This book offers a new definition of metaphor-as an ontological and visual construction, whose roots are external visual forms, and its motivation is our attachment to forms. This definition, which Michalle Gal names “visualist,” challenges the ruling conceptualist theory of metaphors and places a new emphasis on how we experience rather than understand metaphors. In doing so, she responds to the visual turn that is taking place in literature and the media, demanding that the visual become a site of philosophical (...) analysis. This focus on the external visual world allows Gal to employ visual theories to capture the essence of metaphor. She looks beyond conceptual or semantic mechanism, and returns to theories of Arnheim and Gombrich and the current evolution of ideas about the visual or material and embodied cognition. Proposing to see visual metaphors in their basic form, she uses a new externalist terminology of ontology, visuality, composition, affordance, construction, and emergence. Setting out a new theory that takes into account that humans are visual no less than cognitive creatures, Visual Metaphors and Aesthetics lays the foundation for a new vocabulary to talk about metaphors. (shrink)

This essay characterizes the perception of the visual hybrid as nonconceptual, introducing the terminology of nonconceptual content theory to aesthetics. The visual hybrid possesses a radical but nonetheless exemplary aesthetic composition and is well established in culture, art, and even design. The essay supplies a philosophical analysis of the results of cross-cultural experiments, showing that while categorization or conceptual hierarchization kicks in when the visual hybrids are juxtaposed with linguistic descriptions, no conceptual scheme takes effect when participants are presented with (...) mere visual hybrids. In isolation, the hybrids do not lend themselves to classification. I draw four conclusions from these experimental outcomes: 1. The perception of visual hybrids follows the structure of a nonconceptual mental content, because the original categories or concepts of the hybrids’ components are not combined into one, and their properties are not applied to one another, therefore none of the components reconstructs the other such that it is introduced to a new category. 2. Language freezes the hybridity of the visual hybrid into conceptuality. 3. Given that language has a freezing effect in the case of an extreme visual phenomenon such as the hybrid, it is all the more restraining in moderate artistic compositions, such as visual metaphors, in which properties of one component (the source) are applied to the other (the target). In those, nonconceptuality emerges from relatively organized compositions, forms, and relations, and from the dependence of objects and their properties on perceptual context. 4. Thus, the nonconceptualist terminology is suitable for the analysis of aesthetic perception in general and aesthetic perception’s relation to language. Keywords aesthetics, perception, nonconceptual content, hybrids, visual metaphors. (shrink)

This paper proposes to define metaphor as a visual-material structure, the sphere of which is ontological rather than cognitive or conceptual. It argues that the essence of metaphor, as either an aesthetic or a communicative unit or both, resides in the qualitative dimension and appearance, or even materiality, of the metaphorical medium and its form. The paper thus offers a new theory of metaphor, focusing on the medium of metaphor, which composes and transfigures or reconstructs its target anew: a composition (...) that is prior to understanding or conceptualizing the target. In doing so, the paper presents a formalist ontology of metaphors, established via an externalist account of metaphors, as opposed to the prevailing cognitivist-conceptualist account which I characterize as internalist. The various kinds of metaphor – linguistic, poetic, visual or material – are based on their external structure, rather than an internal-conceptual mechanism of understanding, as assumed by a significant segment of the literature. Visual metaphor, therefore, is the paradigmatic kind of metaphor, the analysis of which can be generalized to other kinds of metaphor. Furthermore, the paper tries to overcome the current discrepancy between the formalist character of the metaphorical medium and the dominance of cognitivist and conceptualist theories of metaphor. Challenging these, I claim that if the identity of metaphor is indeed based on its composition, then it is actually based on its aesthetic qualities. That is to say, not only are there autonomous visual or material metaphors, that are not based on linguistic or conceptual ones, but linguistic and conceptual metaphors are based on visuality: they are enabled by the structural possibilities offered by visual media. (shrink)

The paper analyzes the visual aspect of metaphors, offering a new theory of metaphor that characterizes its syntactic structure, material composition and visuality as its essence. It will accordingly present the metaphorical creating or transfiguring, as well as conceiving or understanding, of one thing as a different one, as a visual ability. It is a predication by means of producing non-conventional compositions – i.e., by compositional, or even aesthetic, means. This definition is aimed to apply to the various kinds of (...) metaphors: conceptual, linguistic, visual, and material. It will thus challenge the definition of metaphor as a conceptual or linguistic phenomenon in nature that is based on its semantic mechanism, broad concepts, and cognitive value. Those definitions have been prevalent since the second half of 20th century, under the influence of the philosophy of language, and later of cognitive studies. (shrink)

