The Exclusionary Power of Political Directives

Legal Theory 29 (3):229-256 (2023)
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Abstract

I defend the exclusionary power of political directives. The prevailing account, which I call the additive account, holds that a legitimate directive only provides a pro tanto obligation for subjects to comply. I show that it falls into a Goldilocks dilemma, giving either insufficient or excessive weight to these obligations. Pace the additive account, I argue that a legitimate directive not only gives subjects a pro tanto reason to comply but also excludes all the reasons bearing on its justifiability regarding subjects’ actions as required by the directive. Unlike Raz, who grounds the exclusionary power of legitimate directives on authorities’ supposedly superior epistemic competence, I justify it by drawing on Kantian political philosophy, which grants states a unique moral standing to make coercive decisions on behalf of their citizenry as a solution to the problem of unilateralism.

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Yuan Yuan
New York University, Shanghai

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References found in this work

A right to do wrong.Jeremy Waldron - 1981 - Ethics 92 (1):21-39.
Impermissible yet Praiseworthy.Theron Pummer - 2021 - Ethics 131 (4):697-726.
In defense of exclusionary reasons.N. P. Adams - 2021 - Philosophical Studies 178 (1):235-253.
A Dilemma for Protected Reasons.Christopher Essert - 2012 - Law and Philosophy 31 (1):49-75.

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