In ‘(Really) Defending Exclusionary Reasons’, Monti seeks to defend Raz’ notion of exclusionary reasons from the attack made by Daniel Whiting. Monti agrees with Whiting that exclusionary reasons cannot motivate and so suggests that they operate by guiding rather than motivating. However, Monti’s account of guiding omits the key feature that they can guide even when one’s action is the opposite to what the exclusionary reason seems to recommend. An amended account of what (...) it is to be guided by exclusionary reasons is needed to give the Razian account the explanatory power it is due. (shrink)

In a recent paper, Daniel Whiting has argued that there are no exclusionary reasons (i.e., second-order reasons not to act for a reason). The premise of the argument is what he calls the motivation constraint, according to which for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ for the reason that p. However, the argument goes, it is not possible to act (or not to act) (...) for a reason for a reason. Therefore, he concludes, there are no second-order reasons. In this paper, I shall argue that Whiting's argument ought to be rejected. Thus, I will argue that we should not accept the motivation constraint on which it is based. It is true that for the fact that p to be a reason for you to ϕ, it must be possible for you to ϕ guided in the right way by the consideration that p favours you ϕing. However, I shall argue that it is possible for exclusionary reasons to guide us in the right way, even if it not possible for us to not to ϕ for a reason for a reason. (shrink)

Exclusionary defeat is Joseph Raz’s proposal for understanding the more complex, layered structure of practical reasoning. Exclusionary reasons are widely appealed to in legal theory and consistently arise in many other areas of philosophy. They have also been subject to a variety of challenges. I propose a new account of exclusionary reasons based on their justificatory role, rejecting Raz’s motivational account and especially contrasting exclusion with undercutting defeat. I explain the appeal and coherence of (...) class='Hi'>exclusionary reasons by appeal to commonsense value pluralism and the intermediate space of public policies, social roles, and organizations. We often want our choices to have a certain character or instantiate a certain value and in order to do so, that choice can only be based on a restricted set of reasons. Exclusion explains how pro tanto practical reasons can be disqualified from counting towards a choice of a particular kind without being outweighed or undercut. (shrink)

Abstract.Legal philosophy must consider the way in which laws function as reasons for action. “Simple positivism” considers laws as merely reasons in the balance of reasons. Joseph Raz, as a representative of “sophisticated positivism,” argues that laws are exclusionary reasons for action, not merely reasons in the balance of reasons. This paper discusses Raz's arguments for his view. The Functional Argument provides no more reason for positivism than against it. The Phenomenological Argument is (...) best supported by an account of how character traits function in explaining behaviour. But then the distinction between exclusionary reasons and expressive reasons is obliterated. Legal positivism cannot absorb laws as expressive reasons for action. Raz's positivism implies the correctness of an anti‐positivistic legal theory. (shrink)

In this essay, I argue that the role for exclusionary reasons in a sound account of practical rationality is, at most, much more circumscribed than proponents of exclusionary reasons might suppose. Specifically, I argue that an attractive account of moral motivation is in tension with the idea that moral reasons can be excluded. Limiting ourselves to the tools of first order moral reasons—including such relations as outweighing, and disabling—allows us to preserve a more attractive (...) account of the relationship between what there is strongest reason to do, what one is motivated to do, and that for which one is praiseworthy or blameworthy. In closing, I argue that we can capture the normativity associated with legal decision-making using only the resources of the first-order model. (shrink)

What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the “motivational” model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning, exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons that the exclusionary reasons protect). Some of (...) his critics take him to be committed to another model of exclusionary reasons which I label the “consideration” model. According to this model exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the “reconsideration” model. In the reconsideration model, exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function not only of decisions but also of personal rules and authoritative directives. (shrink)