This chapter presents the meeting points and conflicts between Arthur Danto’s philosophy of art and George Dickie’s avowedly succeeding theory. Its focus is on the internalist-externalist debate on the ontology of the artwork as created and perceived within the artworld. It shows that both Danto and Dickie developed anti-formalist theories, that contributed to the demise of aesthetic modernism. Inverting the formalist distinction between internal and external properties of the artwork, they classified the sensuous properties of the artwork as secondary in (...) its essence and identity. Accordingly, Danto and Dickie’s definitions of art emerged from the challenge “to be consistent with art appearing in every possible way.” Both negated the Neo-Wittgensteinians’s proposal to forgo the project of defining art and found the then-new pluralism to be revealing of the essence of art, directing philosophy to art’s nonexhibited infrastructure – beyond the reach of the eye. Across from this, the chapter presents their opposing ideas as revealed through different analyses of the concept of the “artworld”: as an intellectual sphere by Danto versus an institutional one by Dickie. Danto’s internalist/intentionalist ontology begins with the mental and stretches to its embodying material. Opposing it, Dickie’s externalist ontology points to social practices as constituting the artwork, which is attributed with the status of “arthood” by agents in its social sphere. Accordingly, I claim, Danto’s ontology is more versatile than Dickie’s. -/- . (shrink)

This chapter presents the formalist account of the moral status of an artwork as an aesthetically significant and autonomous form, with due emphasis on the Anglo-American art-for-art’s-sake aesthetic, as it developed between 1870 and 1960. The author shows that the formalist art-is-above-morals approach is a substantive moral stance in itself. Formalist aesthetics is usually presented in the literature as evincing a purist indifference to ethics, construing moral properties as external to art, in opposition to the internal pure properties of art’s (...) composition. The chapter demonstrates that this is a misrepresentation of the complex formalist prescriptive idea of the relations between art and ethics. Through its autonomy and imperviousness to external co-opting—which is accomplished by due focus on aesthetic form—art on the formalist account is held to be a paradigm of the liberalist principles of individual freedom and self-fulfillment, thus an inherent means to the good. (shrink)

This essay presents the Aestheticism of the 19th century as the foundational movement of modernist-formalist aesthetics of the 20th century. The main principle of this movement is what I denominate “productive opacity”. Aestheticism has not been recognized as a philosophical aesthetic theory. However, its definition of artwork as an exclusive kind of form—a deep, opaque form—is among the most precise ever given in the discipline. This essay offers an interpretation of aestheticism as a formalist theory, referred to here as “deep (...) formalism”, focusing on the thinking of leading aestheticists, Walter Pater, Oscar Wilde, and James Whistler. These three thinkers defined artwork as a form saturated with an inextricable content, viz. opaque form. (shrink)

Human Flourishing, Liberal Theory, and the ArtsMAUTNERMENACHEM routledge. 2018. pp. 198. £125.

In view of the current progress of what has been named the ‘visual turn’ or the ‘pictorial turn’,1 it is exciting to witness Sam Rose’s return to early aesthetic formalist-modernism, which was so passionate about the medium, its appearance, and visuality. Rose’s project shares a recent inclination to think anew the advent of aesthetic modernism.2 It is founded on the presumption that visual art ought to be – and actually has always been – theoretically subsumed under one meta-project. This meta-project (...) does not necessarily have a clear telos, but it does have a history. In support of this view, Rose appeals to Stanley Cavell’s claim that ‘only masters of a game, perfect slaves to that project, are in a position to establish conventions which better serve its essence. This is why deep revolutionary changes can result from attempts to conserve a project, to take it back to its idea, keep it in touch with its history’ (p. 155). According to Rose’s post-formalist view, the idea of art’s meta-project is the idea of form. (shrink)

