Practical Authority
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Author | : Joseph Raz |
Publisher | : OUP Oxford |
Total Pages | : 432 |
Release | : 2009-02-19 |
Genre | : Philosophy |
ISBN | : 0191580341 |
In this book Joseph Raz develops his views on some of the central questions in practical philosophy: legal, political, and moral. The book provides an overview of Raz's work on jurisprudence and the nature of law in the context of broader questions in the philosophy of practical reason. The book opens with a discussion of methodological issues, focusing on understanding the nature of jurisprudence. It asks how the nature of law can be explained, and how the success of a legal theory can be established. The book then addresses central questions on the nature of law, its relation to morality, the nature and justification of authority, and the nature of legal reasoning. It explains how legitimate law, while being a branch of applied morality, is also a relatively autonomous system, which has the potential to bridge moral differences among its subjects. Raz offers responses to some critical reactions to his theory of authority, adumbrating, and modifying the theory to meet some of them. The final part of the book brings together for the first time Raz's work on the nature of interpretation in law and the humanities. It includes a new essay explaining interpretive pluralism and the possibility of interpretive innovation. Taken together, the essays in the volume offer a valuable introduction for students coming for the first time to Raz's work in the philosophy of law, and an original contribution to many of the current debates in practical philosophy.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Christine Marion Korsgaard |
Publisher | : Oxford University Press, USA |
Total Pages | : 357 |
Release | : 2014-05-14 |
Genre | : Philosophy |
ISBN | : 0191564591 |
Christine M. Korsgaard is one of today's leading moral philosophers: this volume collects ten influential papers by her on practical reason and moral psychology. Korsgaard draws on the work of important figures in the history of philosophy such as Plato, Aristotle, Kant, and Hume, showing how their ideas can inform the solution of contemporary and traditional philosophical problems, such as the foundations of morality and practical reason, the nature of agency, and the role of the emotions in action. In Part 1, The Principles of Practical Reason, Korsgaard defends the view that the principles of practical reason are constitutive principles of action. By governing our actions in accordance with Kant's categorical imperative and the principle of instrumental reason, she argues, we take control of our own movements and so render ourselves active, self-determining beings. She criticizes rival attempts to give a normative foundation to the principles of practical reason, challenges the claims of the principle of maximizing one's own interests to be a rational principle, and argues for some deep continuities between Plato's account of the connection between justice and agency and Kant's account of the connection between autonomy and agency. In Part II, Moral Virtue and Moral Psychology, Korsgaard takes up the question of the role of our more passive or receptive faculties--our emotions and responses --in constituting our agency. She sketches a reading of the Nicomachean Ethics, based on the idea that our emotions can serve as perceptions of good and evil, and argues that this view of the emotions is at the root of the apparent differences between Aristotle and Kant's accounts of morality. She argues that in fact, Aristotle and Kant share a distinctive view about the locus of moral value and the nature of human choice that, among other things, gives them account of what it means to act rationally that is superior to other accounts. In Part III, Other Reflections, Korsgaard takes up question how we come to view one another as moral agents in Hume's philosophy. She examines the possible clash between the agency of the state and that of the individual that led to Kant's paradoxical views about revolution. And finally, she discusses her methodology in an account of what it means to be a constructivist moral philosopher. The essays are united by an introduction in which Korsgaard explains their connections to each other and to her current work.
Author | : Joseph Raz |
Publisher | : NYU Press |
Total Pages | : 339 |
Release | : 1990-12 |
Genre | : Political Science |
ISBN | : 0814774156 |
Authority is one of the key issues in political studies, for the question of by what right one person or several persons govern others is at the very root of political activity. In selecting key readings for this volume Joseph Raz concerns himself primarily with the moral aspect of political authority, choosing pieces that examine its justification, determine who is subject to it and who is entitled to hold it, and whether there are any general moral limits to it. The readings—by such modern political thinkeres as Robert Paul Wolff, H. L. A. Hart, G. E. M. Anscombe, and Ronald Dworkin—examine the basic moral issues and provide an essential introduction to the debate about the nature of authority for all students of political theory.
Author | : Rebecca Greenwood |
Publisher | : Chosen Books |
Total Pages | : 208 |
Release | : 2005 |
Genre | : Religion |
ISBN | : 0800793870 |
This practical manual on strategic-level spiritual warfare provides tools to train intercessors on effective breakthrough prayer that will bring about spiritual transformation.
Author | : Josef Weinzierl |
Publisher | : Bloomsbury Publishing |
Total Pages | : 199 |
Release | : 2024-01-11 |
Genre | : Law |
ISBN | : 1509965068 |
What is the nature of EU's authority? This fascinating book explores this question, and is much needed given the increased scrutiny of the EU's actions in the face of growing nationalism and various other internal and external challenges. By setting out an original account of the preferred moral standard to evaluate such authority, ie demoicratic authority, it illustrates how that standard affects the practical reasoning of those subject to the EU's authority. Theoretically significant, the book also has important practical value as legitimacy challenges in the EU increase. Constitutional lawyers and theorists, as well as political scientists will welcome this innovative new work.
Author | : Joseph Raz |
Publisher | : OUP Oxford |
Total Pages | : 220 |
Release | : 1999-09-09 |
Genre | : Philosophy |
ISBN | : 0191018589 |
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.
Author | : Mark Schroeder |
Publisher | : Oxford University Press |
Total Pages | : 237 |
Release | : 2007-12-13 |
Genre | : Philosophy |
ISBN | : 0199299501 |
Mark Schroeder presents an original theory of reasons for action. This theory is broadly Humean, in holding that reasons for action are instrumental, or explained by desires. Slaves of the Passions will be essential reading for anyone interested in metaethics, practical reason, or explanatory moral theory.
Author | : George Pavlakos |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2015-02-05 |
Genre | : Law |
ISBN | : 1107070724 |
A collection of new essays on the interplay between intentions and practical reasons in law and practical agency.
Author | : Francesca Alesse |
Publisher | : BRILL |
Total Pages | : 285 |
Release | : 2018-10-22 |
Genre | : Philosophy |
ISBN | : 9004385398 |
The focus of Aristotle on Prescription is Aristotle’s reflections on rule-making. It is widely believed that Aristotle was only concerned with decision-making, understood as a deliberative process enabling a person to arrive at particular, contingent decisions. However, rule-making is fundamental to Aristotle’s ethical texts. Establishing rules means indicating patterns for action that are sufficiently specific to meet situational difficulties and sufficiently constant in time to provide us with a code of behaviour to be used in similar situations. When we prescribe rules, we demonstrate the ability to direct not only our own life but also other people’s lives. Alesse’s book explores Aristotle’s deep reflections on the nature and functions of prescription, and on the relationship between rules and individual decisions.