The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree (...) of subjective coherence. (shrink)

Hussain claims that ethical consumers are subject to democratic requirements of morality, whereas ordinary price/quality consumers are exempt from these requirements. In this paper, we demonstrate that Hussain’s position is incoherent, does not follow from the arguments he offers for it, and entails a number of counterintuitive consequences.

Can we employ the property of rationality in establishing what rationality requires? According to a central and formal thesis of John Broome’s work on rational requirements, the answer is ‘no’ – at least if we expect a precise answer. In particular, Broome argues that (i) the property of full rationality (i.e. whether or not you are fully rational) is independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. That is, (ii) by (...) replacing a wide-scope requirement with a corresponding narrow-scope requirement (or vice versa), we do not alter the situations in which a person is fully rational. As a consequence, (iii) the property of full rationality is unable to guide us in determining whether a rational requirement has a wide or a narrow logical scope. We cannot resolve the wide/narrow scope debate by appealing to a theory of fully rational attitudes. This paper argues that (i), (ii) and (iii) are incorrect. Replacing a wide- with a corresponding narrow-scope requirement (or vice versa) can alter the set of circumstances in which a person is fully rational. The property of full rationality is therefore not independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. As a consequence, the property of full rationality can guide us in determining what rationality requires – even in cases where we expect a precise answer. (shrink)

This paper discusses whether rationality, morality or prudence impose process‐requirements upon us. It has been argued that process‐requirements fulfil two essential functions within a system of rational, moral or prudential requirements. These functions are considered to prove the existence of process‐requirements. First, process‐requirements are deemed necessary to ensure that rationality, morality or prudence can guide our deliberations and actions. Second, their existence is regarded as essential for the correctness of our ordinary explanations of why a person possesses a certain degree (...) of morality, rationality or prudence. However, I argue that these two functions are unable to show the existence of process‐requirements. Instead, I propose a different essential function for process‐requirements: they are necessary for attributing the correct degree of rationality, morality or prudence to a subject who is not entirely rational, moral or prudent. This function, I argue, necessitates the existence of process‐requirements. (shrink)

It is beyond doubt that the legal system established by the Nazi government in Germany between 1933-1945 represented a gross departure from the rule of law: the Nazis eradicated legal security and certainty; allowed for judicial and state arbitrariness; blocked epistemic access to what the law requires; issued unpredictable legal requirements; and so on. This introduction outlines the distorted nature of the Nazi legal system and looks at the main factors that contributed to this grave divergence.

Does a coherentist version of rationality issue requirements on states? Or does it issue requirements on processes? This paper evalu- ates the possibility of process-requirements. It argues that there are two possible definitions of state- and process-requirements: a satisfaction- based definition and a content-based definition. I demonstrate that the satisfaction-based definition is inappropriate. It does not allow us to uphold a clear-cut distinction between state- and process-requirements. We should therefore use a content-based definition of state- and pro- cess-requirements. However, a (...) content-based definition entails that ra- tionality does not issue process-requirements. Content-based process- requirements violate the principle that ‘rationality requires’ implies ‘can satisfy’. The conclusion of this paper therefore amounts to a radical re- jection of process-requirements of rationality. (shrink)

This paper is a review and critical discussion of John Broome’s Rationality Through Reasoning. In particular, it engages critically with Broome’s view on the independence of normative reasons and rationality, his construal of the capacity, property, and requirement senses of “rationality”, and his account of reasoning as a conscious, rule-following operation on mental contents.

Suppose rationality requires you to A if you believe you ought to A. Suppose you believe that you ought to A. How can you satisfy this requirement? One way seems obvious. You can satisfy this requirement by A-ing. But can you also satisfy it by stopping to believe that you ought to A? Recently, it has been argued that this second option is not a genuine way of satisfying the above requirement. Conditional requirements of rationality do not have two ‘symmetric’, (...) but only one ‘asymmetric’ satisfaction condition. This paper explores the consequences of this argument for a theory of the requirements of rationality. I seek to show that thisview conflicts with another powerful intuition about the requirements of rationality, i.e. ‘rational consistency’: if rationality requires you to X, then it is not the case that rationality requires you to not-X. I shall conclude that ‘asymmetric’ satisfying is based on a misleading intuition, for which we should not sacrifice ‘rational consistency’. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

One popular line of argument put forward in support of the principle that the right is prior to the good is to show that teleological theories, which put the good prior to the right, lead to implausible normative results. There are situa- tions, it is argued, in which putting the good prior to the right entails that we ought to do things that cannot be right for us to do. Consequently, goodness cannot (always) explain an action's rightness. This indicates that (...) what is right must be determined independently of the good. In this paper, I argue that these purported counterexamples to teleology fail to establish that the right must be prior to the good. In fact, putting the right prior to the good can lead to sets of ought statements which potentially con- flict with the principle that ‘ought’ implies ‘can’. I argue that no plausible ethical theory can determine what is right independently of a notion of value or goodness. Every plausible ethical theory needs a mapping from goodness to rightness, which implies that right cannot be prior to the good. (shrink)

Der Arktikel beschreibt die Logik des "eingefrorenen" Konflikts zwischen der Republik Moldau und der selbsternannten „Pridnestrowische Moldauischen Republik“ ("Transnistrien"). Bezugnehmend auf die strategischen Optionen der beteiligten Akteure wird erklärt warum der seit 1992 bestehende Konflikt zu keiner Lösung findet.

