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Switch to: References
Citations of:
Authority and second personal reasons for acting
In David Sobel & Steven Wall (eds.), Reasons for Action. Cambridge University Press (2009)
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ABSTRACTThis article argues that received accounts of the concept of human dignity face more difficulties than has been appreciated, when explaining the connection between human dignity and the duty of respect that dignity is supposed to generate. It also argues that a novel, relational, account has the adequate structure to explain such connection. No categories |
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Many philosophers take the view that, while coercion is a prominent and enduring feature of legal practice, its existence does not reflect a deep, constitutive property of law and therefore coercion plays at best a very limited role in the explanation of law's nature. This view has become more or less the orthodoxy in modern jurisprudence. I argue that an interesting and plausible possible role for coercion in the explanation of law is untouched by the arguments in support of the (...) |
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Joseph Raz’s much discussed service conception of practical authority has recently come under attack from Stephen Darwall, who proposes that we instead adopt a second- personal conception of practical authority.1 We believe that the best place to start understanding practical authority is with a pared back conception of it, as simply a species of normative authority more generally, where this species is picked out merely by the fact that the normative authority in question is authority in relation to action, rather (...) |
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Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume. No categories |
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En este trabajo, analizo críticamente la tesis de Nino según la cual el valor epistémico de la democracia soluciona la paradoja de la superfluidad del derecho. En este sentido, examino dos cuestiones. Primero, si el valor epistémico de la democracia es una razón para creer que tenemos razones para actuar de conformidad con las leyes democráticas. Segundo, si el valor epistémico de la democracia es una razón para actuar de conformidad con las leyes democráticas independientemente de los méritos del caso (...) |
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In believing or acting on authority, an agent appears to believe or act without making up her own mind about what is the case or what to do. How is this possible? How can an agent make up her mind about a theoretical or practical question, and so believe or act intentionally, without doing so for herself? This paper argues that the standard account available in the literature of how it is that an agent can make up her mind without (...) No categories |
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The normal way to establish that a person has authority over another requires a rule-governed institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power-conferring norms are essentially institutional, and the obligation to comply with a legitimate authority's decree is, first and foremost, institutional in nature. The main argument presented in this essay is that an explanation of practical authorities is a two-stage affair: (...) |
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Certain non-voluntarists have recently defended political authority by advancing two-part views. First, they argue that the state, or the law, is best (or uniquely) capable of accomplishing something important. Second, they defend a substantive normative principle on which being so situated is sufficient for de jure authority. This paper uses widely accepted tenets to show that all such defenses of authority fail. |
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The normal way to establish that a person has authority over another requires a rulegoverned institutional setting. To have authority is to have power, in the juridical sense of the term, and power can only be conferred by norms constituting it. Power conferring norms are essentially institutional, and the obligation to comply with a legitimate authority’s decree is, first and foremost, institutional in nature. Thus, the main argument presented in this essay is that an explanation of practical authorities is a (...) |
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Normative literature on the Catalan crisis is largely occupied with the conflict’s central legalistic problem: can political units like Catalonia be allowed to split off from Spain unilaterally? This article reframes the issue and asks why secessionist Catalans should ever abide by Spanish legal constraints, given that Spanish law is precisely the institution they are politically trying to get rid of. It focuses on the anti-secessionist role played by the Spanish Constitutional Court between 2010 and 2017 and studies three arguments (...) No categories |
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In general, we think that when it comes to the good of another, we respect that person’s will by acting in accordance with what he wills because he wills it. I argue that this is not necessarily true. When it comes to the good of another person, it is possible to disrespect that person’s will while acting in accordance with what he wills because he wills it. Seeing how this is so, I argue, enables us to clarify the distinct roles (...) |
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Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...) |
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Moral obligation, Darwall argues, is irreducibly second personal. So too, McMyler argues, is the reason for belief supplied by testimony and which supports trust. In this paper, I follow Darwall in arguing that the testimony is not second personal ?all the way down?. However, I go on to argue, this shows that trust is not fully second personal, which in turn shows that moral obligation is equally not second personal ?all the way down? |
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This is a canvass to the critical reaction to Joseph Raz’s service conception of authority, as well as actual or possible replies by Raz. Familiarity is assumed with the theory itself, covered in a previous article. The article focuses primarily on direct criticisms of Raz’s theory, rather than replies developed in the context of a theorist’s wider project. |
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When they interact in everyday situations, people constantly create new fragments of social reality: they do so when they make promises or agreements, but also when they submit requests or answer questions, when they greet each other or express gratitude. This type of social reality ‘in the small,’ that we call interpersonal reality, is deontic in nature as all other kinds of social reality; what makes it somewhat special is that its deontology applies to the very same persons who create (...) |
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In this paper I consider three widespread assumptions: (1) the assumption that we are accountable for our intentional actions only if they are in some special sense ours; (2) the assumption that it is possible for us to be more or less “true to” ourselves, and that we are flawed human beings to the extent that we lack “integrity”; and (3) the assumption that we can sometimes give ourselves reasons by giving ourselves commands. I acknowledge that, as Ruediger Bittner has (...) |
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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 (...) |
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Most recent attempts at solving the Non-Identity Problem have focused on providing a deontological solution to the problem, often by giving special attention to rights. In this paper, I argue for a solution that focuses on highlighting the morally permissible second-personal reasons and claims that nonidentity victims may have. I use a natural marriage between a Kantian conceptualization of what it means to be free and equal—being one’s own master—and Nussbaum’s Capabilities Approach to identify the rights that all individuals, current (...) |
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