Jörg Hansen, John Horty, and Xavier Parent and Leendert van der Torre have all recently described some sort of nonmonotonic logic to model reasons and their interactions. Horty’s framework is broader in scope than the other two, encompassing both reasoning about the relative strengths of reasons and reasoning about which reasons to consider in the first place. Hansen discusses a plethora of approaches and examples, including Horty’s, arguing that his preferred system best captures our intuitions. And Parent (...) and van der Torre present a family of systems of input/output logic, which are in some ways the most flexible. In this paper, I aim to combine these features. Without attempting to answer the question of which intuitions are the best to capture, I first argue that there are good reasons to explore systems that behave more like Hansen’s than Horty’s. I then show that Parent and van der Torre’s framework of input/output logic can exactly duplicate Hansen’s system but is flexible enough to produce other results as well. Finally, I extend their framework to include the additional kinds of reasoning Horty discusses, showing that the resulting theory can handle a wider range of cases than Horty’s. (shrink)

Western societies today are marked by a broad liberal consensus in favor of toleration. Yet, some philosophers have charged that political toleration as a liberal ideal is incoherent. Some have argued that toleration is incompatible with liberal political orders due to egalitarian considerations. Others have suggested that in a truly liberal society, where the state’s justice-based duties of non-interference are the most appropriate response to diversity, political toleration is practically redundant. This article defends political toleration against the above allegations. My (...) goal is twofold: first of all, to formulate a coherent conception of toleration that is fully consistent with the egalitarian spirit of our times and then to demonstrate that, contrary to critics’ claims, political toleration is not an obsolete ideal that belongs to a bygone era. And all this because, I believe, in a liberal constitutional order, political toleration’s specific role is not identical with, and cannot be reduced to, the state’s justice-based duties of non-interference. Accordingly, I argue that political toleration belongs to a specific mode of politics: the extraordinary politics. When the rules of justice are not available, or their application is not feasible, the extraordinary politics, in which toleration plays a role, emerges as the persistent residue of the ordinary politics. Therefore, political toleration and justice-based duties of non-interference should be seen as accompanying practices that represent two modes of politics. (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)

In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

In this paper I attempt to bring together (at least) two very different debates: one on justice, mercy and particularity, the other on the play of exclusionary reasons. My aim is to show how the discussion of the uneasy co-existence of justice and mercy pivots on the question of particularity. And, secondly, that the debate on exclusionary reasons can show us why law may fail to do justice in this context.

Thanks to Michel Foucault, one might say it has become possible to conceive that the political relevance of humanity in modern thought does not have to do with its “philosophical essence” but rather with its “nonessence.” Yet this very idea surfaced earlier in Western thought, at the time of the revolutionary turn towards a politicized humanitarianism, and helped to shape some crucial political strategies making up modern liberal democracy. Its potential eluded even Foucault. I contend that tracing the contours of (...) this classical, if long unthinkable idea, can inform our response to the other of social critique. (shrink)

La concepción deliberativa de la democracia plantea algunas soluciones al desafío del pluralismo razonable. El hecho de que las personas estén divididas razonablemente por creencias omniabarcantes que reconocen como verdaderas y valiosas, establece inconvenientes en relación con la legitimidad de las decisiones políticas, su estabilidad y la justicia de las instituciones democráticas. Los teóricos de la democracia deliberativa resaltan la importancia del razonamiento público entre ciudadanos que se reconocen mutuamente como libres e iguales. Se analiza el componente normativo de este (...) tipo de propuestas y el ideal de razón pública que permite su mejor desarrollo. The deliberative conception of democracy proposes some solutions to the challenge of reasonable pluralism. The fact that people are reasonably divided according to comprehensive beliefs they consider to be true and valuable poses problems with respect to the legitimacy of political decisions, their stability, and the justice of democratic institutions. Theoreticians of deliberative democracy have highlighted the importance of public reasoning among citizens who recognize one another as free and equal. The article analyzes the normative component of these types of proposals and the ideal of public reason that allows for its optimal development. A concepção deliberativa da democracia propõe algumas soluções ao desafio do pluralismo razoável. O fato de que as pessoas estejam divididas razoavelmente por crenças oniabrangentes que reconhecem como verdadeiras e valiosas, estabelece inconvenientes quanto à legitimidade das decisões políticas, sua estabilidade e a justiça das instituições democráticas. Os teóricos da democracia deliberativa ressaltam a importância do razoamento público entre cidadãos que se reconhecem mutuamente como livres e iguais. Analisa-se o componente normativo desse tipo de propostas e o ideal de razão pública que permite seu melhor desenvolvimento. (shrink)