Risk propagation encompasses a plethora of techniques for analyzing how risk “spreads” in a given system. Albeit commonly used in technical literature, the very notion of risk propagation turns out to be a conceptually imprecise and overloaded one. This might also explain the multitude of modeling solutions that have been proposed in the lit- erature. Having a clear understanding of what exactly risk is, how it be quantified, and in what sense it can be propagated is fundamental for devising high-quality (...) risk assessment and decision-making solutions. In this paper, we exploit a previous well-established work about the nature of risk and related notions with the goal of providing a proper interpre- tation of the different notions of risk propagation, as well as revealing and harmonizing the alternative semantics for the links used in common risk propagation graphs. Finally, we discuss how these results can be leveraged in practice to model risk propagation scenarios. (shrink)

Design is an omnipresent, aesthetic-functional phenomenon, one that is culturally loaded and broadly influential. Since ancient times, design has played a crucial role in shaping both our intimate daily experiences and broader societal structures. It influences behavior, preferences, cultural norms and movements, political or personal identities, and economic systems. Today, design is not only a thriving field of practice but also an evolving area of academic inquiry, one that is becoming a self-standing discipline. It is, of course, important to define (...) ‘design’ . But, in developing our understanding of it, we also need to analyze its relationships to associated fields, such as ontology, cognition and perception, ethics, politics, social conduct, fine or popular art, everyday aesthetics, and science and technology. The special issue Design and its Relations takes up this mission. We aim to reveal and study the interactions between design as an aesthetic-functional field and various auxiliary concepts, ideas, phenomena, and disciplines. The essays in the special issue thus address a range of design affiliations. These include both (a) relatively abstract affiliations—such as aesthetics, perception and appreciation, beauty, ethics, science, rationalism, and the idea of abstractness itself—and (b) more direct topics, including design’s relations to photographic systems and even cultural views of parenthood given through the evolution of crib shapes (which is a typical substantiation of design’s impact on humanity’s foundations). (shrink)

Forcing occurs when a magician influences the audience's decisions without their awareness. To investigate the mechanisms behind this effect, we examined several stimulus and personality predictors. In Study 1, a magician flipped through a deck of playing cards while participants were asked to choose one. Although the magician could influence the choice almost every time (98%), relatively few (9%) noticed this influence. In Study 2, participants observed rapid series of cards on a computer, with one target card shown longer than (...) the rest. We expected people would tend to choose this card without noticing that it was shown longest. Both stimulus and personality factors predicted the choice of card, depending on whether the influence was noticed. These results show that combining real-world and laboratory research can be a powerful way to study magic and can provide new methods to study the feeling of free will. (shrink)

ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or soundness of the outcomes it tends (...) toward. A full account of democratic authority must involve non-instrumental values about the moral caliber of democratic procedures. (shrink)

Joseph Raz has argued that the problem of the amoralist is misconceived. In this paper, I present three interpretations of what his argument is. None of these interpretations yields an argument that we are in a position to accept.

This is a synoptic and critical commentary on Joseph Raz’s From Normativity to Responsibility.

This article examines the relationship between Raz's theories of practical reason and political morality. Raz believes the former underpins the latter, when in fact it undermines it. This is because three core features of his theory of practical reason – desires, goals, and competitive pluralism––combine in such a way as to undermine a core feature of his theory of political morality––what Raz calls our autonomy-based duty to provide everyone with what he takes to be an adequate range of valuable life (...) options. As it turns out, if we are reasonable, in terms of the former theory, then we are likely to be immoral, in terms of the latter one. (shrink)

Joseph Raz claims that the fundamental principles of morality and politics are satiable: there is a point at which one has fulfilled them. I argue that Raz cannot consistently endorse this claim, given his approach to saving lives.

This article argues that using Joseph Raz’s service conception of authority to reject philosophical anarchism can be affected by political anarchism. Whereas philosophical anarchism only denies the authority of the state, political anarchism claims that anarchism is a better alternative to the state. Raz’s theory holds that an institution has authority if it enables people to better conform with reason. I argue that there are cases where anarchism is an existing alternative to the state and better fulfils this condition. Consequently, (...) in these cases, anarchist groups and societies and not the state have legitimate authority. When anarchism is not an existing alternative to the state, the state will, under Raz’s theory, have some legitimate authority, but that authority will be limited because anarchism remains a better possible alternative to the state. To support the political anarchist claim I discuss the anarchist collectives during the Spanish civil war, which I argue are an example of anarchism as an existing alternative to the state that better fulfils Raz’s service conception and also provide suggestive evidence that anarchism is in general a better possible alternative. I also discuss the relationship between political anarchism and authority and I argue that despite some tension they are not irreconcilable. I conclude that the interesting anarchist challenge for political theorists is political not philosophical. (shrink)

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

I argue that Joseph Raz’s paper on euthanasia faces a problem of coherence with Joseph Raz’s paper addressing the question of “Why should I be moral?”.

