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Reasons
In Jules Coleman & Scott J. Shapiro,The Oxford Handbook of Jurisprudence and Philosophy of Law. New York: Oxford University Press UK (2002)
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This paper champions the view (REG) that the concept of a normative reason for an agent S to perform an action A is that of an explanation why it would be good (in some way, to some degree) for S to do A. REG has numerous virtues, but faces some significant challenges which prompt many philosophers to be skeptical that it can correctly account for all our reasons. I demonstrate how five different puzzles about normative reasons can be solved by (...) attention to the concept of goodness, and in particular observing the ways in which it—and consequently, talk about reasons—is sensitive to context (ends and information). Rather than asking simply whether or not certain facts are reasons for S to do A, we need to explore the contexts in which it is and is not correct to describe a certain fact as “a reason” for S to do A. These five puzzles concern: (1) reasons for attitudes of the “right kind”, (2) evidence as reasons, (3) normative facts as reasons, (4) subjective reasons, and (5) attitudes as reasons. (shrink) | |
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. (shrink) | |
A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...) policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other. (shrink) | |
This paper defends a moralized account of conventions, according to which conventional practices are necessarily normative reasons that are ultimately grounded on moral principles . It argues that a convention exists just in case the fact that others participate in some common practice as well as facts about their motivating reasons for doing so, justify conformity to that practice. The paper locates this moralized account within the relevant philosophical literature and argues that it does better than its rivals in explaining (...) the presence of both motivating and normative reasons in our concept of convention. (shrink) | |
This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...) has been issued can be a reason for action, yet one that is underpinned by bedrock values which law is apt to serve. Notions discussed here include a value-based conception of reasons as facts ; a distinction between complete and incomplete reasons ; and David Enoch’s idea of triggering reason-giving. Following a discussion of criticism against the view adopted here, the chapter concludes by considering some more ‘robust’ conceptions of law’s reason-giving capacity. (shrink) | |
This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp. | |
Scott Shapiro, an exclusive legal positivist, argues that inclusive legal positivism is inconsistent with the view that legal norms must conceptually provide reasons for agents of a legal system to act in specified ways. I defend inclusive legal positivism from Shapiro's charge of inconsistency. |
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