Joseph Raz

(? - 2022)

Actions for which we are responsible constitute our engagement with the world as rational agents. What is the relationship between such actions and our capacities for rational agency? I take this to be a question about responsibility in a particular use of that term, which I shall call ‘responsibility2’. We are not responsible2 for all our intentional actions (actions under hypnosis, for example), but we can nevertheless be responsible2 for actions we do not adequately control, for negligent actions, and for non-intentional omissions. Appreciating this helps show that familiar principles of responsibility are false: those which delimit responsibility to intentional actions or to actions and outcomes under our control. In the attempt to fashion an alternative principle, cases of negligence prove pivotal. We hold ourselves and others responsible2 for conduct within our respective ‘domains of secure competence’, (i.e. that within which we are confident of doing what we set ourselves to do, barring events which defeat our competence), even when actions within that domain fail. The significance of this practice of holding ourselves and others responsible2 lies in the way it maintains our sense of who we are and of how we are related to the world in which we act.1

Raz's method is as unusual, and as admirable, as the substance of his sometimes rather unfortunately labeled "perfectionist liberalism"—unfortunate because "it is not perfectionist in the more ordinary sense of the term" in that it recognizes that "imperfect ways of life may be the best which is possible for people" and "is strongly pluralistic", while understanding its fundamental value of well-being as the active and autonomous making of a life of one's own. Raz's approach is simultaneously alert to the complexity of argument, to a degree that practitioners of practical ethics sometimes are not, and aware of the limits of theorizing, as devotees of theoretical ethics rarely are. Thus, while scorning "supermarket liberalism" and rejecting, in company with Rawls, "hand-to-mouth piecemeal intuitionism", Raz also doubts whether ideal theory in the Rawlsian mode is "a meaningful enterprise", emphasizing wisely, in my judgment, that "not everything we know can be exhaustively stated in the abstract". The "dense webs of complex actions and interactions" that give meaning to our lives "defy explicit learning or comprehensive articulation. They are available only to those who have or can acquire practical knowledge of them, that is, knowledge embodied in social practices and transmitted by habituation".

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.

I could not write the essay I hoped to write. I hoped to write about cultural pluralism and moral epistemology by assuming that the first is the case and exploring what implications this may have for the second. But I soon realized that I do not know what cultural pluralism is. I do not mean that I have just belatedly discovered that the phrase “cultural pluralism” is used in different ways on different occasions. I mean that I realized that I myself did not know in what sense the phrase may be used which makes it relevant to the inquiry suggested by the general topic of this volume. So the following reflections are based on one assumption: The fact of multiculturalism cannot have much bearing on moral epistemology unless it bears on moral truths

In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This volume of essays, available in one volume for the first time, will be essential to legal philosophers and political theorists.

I will provisionally take the Guise of the Good thesis to consist of three propositions: (1) Intentional actions are actions performed for reasons, as those are seen by the agents. (2) Specifying the intention which makes an action intentional identifies central features of the reason(s) for which the action is performed. (3) Reasons for action are such reasons by being facts which establish that the action has some value. From these it is said to follow that (4) Intentional actions are actions taken in, and because of, a belief that there is some good in them. I will examine reasons for, and objections to these theses, and offer a defence of a modified version of the thesis.

H. L. A. Hart is heir and torch-bearer of a great tradition in the philosophy of law which is realist and unromantic in outlook. It regards the existence and content of the law as a matter of social fact whose connection with moral or any other values is contingent and precarious. His analysis of the concept of law is part of the enterprise of demythologising the law, of instilling rational critical attitudes to it. Right from his inaugural lecture in Oxford he was anxious to dispel the philosophical mist which he found in both legal culture and legal theory. In recent years he has shown time and again how much the rejection of the moralizing myths which accumulated around the law is central to his whole outlook. His essays on “Bentham and the Demystification of the Law” and on “The Nightmare and the Noble Dream” showed him to be consciously sharing the Benthamite sense of the excessive veneration in which the law is held in Common Law countries, and its deleterious moral consequences. His fear that in recent years legal theory has lurched back in that direction, and his view that a major part of its role is to lay the conceptual foundation for a cool and potentially critical assessment of the law are evident.

Particularism's model of explanation is challenged on the ground that a sensible intelligibility principle requires that there must be an explanation for the difference between a good and a bad action. Raz is concerned with what it is to be guided by reason, as well as with the results of the fact that reason can often undermine particular outcomes. What determines the moral status of an action must extend beyond what the agent's reason for acting is. It is argued that there is a clear distinction between the evaluative and guiding functions of reasons.

My remarks will focus primarily on the connection between the thesis of the Guise of the Good, and actions under the Guise of the Bad. I distinguish and discuss separately two versions of the Guise of the Bad thesis. The normative version claims that it is possible to perform an action that one believes to be bad (to have bad-making features) and for the reason that it is, as the agent believes, bad. The motive version claims that an agent can, without having any relevant false beliefs, perform actions motivated by the badness of those actions, namely by features of the actions that make them bad. I defend the Guise of the Good thesis, and explain the apparent inconsistency between it and the guise of the bad. I argue that the motive version of the Guise of the Bad thesis is true, and that what I explain as Luciferian action may be possible, if so showing that the normative version too is true. However, to the extent that action under the Guise of the Bad is possible it does not contradict the Thesis of the Guise of the Good.