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Legal Directives and Practical Reasons (Hardcover)
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Legal Directives and Practical Reasons (Hardcover)
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This book investigates law's interaction with practical reasons.
What difference can legal requirements-e.g. traffic rules, tax
laws, or work safety regulations-make to normative reasons relevant
to our action? Do they give reasons for action that should be
weighed among all other reasons? Or can they, instead, exclude and
take the place of some other reasons? The book critically examines
some of the existing answers and puts forward an alternative
understanding of law's interaction with practical reasons. At the
outset, two competing positions are pitted against each other:
Joseph Raz's view that (legitimate) legal authorities have
pre-emptive force, namely that they give reasons for action that
exclude some other reasons; and an antithesis, according to which
law-making institutions (even those that meet prerequisites of
legitimacy) can at most provide us with reasons that compete in
weight with opposing reasons for action. These two positions are
examined from several perspectives, such as justified disobedience
cases, law's conduct-guiding function in contexts of bounded
rationality, and the phenomenology associated with authority. It is
found that, although each of the above positions offers insight
into the conundrum at hand, both suffer from significant flaws.
These observations form the basis on which an alternative position
is put forward and defended. According to this position, the
existence of a reasonably just and well-functioning legal system
constitutes a reason that fits neither into a model of ordinary
reasons for action nor into a pre-emptive paradigm-it constitutes a
reason to adopt an (overridable) disposition that inclines its
possessor towards compliance with the system's requirements.
Runner-up for the Peter Birks Book Prize for Outstanding Legal
Scholarship 2019.
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