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. (shrink)

What is involved in weighing normative reasons against each other? One attractive answer offers us the following Simple Picture: a fact is a reason for action when it bears to an action the normative relation of counting in its favour; this relation comes in different strengths or weights; the weights of the reasons for and against an action can be summed; the reasons for performing the action are sufficient when no other action is more strongly supported, overall; (...) the reasons are decisive when it is most strongly supported; one ought to perform the action there is most reason to perform; rational deliberation is weighing reasons correctly; and acting rationally is doing what one has sufficient reasons to do. This chapter investigates various ways in which, on examination, this Simple Picture appears to require modification and refinement. It examines some of the ways in which talk of the weight of a reason may need improvement, looks more closely at the relationship between reasons and rationality, and asks whether there are ways in which a reason can be defeated which are not kinds of outweighing. The conclusion is that while in some respects the Simple Picture does need to be corrected, in others the jury is out. (shrink)

This study problematizes English language teaching departments in Turkey that have ignored the importance of radical pedagogy, the history of British colonialism and neoliberalism in the curriculum because Orientalist, Occidentalist and neoliberal discourses have led to the exclusion of critical discourses in ELT in Turkey. Therefore, the possible reasons for the absence of some curricular topics present a complicated structural problem. Exclusionary practices of ELT departments can be ascribed to Turkey’s political regimes that have reinforced both nation-state ideology (...) and Anglo-American neoliberal policies. The English language has also been reified as a gateway to westernization and globalization under the feeling of urgency and fear of falling behind. Therefore, the spread of English has been allowed in almost all spheres of life even if neglecting local, national and international languages has violated linguistic human rights. This paper proposes that the dominance of English can be deconstructed by including radical pedagogy and the history of British colonialism and neoliberalism into the curriculum and by prioritizing linguistic human rights to allow more space for the survival of other languages. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to (...) perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

The goal of this paper is to frame a theory of reasons--what they are, how they support actions or conclusions--using the tools of default logic. After sketching the basic account of reasons as provided by defaults, I show how it can be elaborated to deal with two more complicated issues: first, situations in which the priority relation among defaults, and so reasons as well, is itself established through default reasoning; second, the treatment of undercutting defeat and (...) class='Hi'>exclusionary reasons. Finally, and by way of application, I show how the resulting account can shed some light on Jonathan Dancy's argument from reason holism to a form of extreme particularism in moral theory. (shrink)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to (...) perform the required act and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

Although the study of reasons plays an important role in both epistemology and moral philosophy, little attention has been devoted to the question of how, exactly, reasons interact to support the actions or conclusions they do. In this book, John F. Horty attempts to answer this question by providing a precise, concrete account of reasons and their interaction, based on the logic of default reasoning. The book begins with an intuitive, accessible introduction to default logic itself, and (...) then argues that this logic can be adapted to serve as a foundation for a concrete theory of reasons. Horty then shows that the resulting theory helps to explain how the interplay among reasons can determine what we ought to do by developing two different deontic logics, capturing two different intuitions about moral conflicts.In the central part of the book, Horty elaborates the basic theory to account for reasoning about the strength of our own reasons, and also about the related concepts of undercutting defeaters and exclusionary reasons. The theory is illustrated with an application to particularist arguments concerning the role of principles in moral theory. The book concludes by introducing a pair of issues new to the philosophical literature: the problem of determining the epistemic status of conclusions supported by separate but conflicting reasons, and the problem of drawing conclusions from sets of reasons that can vary arbitrarily in strength, or importance. (shrink)

