Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other main conclusions are (...) as follows. First, a state’s participation in international institutions can contribute to its legitimacy in several ways. Second, when international institutions contribute to the legitimacy of states, their doing so can contribute to their own legitimacy. Third, a theory of international legitimacy ought to recognize reciprocal legitimation between states and international institutions. (shrink)

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 (...) value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

_In Defense of Anarchism_ is a 1970 book by the philosopher Robert Paul Wolff, in which the author defends individualist anarchism. He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.

A normative reason for a person to? is a consideration which favours?ing. A motivating reason is a reason for which or on the basis of which a person?s. This paper explores a connection between normative and motivating reasons. More specifically, it explores the idea that there are second-order normative reasons to? for or on the basis of certain first-order normative reasons. In this paper, I challenge the view that there are second-order reasons so understood. I then show that prominent views (...) in contemporary epistemology are committed to the existence of second-order reasons, specifically, views about the epistemic norms governing practical reasoning and about the role of higher-order evidence. If there are no second-order reasons, those views are mistaken. (shrink)

Marcus argues that moral dilemmas are real, but that they are not the result of inconsistent moral principles. Moral principles are consistent just in case there is some world where all principles are 'obeyable.' They are inconsistent just in case there is no world where all are 'obeyable.' What this logical point is meant to show is that moral dilemmas do not make moral codes inconsistent. She also discusses guilt, and argues that guilt is still appropriate even in cases of (...) conflict, even when the agent thinks the right thing to do is clear. (shrink)

Scholars who doubt the existence of general political obligations typically criticize and reject theories of obligation based on individual moral principles, for example, consent, fairness, or a natural duty of justice. Astronger position can result fromcombining different principles in a single theory. I develop a multiprinciple theory of political obligation, based on the principle of fairness, a natural duty of justice, and what I call the “common good” principle. The three principles interact in three main ways: “cumulation,” combining the separate (...) state services that different principles cover; “mutual support,” combining the force of different principles in regard to the same state services; and simple overlap. The resulting theory is able to satisfy the main conditions for an adequate theory of obligation: demonstrating that all or nearly all inhabitants of society have moral requirements to obey the law, and that these extend to the full range of state services. (shrink)

Given his commitment to toleration, Edmund Burke is rightly seen as a moral pluralist. What has largely gone unnoticed, however, is his value pluralism. Whereas moral pluralism refers to normative...

In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...) it is not the case that toleration as a value commitment is entailed by value pluralism. Rather, the value pluralist line of argument that can be defended is that toleration is simply one value among others, that there is no general rule showing that it has priority over other values, but also that it cannot be excluded altogether as a value. (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)

Although the study of reasons plays an important role in both epistemology and moral philosophy, little attention has been devoted to the question of how, exactly, reasons interact to support the actions or conclusions they do. In this book, John F. Horty attempts to answer this question by providing a precise, concrete account of reasons and their interaction, based on the logic of default reasoning. The book begins with an intuitive, accessible introduction to default logic itself, and then argues that (...) this logic can be adapted to serve as a foundation for a concrete theory of reasons. Horty then shows that the resulting theory helps to explain how the interplay among reasons can determine what we ought to do by developing two different deontic logics, capturing two different intuitions about moral conflicts.In the central part of the book, Horty elaborates the basic theory to account for reasoning about the strength of our own reasons, and also about the related concepts of undercutting defeaters and exclusionary reasons. The theory is illustrated with an application to particularist arguments concerning the role of principles in moral theory. The book concludes by introducing a pair of issues new to the philosophical literature: the problem of determining the epistemic status of conclusions supported by separate but conflicting reasons, and the problem of drawing conclusions from sets of reasons that can vary arbitrarily in strength, or importance. (shrink)

What are our duties or rights? How should we act? What are we responsible for? Joseph Raz examines the philosophical issues underlying these everyday questions. He explores the nature of normativity--the reasoning behind certain beliefs and emotions about how we should behave--and offers a novel account of responsibility.

Overview of the main issues about value pluralism.

What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics, or everyday life? The answers range from the very ambitious to the modest. The ambitious claim that there is a special and distinctive legal logic, or legal ways of reasoning, modes of reasoning which set the law apart from all other disciplines. Opposing them are the modest, who claim that there is nothing special to legal reasoning, that (...) reason is the same in all domains. According to them, only the contents of the law differentiate it from other areas of inquiry, whereas its mode of reasoning is the one common to all domains of inquiry. (shrink)

The goal of this paper is to frame a theory of reasons--what they are, how they support actions or conclusions--using the tools of default logic. After sketching the basic account of reasons as provided by defaults, I show how it can be elaborated to deal with two more complicated issues: first, situations in which the priority relation among defaults, and so reasons as well, is itself established through default reasoning; second, the treatment of undercutting defeat and exclusionary reasons. Finally, and (...) by way of application, I show how the resulting account can shed some light on Jonathan Dancy's argument from reason holism to a form of extreme particularism in moral theory. (shrink)

The problem I have in mind is the problem of the possible justification of subjecting one's will to that of another, and of the normative standing of demands to do so. The account of authority that I offered, many years ago, under the title of the service conception of authority, addressed this issue, and assumed that all other problems regarding authority are subsumed under it. Many found the account implausible. It is thin, relying on very few ideas. It may well (...) appear to be too thin, and to depart too far from many of the ideas that have gained currency in the history of reflection on authority. The present article modifies some aspects the account, and defends it against some criticism made against it. (shrink)

This article explores Joseph Raz's concept of exclusionary reasons and attempts to explain how this concept fits into a general account of the authority of law. That account is elucidated and the concept of exclusionary force is considered in some detail. The article suggests that if 'exclusion' is read in a strong sense, it is extremely difficult to find examples of its existence. If though it is read in any weaker sense, it appears indistinguishable from the idea of 'weight'. The (...) article also considers the phenomenological, functional and ultimately, the existential reasons in favour of saying, as Raz does, that all legal authorities make their claims to authority in terms of exclusionary reasons. It is argued that this is both unlikely and unnecessary. The curious nature of exclusionary reasons is hence thoroughly unearthed. (shrink)