Joseph Raz

(? - 2022)

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.

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.

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.

"Well-being" signifies the good life, the life which is good for the person whose life it is. I have argued that well-being consists in a wholehearted and successful pursuit of valuable relationships and goals. This view, a little modified, is defended , but the main aim of the article is to consider the role of well-being in practical thought. In particular I will examine a suggestion which says that when we care about people, and when we ought to care about people, what we do, or ought to, care about is their well-being. The suggestion is indifferent to who cares and who is cared for. People may care, perhaps ought to care, about themselves, and they may care, perhaps ought to care, about people with whom they have, or ought to have special bonds, and finally they may care, perhaps ought to care, about other people generally. In all cases what they care, or ought to care, about is the wellbeing of the relevant people, themselves or others. I will argue that the suggestion is misleading, and the role of well-being in both personal and ethical life is much more modest.

The privilege of having three sets of extensive and hard-hitting comments on one's work is as welcome as it is rare, and especially so on this occasion as the lectures were, for me, but thefirst (well, not entirely first) stab at a subject I hope to explore at greater length. The reflectionsthat follow will respond to some of the criticisms, but will not be a point by point reply. I will use the occasion to clarify some obscurities in the lectures, and to contrast my view with some of my critics' own positions. I will proceed thematically, starting with some observations about method and about ontology, proceeding to explore several questions about the relations between social dependence and relativism, between genre, value, and normativity, and concluding with a fewwords on pluralism and liberal values.

Aspects of the world are normative in as much as they or their existence constitute reasons for persons, i.e. grounds which make certain beliefs, moods, emotions, intentions or actions appropriate or inappropriate. Our capacities to perceive and understand how things are, and what response is appropriate to them, and our ability to respond appropriately, make us into persons, i.e. creatures with the ability to direct their own life in accordance with their appreciation of themselves and their environment, and of the reasons with which, given how they are, the world presents them. An explanation of normativity would explain the various puzzling aspects of this complex phenomenon. In particular it would explain how it is that aspects of the world can constitute reasons for cognitive, emotive, and volitional responses; how it is that we can come to realise that certain cognitive, emotional or volitional responses are appropriate in various circumstances, and inappropriate in others; and how it is that we can respond appropriately. This paper explores an aspect of the last of these questions.