El objetivo del presente trabajo es analizar dos modelos específicos de discurso sobre la autoridad: un modelo que llamaré «hobbesiano» (representado por Thomas Hobbes) y un modelo que llamaré «raziano» (representado por Joseph Raz). Por un lado, intentaré mostrar que, pese a algunas aparentes similitudes, estos dos modelos son ejemplos de visiones opuestas acerca del tipo de autoridad, y del rol y las consecuencias que se le asignan a ésta en el marco del fenómeno jurídico y social. Por el otro, (...) intentaré mostrar cómo ambos modelos opuestos tienen una importante coincidencia: el fuerte desinterés por su eventual aplicación práctica para analizar la autoridad (especialmente, a nivel justificativo) de casos reales de Estados y sistemas jurídicos. (shrink)

En este trabajo, propongo realizar un análisis crítico de la concepción de la “autoridad como servicio” defendida por Joseph Raz, concentrando la atención en la condición de justificación normal. En la sección 2, realizaré una reconstrucción articulada de esta concepción la autoridad como servicio, desagregando las tesis que la componen y mostrando cómo se articulan entre ellas (2.1, 2.2, 2.3), y propondré una versión del contenido del “test de legitimidad” que surge de la postura de Raz para determinar la legitimidad (...) una autoridad (2.4). En la sección 3, plantearé algunos interrogantes acerca de la justificación de la autoridad (política) con base en la condición de justificación normal, relacionados con la oscuridad ínsita a la evaluación de la condición de justificación normal (3.1), la (in)existencia de un modo seguro para verificar la condición de justificación normal (3.2), y una evaluación sobre la (no) necesidad de la condición de justificación normal para las autoridades prácticas políticas (3.3). Finalmente, en la sección 4, ofreceré unas breves palabras conclusivas. (shrink)

Abstract: Using a critical review of the literature, we study a challenge from philosophical anarchism to J. Raz's theory of legal authority: it would be irrational to follow an order with which one disagrees, since it would mean acting against what is considered more justified. Through references from decision theory and epistemology, and deploying examples about tools for assisting in routine decision-making, we sketch two possible answers: first, it may be justifiable to put yourself in a situation that leads to (...) irrationally acting; second, according to the “blindspots” theory, we outline some restrictions from a theory of rationality to the authority. (shrink)

I aim to undermine an account of the difference between conceptual and moral relativism according to which conceptual relativism focuses on the description of nature and moral relativism on values. I do so with some help from Joseph Raz.

I identify what appears to be a "glaring" inconsistency between what Joseph Raz says on euthanasia in a 2012 lecture and what he says on well-being within his most celebrated book, The Morality of Freedom. There also appears to be a subtler inconsistency between what he says and his endorsement of H.L.A. Hart’s opposition to a definitional project.

The natural interpretation is that Dorothea’s early impressions of Edward Casaubon, in terms of John Locke, are illusory. But I draw attention to Joseph Raz’s suggestion that it is the status of Locke which is mistaken, though I favour the natural interpretation.

From a critical review of the literature, we analyze the incompatibility between the possibility of incorporating moral principles to the law and its authoritative nature, as argued by exclusive positivists, such as J. Raz. After presenting his argument in second section, we argue in the third section that it is incompatible with commonly accepted (even by Raz) premises of the theory of legal interpretation, or else it would lead to contradiction - unless one presupposes, within the premises, a strong version (...) of the sources thesis (which is what Raz intends to prove). In conclusion, we return to the arguments presented, concluding with a possible difficulty for the adoption of exclusive positivism by people inside a legal practice. (shrink)

