational thinking. Specifically, rationality is an internalist concept: what it is rational for you to think now depends solely on what is now present in your mind. Nonetheless, rationality has an external goal - the goal of thinking correctly, or getting things right in one's thinking. The connection between thinking rationally and thinking correctly is probabilistic: if your thinking is irrational, that is in effect bad news about your thinking's degree of correctness. This account of rationality explains how we should set about giving a theory of what it is for beliefs and choices to be rational. Wedgwood thus unifies practical and theoretical rationality, and reveals the connections between formal accounts of rationality (such as those of formal epistemologists and decision theorists) and the more metaethics-inspired recent discussions of the normativity of rationality. He does so partly by drawing on recent work in the semantics of normative and modal terms (including deontic modals like 'ought'). |
| joseph raz: Playing by the Rules Frederick Schauer, 1991-08-22 This is a philosophical but non-technical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language, and family governance. In both explaining the idea of a rule and making the case for taking rules seriously, the book is a departure both in scope and in perspective from anything that now exists. |
| joseph raz: The Philosophy of International Law Samantha Besson, John Tasioulas, 2010-04 This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions. |
| joseph raz: Natural Law Theory Robert P. George, 1992 This volume presents twelve original essays by contemporary natural law theorists and their critics. Natural law theory is enjoying a revival of interest today in a variety of disciplines, including law, philosophy, political science, and theology and religious studies. These essays offer readers a sense of the lively contemporary debate among natural law theorists of different schools, as well as between natual law theorists and their critics. |
| joseph raz: Law as a Leap of Faith John Gardner, 2012-09-06 How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. |
| joseph raz: Law, Morality, and Society Herbert Lionel Adolphus Hart, Peter Michael Stephan Hacker, Joseph Raz, 1979 |
| joseph raz: A Midsummer Night's Dream William Shakespeare, 1877 |
| joseph raz: Justifying Toleration Susan Mendus, 1988-04-28 This book traces the growth of philosophical justifications of toleration. The contributors discuss the grounds on which we may be required to be tolerant and the proper limits of toleration. They consider the historical and conceptual relation between toleration and scepticism and ask whether toleration is justified by considerations of autonomy or of prudence. The papers cover a range of perspectives on the subject, including Marxist and Socialist as well as liberal views. The editor's introduction prepares the ground by discussing the essential features of the subject and offers a lucid survey of the theories and arguments put forward in the book. The collection arises out of the Morrell Toleration Project at the University of York and all the papers were written as contributions to that project. The discussion will be of interest to specialists in philosophy, in political and social theory and in intellectual history. |
| joseph raz: Necessity in International Law Jens David Ohlin, Larry May, 2016 Military necessity from Gentili and Grotius to Lieber -- The future of military necessity -- Necessity in human rights law and jus in bello -- Striking a balance between humanity and necessity -- Necessity and the principle of last resort in just war theory -- Necessity and the use of force in jus ad bellum -- Necessity and the principle of distinction in just war theory -- Necessity in international criminal law -- Combatants and civilians in asymmetric war -- Disabling vs. killing in war -- The duty to capture -- Force protection |
| joseph raz: Philosophical Foundations of Contract Law Gregory Klass, George Letsas, Prince Saprai, 2014-12-18 In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate. |
| joseph raz: The Rule of Law and the Separation of Powers Richard Bellamy, 2017-07-05 The rule of law is frequently invoked in political debate, yet rarely defined with any precision. Some employ it as a synonym for democracy, others for the subordination of the legislature to a written constitution and its judicial guardians. It has been seen as obedience to the duly-recognised government, a form of governing through formal and general rule-like laws and the rule of principle. Given this diversity of view, it is perhaps unsurprising that certain scholars have regarded the concept as no more than a self-congratulatory rhetorical device. This collection of eighteen key essays from jurists, political theorists and public law political scientists, aims to explore the role law plays in the political system. The introduction evaluates their arguments. The first eleven essays identify the standard features associated with the rule of law. These are held to derive less from any characteristics of law per se than from a style of legislating and judging that gives equal consideration to all citizens. The next seven essays then explore how different ways of separating and dispersing power contribute to this democratic style of rule by forcing politicians and judges alike to treat people as equals and regard none as above the law. |
| joseph raz: Philosophical Foundations of the Nature of Law Wil Waluchow, Stefan Sciaraffa, 2013-03-14 In recent years we have witnessed major developments in philosophical inquiry concerning the nature of law and, with the continuing development of international and transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy. The volume covers four broad themes. The essays within the first theme address and develop the traditional debates between legal positivism, natural law theory, and Dworkinian interpretivism. Papers within the second theme focus on the power of coercion, often overlooked in contemporary legal philosophy. The third set of papers addresses the aims and methods of legal theory, and the role of conceptual analysis. The final section explores new methods and issues in the subject, and offers fresh starting points for future work in the field. Gathering many leading and up-and-coming writers in the subject, the volume offers a snapshot of the best current work in general jurisprudence. |
| joseph raz: Constitutionalism Larry Alexander, 2001-02-26 A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. |
| joseph raz: Hobbes on Legal Authority and Political Obligation Luciano Venezia, 2015-09-01 Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them. |
| joseph raz: Law, Rights and Discourse George Pavlakos, 2007 A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years, Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular. |
| joseph raz: The Concept of Law Herbert Lionel Adolphus Hart, 1986 |
| joseph raz: On Social Freedom John Stuart Mill, 1941 |
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