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Legal Directives and Practical Reasons

Noam Gur

Oxford: Oxford University Press (2018)

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In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.details Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of exclusionary reasons by appeal to commonsense (...) Download Export citation Bookmark 13 citations
Procedure-content interaction in attitudes to law and in the value of the rule of law : an empirical and philosophical collaboration.Noam Gur & Jonathan Jackson - 2021 - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott, Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives. New York, NY: Routledge.details This chapter begins with an empirical analysis of attitudes towards the law, which inspires a philosophical re-examination of the moral status of the rule of law. The chapter analyses survey data from the US about law-related attitudes and legal compliance. Consistently with prior studies, it finds that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s (...) Download Export citation Bookmark 1 citation
Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration.Noam Gur & Jonathan Jackson - 2021 - In Meyerson Denise, Catriona Mackenzie & Therese MacDermott, Procedural Justice and Relational Theory: Empirical, Philosophical, and Legal Perspectives. New York, NY: Routledge.details This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) Download Export citation Bookmark
Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac, The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.details 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 (...) Download Export citation Bookmark

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