Raz begins by presenting an analysis of the concept of moral authority. He then develops a detailed explanation of the nature of law and legal systems. Within this framework Raz then examines the areas of legal thought that have been viewed as impregnated with moral values.
Ranging over central issues of morals and politics, this book discusses the nature of freedom and authority. It examines the role of value-neutrality, rights, equality, and the prevention of harm in the liberal tradition, and relates them to fundamental moral questions such as the relation of values to social forms, the comparability of values, and the significance of personal commitments.
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.
Reason and Value collects fifteen brand-new papers by leading contemporary philosophers on themes from the moral philosophy of Joseph Raz. The subtlety and power of Raz's reflections on ethical topics - including especially his explorations of the connections between practical reason and the theory of value - make his writings a fertile source for anyone working in this area. The volume honours Raz's accomplishments in the area of ethical theorizing, and will contribute toan enhanced appreciation of the significance of his work for the subject.
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 legitima...
"With keen insight into the common law mind, Edlin argues that there are rich resources within the law for judges to ground their opposition to morally outrageous laws, and a legal obligation on them to overturn it, consequent on the general common law obligation to develop the law. Thus, seriously unjust laws pose for common law judges a dilemma within the law, not just a moral challenge to the law, a conflict of obligations, not just a crisis of conscience. While rooted firmly in the history of common law jurisprudence, Edlin offers an entirely fresh perspective on an age-old jurisprudential conundrum. Edlin's case for his thesis is compelling." ---Gerald J. Postema, Cary C. Boshamer Profe...
Encompassing the relationship between the state and the individual, society and the individual, the nature of freedom and the concept of the person, this four-volume set covers the main tenets of the liberal tradition. The collection includes material from the rich background and history of classical writings, and also emphasizes modern scholarship and contemporary issues.Fully indexed and including a new introduction by the editor, this is an invaluable reference tool for both researchers and students in the field.