Auf welchen normativen Grundlagen beruhte das NS-System? Mit welcher Rechtfertigung konnte der Führerwille dort zu einer Quelle des Rechts werden? Wie war es gemäß der NS-Strafgesetzgebung möglich, Handlungen zu bestrafen, die gegen kein geschriebenes Gesetz verstießen? Die in diesem Band versammelten und kommentierten Originaltexte geben Einblick in das Denken von Rechtstheoretikern, die mit dem Nationalsozialismus sympathisierten, und belegen deren Versuch, autoritäre und dem Rechtsstaat widersprechende Rechtsprinzipien zu legitimieren. Dabei zeigt sich ein überraschender und bis jetzt von der rechts- und moralphilosophischen (...) Forschung weitgehend unbeachteter Aspekt des NS-Unrechtssystems: der Versuch einer »Ethisierung« des Rechts und die damit verbundene Totalisierung des machtstaatlichen Einflusses. (shrink)

This paper argues that practical reasoning is a mental process which leads a person from a set of existent mental states to an intention. In Section 1, I defend this view against two other proposals according to which practical reasoning either concludes in an action itself or in a normative belief. Section 2 discusses the correctness of practical reasoning and explains how the correctness of instrumental reasoning can be explained by the logical relations that hold between the contents of the (...) mental states. In Section 3, I explore the correctness of normative practical reasoning. I conclude with the sceptical view that correct practical reasoning cannot require us to intend to do what we believe we ought to do. (shrink)

Wie war es möglich? Diese mit Blick auf den Nationalsozialismus und die Zeit von 1933 bis 1945 unausweichliche Frage stellt sich für jede Generation aufs Neue – und auf unterschiedlichen Ebenen. Im Gegensatz zur detaillierten historischen Aufarbeitung der NS-Zeit ist die philosophisch-theoretische Analyse der normativen Grundlagen des NS Systems ein bislang vernachlässigtes Gebietder Forschung. Die hier edierte Sammlung von Originaltextenführender Juristen, Rechtstheoretiker und Rechtsphilosophen, die dem nationalsozialistischen Regime loyal gegenüberstanden und an der rechtlichen Um- und Neugestaltung mitarbeiteten, will diese Lücke (...) schließen helfen und einen Beitrag zur Analyse des nationalsozialistischen Herrschaftssystems aus dem Blickwinkel der Rechtstheorie und Rechtsphilosophie leisten. Die abgedruckten Originaltexte dokumentieren nicht nur die normativen Verschiebungen im Zuge der politischen Neuentwicklung, sondern zeigen auch, dass viele Maßnahmen des NS-Regimes, die in ihrer Radikalität und Unmenschlichkeit ohne Beispiel sind, eine gesetzliche Basis hatten und theoretisch vorbereitet waren. (shrink)

This paper is a review and critical discussion of John Broome’s Rationality Through Reasoning. In particular, it engages critically with Broome’s view on the independence of normative reasons and rationality, his construal of the capacity, property, and requirement senses of “rationality”, and his account of reasoning as a conscious, rule-following operation on mental contents.

Within the debate concerning reason and rationality, instrumental incoherence was for a long time conceived of as the paradigm of irrationality. However, with the emergence of the so-called ‘bootstrapping objection’ and the debate concerning the ‘scope’ of rational requirements, the innocuous status of the normative significance of (instrumental) coherence became subject to. This led to a paradigmatic shift in how to understand the relationship between rational requirements and normativity. While there now exists considerable doubt that rational requirements are normative, it (...) is commonly agreed that one’s normative point of view is a key feature of one’s rationality. Here the question is not only if one can hold a particular normative judgement and still be rational; what is significant too is whether your normative outlook coheres appropriately with your motivation. In fact, it is now commonly agreed that rationality requires us to intend to make the world fit with our first-personal ought beliefs. Enkrasia (i.e. coherence between your normative views and your motivation) is thus seen as a rational ideal and as a source of rational requirements. Nevertheless, many elementary questions regarding the application, content, and significance of an enkrasia-requirement remain unanswered, or subject to debate. This special issue on ‘The Nature of the Enkratic Requirement of Rationality’ aims to answer some of these fundamental questions. (shrink)

Davidson famously contended that all actions are movements of the agent's body. It has been objected, however, that Davidson's view is incompatible with his own definition of primitive actions. This paper argues that this objection is based on an incorrect reading of Davidson's argument. I will show that by reading 'movements', in 'all actions are bodily movements', transitively, Davidson's definition of primitive actions ceases to contradict with his thesis that all actions are bodily movements.