Joseph Raz

(? - 2022)

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.

The paper deals with the possibility of a theory of the nature of law as such, a theory which will be necessarily true of all law. It explores the relations between explanations of concepts and of the things they are concepts of, the possibility that the law has essential properties, and the possibility that the law changes its nature over time, and that what is law at a given place and time depends on the culture and concepts of that place and time. It also considers the possibility of understanding the institutions, such as the law, of cultures whose concepts are alien to us. The position advocated offers a reconciliation of ways in which a theory of the nature of law is parochial with its claim to be universal.

Stephen Darwall's understanding of what kind of life is a good life, good for the person whose life it is, belongs in the same family as, among others, Scanlon's and mine. It is a family of views about well-being which descends from Aristotle, and Darwall has much of interest to say about the good life, and particularly about Aristotle's views on the subject. Many of the observations central to his position seem to me cogent, and are shared by other writers. These include three important propositions: 1. that a good life, one which is good for those whose life it is, is not necessarily the same as a life which they think is good for them, nor does it necessarily consist in their desires being satisfied, nor in the satisfaction of any subset of their desires . 2. that people aim or intend to do what is worth doing, to have relationships worth having, and engage in goals worth pursuing, and so on, and that all of these, and their combination, are distinct from having a good life , and 3. that what makes the well-being of people worth pursuing, to the extent that it is, what provides reasons for those same people and for others to protect or promote it, is that people are valuable in themselves

The book is a contribution to the study of values, as they affect both our personal and our public life. It defends the view that values are necessarily universal, on the ground that that is a condition of their intelligibility. It does, however, reject most common conceptions of universality, like those embodied in the writings on human rights. It aims to reconcile the universality of value with the social dependence of value and the centrality to our life of deep attachments to people and countries alike. Building from there, the book explores personal love, the value of life, and the fundamental duty of respect for people.

Human agents act for reasons that contribute to their good. However, in our explanation of why agents act for reasons that depend on what they value, we encounter the problem of situations in which goods are neither better than others nor are of equal value. The incommensurability of value can then be seen to lead to an incommensurability of reasons for action. Examining rationalist and classical conceptions of human agency, Raz uses the presence of incommensurability to understand how this affects the relation between reasons and the will, and its effects on our practical reasoning and deliberation. A proper understanding of human agency will take for granted that the goodness of options are incommensurate and that explanations concerning what we want cannot solely be accomplished in terms of reasons.

Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some preliminaries -- Postema on law's autonomy and public practical reasons : a critical comment.

Professor Robert Alexy wrote a book whose avowed purpose is to refute the basic tenets of a type of legal theory which 'has long since been obsolete in legal science and practice'. The quotation is from the German Federal Constitutional Court in 1968. The fact that Prof Alexy himself mentions no writings in the legal positivist tradition [in English] later than Hart's The Concept of Law (1961) may suggest that he shares the court's view. The book itself may be evidence to the contrary. After all why flog a dead horse? Why write a book to refute a totally discredited theory? Perhaps Alexy was simply unlucky. The burst of reflective, suggestive and interesting writings in the legal positivist tradition reached serious dimensions only in the years after the original publication of his book, when Waldron, Marmor, Gardner, Leiter, Shapiro, Murphy, Himma, Kramer, Endicott, Lamont, Dickson, Bix and others joined those who had made important contributions to legal theory in the positivistic tradition in the years preceding the original publication of Alexy's book: Lyons, Coleman, Campbell, Harris, Green, Waluchow and others, who are still among the main contributors to legal theory in the positivist tradition. It is a great shame that nothing in these writings influenced the arguments of the book. Perhaps this regret is misplaced. After all ‘positivism' in legal theory means, and always did mean, different things to different people. What Radbruch, one of Alexy's heroes, meant when he first saw himself as a legal positivist and then recanted was not the same as what 'legal positivism' means in Britain (and nowadays in the United States as well) among those who engage in philosophical reflection about the nature of law. Perhaps Alexy is simply addressing himself to a German audience, and refuting, or attempting to refute, legal theories of a kind identified in Germany as 'legal positivism'. Perhaps, though his references to Hart show that he does not intend it that way. My aims in this chapter are, however, reasonably clear. My main purpose is to explore whether any of Alexy's arguments challenge any of the views which I have advocated. Subsidiary aims are, first, to clarify why what Alexy says is legal positivism is not what is understood as such in the English speaking world, so that some of Alexy's sound points find no target; secondly, to try and clarify some of his arguments which I found, at least initially, rather obscure. Given the prominence of Alexy's book I will refer only to it, and will not consider his other publications.

It is more or less common ground that an important aspect of the explanation of normativity relates it to the way Reason (our rational powers), reasons (for beliefs, emotions, actions, etc.) and reasoning, with all its varieties and domains, are inter-connected. The relation of reasoning to reasons is the topic of this this paper. It does not start from a tabula rasa. It presupposes that normativity has to do with the ability to respond rationally to reasons, and with responding to reasons with the use of our rational powers. The question is where does reasoning fit in? I will compare two sketchy accounts of reasoning, judging their success in elucidating the concept and its role in the explanation of normativity. First I outline the view that reasoning is an activity of searching for a justified answer or for a justification of the answer to a question. Some critical reflection on that view leads to what I call the simple account, which takes reasoning to consist (broadly speaking) in responsiveness to perceived reasons. I will illustrate ways in which the simple account is at odds with the concept of reasoning. Its merits depend on the thought that intentions, attempts or actions can be conclusions of reasoning. Those who affirm that possibility often regard reasoning that has such conclusions as practical reasoning. Hence much of the paper will be about practical reasoning. That would lead to a tentative endorsement of reasoning as a search for a justified answer, suggesting a different view of the place of reasoning in explaining normativity.