This thesis examines the relationship between nihilism and postmodernism in relation to the sublime, and is divided into two parts: theory and literature. Beginning with histories of nihilism and the sublime, the Enlightenment is constructed as a conflict between the two. Rather than promote a simple binarism, however, nihilism is constructed as a temporally-displaced form of sublimity that is merely labelled as nihilism because of the dominant ideologies at the time. Postmodernism, as a product of the Enlightenment, is therefore implicitly (...) related to both nihilism and the sublime, despite the fact that it is often characterised as either nihilistic or sublime. Whereas prior forms of nihilism are ‗modernist‘ because they seek to codify reality, postmodernism creates a new formulation of nihilism – ‗postmodern nihilism‘ – that is itself sublime. This is explored in relation to a broad survey of postmodern literature through a series of interconnected themes. These themes – apocalypse, the absurd, absence, and space – arise from the debates presented in the theoretical chapters of this thesis, and demonstrate the ways in which nihilism and the sublime interact within postmodern literature. Because of the theoretical and literary debates presented within it, this thesis concludes that it cannot be a thesis at all. (shrink)

Getting physical: Empiricism’s medical History Content Type Journal Article DOI 10.1007/s11016-010-9474-4 Authors John Gascoigne, School of History and Philosophy, University of New South Wales, Sydney, NSW 2056, Australia Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796.

Who or what is “I”? Does “I” refer to the soul, body, or something else? This paper aims to clarify the Iranian Sufi Maḥmūd Shabistarī’s metaphysical account of the self in The Rose Garden of Mystery (Gulshan-i Rāz). Some of Shabistarī’s commentators-for example, Lāhījī-argue that the “self is the determined Real” without offering a full account. This paper presents Shabistarī’s self by examining Gulshan in the context of commentaries, secondary sources, and Islamic thought and by presenting opposing interpretations and reasons (...) for the most prominent interpreta￾tions. In Gulshan, the self is neither the soul nor the body. It is the Real’s determination, a face among the eternally manifesting, unrepeated faces of the Real. This paper argues that the self is the human’s fixed entity (quiddity, ʿayn-i thābitah), whose aptitudes are perpetually unfolding; it is an eternal becoming of the Perfect Man. The self is not reified (i.e., it is of no definite content or form) or fully known; it changes every moment; it is the ever-changing “I” of the moment. Shabistarī’s metaphysics helps the modern person realize that her self is divine; it teaches her that because the world-including humans, animals, and the environment-is God’s manifesta￾tion, it deserves care. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Joseph Raz’s service conception of law remains one of the best known theories of political authority. Setting aside ongoing debates about the nature of authority, I locate a problem in the basic justificatory structure of the service conception. I show that the service justification of the state does not yield the conclusion that the law generates exclusionary reasons, which are meant to be the key hallmark of authority. An automatic but defeasible _habit _of obeying the state is likely to lead (...) to better outcomes than exclusionary deference to the state. Given the instrumental justification of the service conception, this means that exclusionary reasons to defer do not obtain. Habituation and automaticity have been developed in other contexts and are here extended to the context of political authority. The possibility of habitual obedience undercuts Raz's theory while suggesting a new approach to the question of political authority. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

For some contemporary liberal philosophers, a huge concern is liberal neutrality, which is the idea that the state should be neutral among competing conceptions of the moral good pursued by the people. In The Morality of Freedom, Joseph Raz argues that we can neither achieve nor even approximate such neutrality. He shows that neutrality and fairness are different ideas. His notion of neutrality is stricter than John Rawls's and Ronald Dworkin's. Raz shows that both helping and not helping can be (...) neutral or non-neutral, thus neutrality is chimerical. Wojciech Sadurski's appeal to rational expectations does not necessarily tell us which action is neutral. Distinguishing between comprehensive and narrow neutrality, Raz also claims that only the former is a proper response to conflicts. Sadurski criticizes it, claiming that conflicts are comprehensive in a sense which does not deny the adequacy of the narrow neutrality. In reality, however, it is almost impossible to achieve even the narrow neutrality. A theory is presented to explain why political neutrality is almost impossible to achieve. Philosophically, there is no neutral ground for neutral politics. (shrink)

The paper discusses Linda Zagzebski's account of epistemic authority. Building on Joseph Raz's account of political authority, Zagzebski argues that the basic contours of epistemic authority match those Raz ascribes to political authority. This, it is argued, is a mistake. Zagzebski is correct in identifying the pre-emptive nature of reasons provided by an authority as central to our understanding of epistemic authority. However, Zagzebski ignores important differences between practical and epistemic authority. As a result, her attempt to explain the rationality (...) of belief on authority by applying an analogue of Raz's Normal Justification Thesis to the domain of belief fails. A successful explanation of the rationality of belief on authority will need to be attuned to the differences between political and epistemic authorities. (shrink)

