This paper addresses the question of how the ‘weight’ or ‘strength’ of normative reasons is best understood. We argue that, given our preferred analysis of reasons as sources of normative support, this question has a straightforward answer: the weight of a normative reason is simply a matter of how much support it provides. We also critically discuss several competing views of reasons and their weight. These include views which take reasons to be normatively fundamental, views which analyze reasons as evidence (...) concerning what one ought to do, views which analyze reasons in terms of good reasoning, and views which analyze reasons as explanations of ought-facts, fittingness-facts, or goodness-facts. (shrink)

In this paper, we present and defend a natural yet novel analysis of normative reasons. According to what we call support-explanationism, for a fact to be a normative reason to φ is for it to explain why there's normative support for φ-ing. We critically consider the two main rival forms of explanationism—ought-explanationism, on which reasons explain facts about ought, and good-explanationism, on which reasons explain facts about goodness—as well as the popular Reasons-First view, which takes the notion of a normative (...) reason to be normatively fundamental. Support-explanationism, we argue, enjoys many of the virtues of these views while avoiding their drawbacks. We conclude by exploring several further important implications: among other things, we argue that the influential metaphor of ‘weighing’ reasons is inapt, and propose a better one; that, contrary to what Berker (2019) suggests, there's no reason for non-naturalists about normativity to accept the Reasons-First view; and that, contrary to what Wodak (2020b) suggests, explanationist views can successfully accommodate what he calls ‘redundant reasons’. (shrink)

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)

In this paper, I argue against the commonly held view that paternalism is all things considered wrong when it interferes with a person’s autonomy. I begin by noting that the plausibility of this view rests on the assumption that there is a morally relevant difference in the normative reasons concerning an intervention in a person’s self-regarding actions and an intervention in his other-regarding actions. I demonstrate that this assumption cannot be grounded by wellbeing reasons, and that autonomy-based reasons of non-interference (...) also cannot adequately explain the difference. Following this, I propose that the difference in the reasons related to an intervention in a person’s self-regarding actions and an intervention in his other-regarding actions can be explained by the value of holding a person responsible for his choices. Nonetheless, this does not result in paternalistic behavior that interferes with autonomy being all things considered wrong. Instead, I show that the reason to hold a person responsible for a diminution of his wellbeing does not necessarily defeat the wellbeing reasons that count in favor of paternalistic behavior. (shrink)

Many think that it would be wrong to defend an individual from attack if he competently and explicitly refuses defensive intervention. In this paper, I consider the extent to which the preferences of victims affect the permissibility of defending groups or aggregates. These cases are interesting and difficult because there is no straightforward sense in which a group can univocally consent to or refuse defensive intervention in the same way that an individual can. Among those who have considered this question, (...) the dominant view is that that consent imposes only an extremely weak constraint on defending groups. I argue that this is mistaken and defend a much more robust requirement. Indeed, on the account that I develop there are cases in which the refusal of a single member of a victim is enough to make it impermissible to defend a much larger group. At the heart of my account is the idea that consent functions as an internal component of the broader requirement that defensive harms be proportionate: if a victim validly refuses defensive intervention, the fact that defence will benefit him cannot be used to justify harming innocents as the lesser-evil. An important implication of this view is that what constitutes sufficient consent from the members of a victim group will vary on a case-by-case basis. (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.

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...) difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (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)

The fifteen new essays collected in this volume address questions concerning the ethics of self-defense, most centrally when and to what extent the use of defensive force, especially lethal force, can be justified. Scholarly interest in this topic reflects public concern stemming from controversial cases of the use of force by police, and military force exercised in the name of defending against transnational terrorism. The contributors pay special attention to determining when a threat is liable to defensive harm, though doubts (...) about this emphasis are also raised. The legitimacy of so-called "stand your ground" policies and laws is also addressed. This volume will be of great interest to readers in moral, political, and legal philosophy. (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)

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)

This article is a contribution to a symposium on Kit Wellman’s intriguing monograph, Rights Forfeiture and Punishment. Primarily, the article grapples with Wellman’s claims regarding the moral permissibility of sadistic punishment. The metaphor of “philosophical languages” is employed throughout, to compare Wellman’s use of rights-forfeiture discourse to an approach that is grounded in practical-reasons discourse. This study in philosophical translation allows us to reassess and critique Wellman’s conclusions regarding the moral permissibility of sadistic punishment. On one level, the article is (...) an attempt to engage with Wellman’s book and rights-forfeiture based arguments on, and in, their own terms. Yet, the article is also an attempt to explain and defend a practical-reasons based approach to appraising moral permissibility. If the article succeeds, it both pays tribute to Wellman’s masterful rights-forfeiture arguments, while making the case that practical-reason arguments illuminate a wider range of salient considerations that we should wish to keep in view when considering the moral permissibility of sadistic punishments. (shrink)

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.