Following the law because it’s the law: obedience, bootstrapping, and practical reason

Philosophical Explorations 21 (3):400-411 (2018)
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Abstract

Voluntarists in the early modern period speak of an agent’s following the law because she was ordered to do so or because it’s the law. Contemporary philosophers tend either to ignore or to dismiss the possibility of justified obedience of this sort – that is, they ignore or dismiss the possibility that something’s being the law could in itself constitute a good reason to act. In this paper, I suggest that this view isn’t taken seriously because of certain widespread beliefs about practical reason – in particular, it’s due to the belief that it’s impossible for reasons to be “bootstrapped” into existence. I argue, though, that a plausible account of practical reasoning should allow that reasons can be bootstrapped into existence, and so there’s no reason to be suspicious about the possibility of a person’s being justified in following the law because it’s the law. I end by suggesting that this conclusion opens up important new avenues of inquiry for philosophers working on topics related to legal obedience.

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Author Profiles

Paul Schofield
Harvard University
Paul Schofield
Bates College

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References found in this work

The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Why be rational.Niko Kolodny - 2005 - Mind 114 (455):509-563.
Why Be Rational&quest.Niko Kolodny - 2005 - Mind 114 (455):509-563.
The authority of democracy.Thomas Christiano - 2004 - Journal of Political Philosophy 12 (3):266–290.

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