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

In this paper I respond to Bernd Krehoff’s article ‘Legitimate Political Authority and Sovereignty: Why States Cannot Be the Whole Story’. I criticize Krehoff’s use of Raz’s theory of authority to evaluate the legitimacy of our political institutions. Krehoff argues that states cannot (always) claim exclusive authority and therefore cannot possess exclusive legitimacy. Although I agree with his conclusion, I argue that the questions of legitimacy and (Razian) authority are distinct and that we need to focus more on the former (...) in order to really support and defend Krehoff’s conclusions. (shrink)

I start by explaining what attitude-related reasons are and why it is plausible to assume that, at least in the domain of practical reason, there are such reasons. Then I turn to Raz’s idea that the practice of practical reasoning commits us to what he calls exclusionary reasons. Being excluded would be a third way, additional to being outweighed and being undermined, in which a reason can be defeated. I try to show that attitude-related reasons can explain the phenomena Raz (...) appeals to equally well. Attitude-related reasons, however, are weighted against other reasons and, thus, don’t determine a third relation of defeat. On this basis, I voice some doubts about Raz’s conception of exclusionary reasons. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

The liberal international legal order faces a legitimacy crisis today that becomes visible with the recent anti-internationalist turn, the rise of populism and the recent Russian invasion of Ukraine. Either its authority or legitimacy has been tested many times over the last three decades. The article argues that this anti-internationalist trend may be read as a reaction against the neoliberal form taken by international law, not least over the last three decades. In uncovering the intricacies of international law’s legitimacy crisis, (...) the article uncovers the paradox of global constitutionalism: that its need to adopt a sectoral form of integration may cause a legitimacy gap/deficit because international authorities, resting their legitimacy primarily on instrumental grounds, may face problems in compensating for the legitimacy deficit caused by the erosion of domestic sovereignty and extending their legitimacy to non-instrumental grounds. This paradox has one necessary structural and two contingent content-related implications for domestic democracies: (1) it necessarily narrows down the regulatory space of nation-states; and this may in turn (2) impair democratic stability and solidarity, and (3) provide a fertile ground for populism. Drawing on Raz’s service conception, the article focuses on the interaction between international and domestic authorities and highlights the problematic aspects of the neoliberal constitutionalization of international law. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

Culture is a notoriously elusive concept. This fact has done nothing to hinder its popularity in contemporary analytic political philosophy among writers like John Rawls, Will Kymlicka, Michael Walzer, David Miller, Iris Marion Young, Joseph Raz, Avishai Margalit and Bikhu Parekh, among many others. However, this should stop, both for the metaphysical reason that the concept of culture, like that of race, is itself either incoherent or lacking a referent in reality, and for several normative reasons. I focus on the (...) following interconnected points: • The vagueness of the term allows a myriad of candidates to claim rights, and typically to the detriment of increased equality and environmental goals . • Cultural capital cannot be regulated in the way that political capital must be regulated without undermining the cultures supposedly being protected. And the possession of cultural capital is almost never democratically regulated. In particular, granting cultures political status creates intergenerational conflict, rewarding the elders and creating incentives to be conservative and restrict cultural mobility of the younger generation. •The notion of a group owning “its” culture is conceptually suspect and corrupted by the foregoing points about unequal cultural capital. In defending a group’s right to preserve its culture we do not defend equally the rights of the individuals that make it up , and we ignore altogether the rights of those who may be unfairly denied recognition as “members” of the culture. (shrink)

The speech-act approach to rules is commonplace in both Anglo-American and continental traditions of legal philosophy. Despite its pervasiveness, I argue in this paper that the approach is misguided and therefore intrinsically flawed. My critique identifies how speech-act theory provides an inadequate theoretical framework for the analysis of written discourse, a case in point being legal text. Two main misconceptions resulting from this misguided approach are the fallacy of synchronicity and the fallacy of a-discursivity. The former consists of treating legal (...) rules as if they were uttered and received in the same context, the latter consists of treating legal rules as relatively short, isolated sentences. Among the consequences of these fallacies are an excessive focus on the lawmakers’ semantic intentions and the neglect of the semantic and pragmatic complexity of rules as sets of utterances (discourses) -/- To redress these flaws, I propose analysing legal rules through the prism of complex text-acts. My paper presents the consequences of this revised approach for legal interpretation, supporting Joseph Raz's idea of minimal legislative intent. (shrink)