If a conclusion was reached that creatures without a language capability exhibit some form of a capability for logic, this would shed a new light on the relationship between logic, language, and thought. Recent experimental attempts to test whether some animals, as well as pre-linguistic human infants, are capable of exclusionary reasoning are taken to support exactly that conclusion. The paper discusses the analyses and conclusions of two such studies: Call’s (2004) two cups task, and Mody and Carey’s (2016) (...) four cups task. My paper exposes hidden assumptions within these analyses, which enable the authors to settle on the explanation which assigns logical capabilities to the participants of the studies, as opposed to the explanations which do not. The paper then demonstrates that the competing explanations of the experimental results are theoretically underdeveloped, rendering them unclear in their predictions concerning the behavior of cognitive subjects, and thus difficult to distinguish by use of experiments. Additionally, it is questioned whether the explanations are rivals at all, i.e. whether they compete to explain the cognitive processes of the same level. The contribution of the paper is conceptual. Its aim is to clear up the concepts involved in these analyses, in order to avoid oversimplified or premature conclusions about the cognitive abilities of pre- and non-linguistic creatures. It is also meant to show that the theoretical space surrounding the issues involved might be much more diverse and unknown than many of these studies imply. (shrink)

What justifies practices of “standing”? Numerous everyday practices exhibit the normativity of standing: forbidding certain interventions and permitting ignoring them. The normativity of standing is grounded in facts about the person intervening and not on the validity of her intervention. When valid, directives are reasons to do as directed. When interventions take the form of directives, standing practices may permit excluding those directives from one’s practical deliberations, regardless of their validity or normative weight. Standing practices are, therefore, puzzling – (...) forbidding giving reasons and, if given, permitting disregarding such reasons. What justifies standing practices are the values that they protect, including privacy, autonomy, independence, valuable relationships, and equal respect. These values count in favor of standing’s duty against certain interventions and, when these duties of non-intervention are breached, the values underpinning those duties count in favor of standing’s permission to discount or exclude those interventions from one’s practical deliberations – the normative weight of those interventions notwithstanding. (shrink)

Abstract“Reason of state” is a concept that is rarely used in contemporary legal and political philosophy, compared to everyday parlance; “public reason,” in contrast, is ubiquitous, especially in liberal philosophy, as a legitimacy‐conferring device. In this article it is argued that the unpopularity of the notion of “reason of state” is partly due to its notorious ambiguity. Three different usages of the notion can be identified: a “thin” usage (where “reason of state” is equivalent to the common good); an “ironical” (...) usage (where it is used pejoratively to denounce it as a pretext for application of illegitimate or illegal means); and a “pre‐emptive” usage (where “reason of state” functions as a legitimate second‐order exclusionary reason used to override otherwise mandatory first‐order rules of action). It is argued that only the “thin” usage is helpful in a by‐and‐large liberal‐democratic context. The article then discusses the main dilemmas related to the concept of public reason, especially in its most influential, Rawlsian interpretation, and defends the concept against common critiques. Finally, the two concepts of “reason of state” and public reason are compared, and it is argued that a “thin” usage of “reason of state” is functionally equivalent to public reason, and that both resonate with the theory of “input democracy” (focusing, as it does, on the legitimacy of reasons—or motivations—for applying coercive rules to individuals). The article also identifies a problematic feature of “reason of state”: its emphasis on the state as a privileged interpreter of such reasons and/or as identifying the pool of actors within which the “constituency” of public reason is ascertained. There are good reasons to resist both of these consequences: the former because of its potentially authoritarian consequences, the latter because of reasons provided by cosmopolitan political conceptions. (shrink)

In a morally non-ideal legal system, how can law bind its subjects? How can the fact of a norm’s legality make it the case that practical reason is bound by that norm? Moreover, in such circumstances, what is the extent and character of law’s bindingness? I defend here an answer to these questions. I present a non-ideal theory of legality’s ability to produce binding reasons for action. It is not a descriptive account of law and its claims, it is (...) a normative theory of legal reasoning for particular social circumstances. The approach is, somewhat like Raz’s influential account, instrumental in character. Yet, it denies that the morally binding legal norms are, in whole or part, exclusionary reasons for the responsible subject. Law’s instrumentality must be given an alternative characterization. (shrink)

In this article, I examine the ways in which “Public Reason” (or public reasons, in plural) can be said to resonate with some types of reasons as presented and defended in contemporary legal theory. I begin by identifying the concept of Public Reason within the context of a discussion sparked by the between “internal” and “external” reasons, which was made famous by Bernard Williams. I will then compare this interpretation of Public Reason with Joseph Raz’s celebrated concept (...) of exclusionary reasons. Next, I refer to two concepts of moral “neutrality” and how such concepts affect our understanding of Public Reason. I also reflect upon whether it is tenable to draw a distinction between the good reasons for actions that we conduct in our own lives and good reasons to be adopted in public life. Finally, I raise the question of a distinction between the reasons which we press in general societal discourse and those that we press in the advocacy-related law-making process. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (shrink)

Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...) reason is too exclusionary: on it, public reason would rule out any prominent rationale for punishment. On what I contend is a better interpretation of public reason, whether retributivism would be ruled out as a rationale for punishment depends on whether a retributivist account can be constructed from shared political commitments in a liberal democracy. Some prominent versions of retributivism meet this requirement and so are consistent with public reason. (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 (...) class='Hi'>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)

Joseph Raz’s account of norms provides that a norm requiring an agent to φ is a reason to φ protected by an exclusionary reason not to act on some other reasons. I present a dilemma concerning the determination of the contents of this set of excluded reasons. The question is whether or not the set includes reasons that count in favour of φing. If the answer is yes, the account is committed to a picture of norms (...) that seems inconsistent with the phenomenology, in that it rules out acting on the very reasons on which the norm is based. If the answer is no, the account licenses a problematic form of double counting of reasons. I conclude that Raz’s protected reasons account of norms must be rejected, and tentatively suggest a solution to the problem posed by the dilemma. (shrink)

As a legitimate authoritative directive is a second-order reason, it defeats conflicting reasons by a process of exclusion. Nonetheless, a legitimate authoritative directive can be defeated by more weighty reasons, including, as I argue in this paper, the more weighty reasons it excludes. This is part of a value pluralist conception of authority, according to which there is no general rule for the resolution of conflicting reasons. And I advance this argument in response to the work (...) of Joseph Raz. Although Raz is a value pluralist, he posits a general rule for the resolution of some conflicts: namely, that an exclusionary reason cannot be defeated by a (more weighty) reason it excludes. This represents a weak version of value pluralism. My argument is that Raz does not succeed in his efforts to show that this general rule either better ensures conformity with reason or that it is justified by commitment to autonomy. (shrink)

Morality is a normative system of guidance that figures into practical reason by telling people what to do in various situations. The problem, however, is that morality has inherent gaps that often render it inefficacious. First, it may be indeterminate due to the high level of generality in which its principles are formulated. Second, moral terms such as ‘good’ and ‘right’ may be so vague that they fail to specify the requisite behavior. And third, its subjective aspect, which is a (...) product of personal experience, generates moral disagreement and thereby creates coordination problems that frustrate society’s collective moral aims. The objective of this article is to advance the thesis that morality must sometimes depend on law as a supplementary source of practical reason, a dependence which can be explained in terms of three essential features of law: its institutional character, its claim to authority, and its status as a second-order exclusionary reason for action. It shall then be explained how these three features enable law to make difficult decisions on behalf of individuals, define objective standards of conduct, and solve coordination problems, respectively, and in doing so, manage to fill in the gaps of morality mentioned above. Hence, it will be argued that law is also a normative system that helps people achieve their moral aims, notwithstanding the fact that it guides human behavior through a different logic and mode of operation from those of morality. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. (...) This political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

Rawls?s controversial idea of public reason is often criticized for being exclusionary and unfair. Yet it is possible to read the idea of public reason as being largely innocuous, especially if one attends to all the qualifications and specifications of the idea that Rawls articulated. This essay pursues such a reading, by systematically considering each element of qualification that Rawls built into the idea of public reason. Considered together and in terms of their cumulative effect, they make the innocuous (...) reading possible. My aim is not, however, to try to defend Rawls?s idea of public reason by claiming that it is innocuous, but to help clarify the ambiguous nature of the idea through this reading. (shrink)

The normative power of consent plays a central role in enabling individuals to permissibly interact with one another. However, in the philosophical literature, the relationship between consent and permissible action is not always well understood. In this article I outline an account of the normative effect of valid consent, in order to clarify this relationship. I first argue that consent’s primary moral significance lies in its effect upon our interpersonal moral relationships. Specifically, I argue that valid consent serves to cancel (...) a directed duty owed to the consenter. Other things being equal, this equips the consentee with a directed permission: they will no longer wrong the consenter by acting in the consented to manner. However, this account does not yet explain how consent impacts upon the all things considered permissibility of an action. On the assumption that all things considered permissibility is a function of an agent’s reasons for action, we require an account of consent’s effect on those reasons. I consider, and then reject, Michelle Dempsey’s recent suggestion that consent affects a consentee’s reasons for action by granting them an exclusionary permission. I propose that we should instead understand consent to function as a cancelling permission. (shrink)

Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons (...) but of ‘exclusionary permission’. That is, standing norms provide for permission to exclude from practical deliberation directive-reasons if given without the requisite standing, regardless of their normative weight. As such, standing is a type of second-order norm. Numerous everyday practices involve the deflection of directives, such as pervasive practices of deflecting hypocritical and officious directives. Of various possible models, the one that best captures the normative structure of these practices of deflection is the standing model. Accordingly, the normativity of standing is pervasive in our everyday practices. Establishing that standing, although a neglected philosophical idea, is a significant and independent normative concept. (shrink)

What, normatively speaking, are the grounds of rational choice? This paper defends ‘comparativism’, the view that a comparative fact grounds rational choice. It examines three of the most serious challenges to comparativism: 1) that sometimes what grounds rational choice is an exclusionary-type relation among alternatives; 2) that an absolute fact such as that it’s your duty or conforms to the Categorial Imperative grounds rational choice; and 3) that rational choice between incomparables is possible, and in particular, all that is (...) needed for the possibility of rational choice is that one alternative is not worse than the others. Each challenge is questioned. If comparativism is correct, then no matter what normative theory you favor, your answer to the question, ‘What makes my choice rational?’ must be comparative in form. In this way, comparativism provides a framework for normative theorizing. (shrink)

): This study answers the following question: How does John M. Finnis introduce in his Theory of Law the hartian and razian concept of “an exclusionary reason for action”? The search for an answer entails at least the following items: (a) the generic concept of a “reason for action” and its distinction from other possible motivations for action; (b) the distinctive elements of a legal reason for action, and its difference from other classes of reasons for action; (c) (...) the correlative concepts of authority and obligation, as applied to Law. This analysis will highlight some descriptive and evaluative achievements in Finnis’ proposal, particularly regarding his positivist predecessors, but also some theoretical difficulties, which we presume are linked to Finnis’ aim in trying to conciliate Legal Positivism and Natural Law Theory.Resumen:Este estudio intenta responder a la siguiente pregunta: ¿cómo introduce John M. Finnis en la teoría ius-naturalista del derecho, la idea hartiana y raziana de que el derecho proporciona razones excluyentes para la acción? En la búsqueda de una respuesta se abordarán los siguientes ejes temáticos: (a) el concepto genérico de razón para actuar, y su distinción de otras motivaciones posibles para la acción; (b) los rasgos propios de la razón jurídica para obrar, que la diferencian de otro tipo de razones para la acción; (c) los conceptos correlativos de autoridad y obligación en referencia al derecho. En este análisis se señalarán algunas fortalezas en la propuesta de Finnis con respecto a sus predecesores de la tradición positivista, pero también algunas debilidades descriptivas e inconsistencias teóricas. Estas dificultades se presumen ligadas a la dificultad de Finnis en su intento de conciliar el aparato conceptual heredado de la tradición iuspositivista, con el esquema conceptual heredado de la tradición iusnaturalista y, más ampliamente, con la epistemología práctica tomista que recoge de esta tradición. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier of (...) fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)

In February 1999, I received a call from a lawyer at Hill Abra Dewar stating that she had instructions to retain my services as an expert witness in the case of Sawatzky v. Riverview Health Centre. She was representing the Manitoba League of Persons with Disabilities which had intervenor status.In Canada the admission of expert testimony depends upon the application of four criteria outlined in R. v. Mohan by Justice Sopinka. These criteria are: relevance; necessity in assisting the trier of (...) fact, the absence of any exclusionary rule; and a properly qualified expert. The lawyer believed that I could provide the court with relevant, reliable ethics testimony about surrogate decision-making and about medical futility-information that likely would be outside the experience and knowledge of the trier of fact. (shrink)