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Raz on Gaps: The Surprising Part

In Lukas H. Meyer, Stanley L. Paulson & Thomas Winfried Menko Pogge (eds.), Rights, culture, and the law: themes from the legal and political philosophy of Joseph Raz. New York: Oxford University Press (2003)

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  1. The Persistent Significance of Jurisdiction.Dimitrios Kyritsis - 2012 - Ratio Juris 25 (3):343-367.
    According to Joseph Raz's sources thesis, the existence and content of authoritative directives must be identifiable by resort to the social fact of their provenance from a de facto authority, without regard to any of the normative considerations that the authority in question is supposed to rely on in its judgment. This article argues that the sources thesis fails to account for the role of jurisdictional considerations (namely, considerations about the scope of a de facto authority's power) in the identification (...)
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  • On the Exclusionary Scope of Razian Reasons.J. J. Moreso - 2024 - Ratio Juris 37 (2):148-160.
    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 (...)
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