Practical Reason And Norms

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Practical Reason and Norms

Joseph Raz
Practical Reason and Norms Book PDF

Author : Joseph Raz
Publisher : OUP Oxford
Page : 220 pages
File Size : 53,5 Mb
Release : 1999-09-09
Category : Philosophy
ISBN : 9780191018589

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Practical Reason and Norms by Joseph Raz Pdf

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.

Rules, Norms, and Decisions

Friedrich V. Kratochwil
Rules Norms and Decisions Book PDF

Author : Friedrich V. Kratochwil
Publisher : Cambridge University Press
Page : 332 pages
File Size : 44,5 Mb
Release : 1991-04-26
Category : Law
ISBN : 0521409713

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Rules, Norms, and Decisions by Friedrich V. Kratochwil Pdf

This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

Reasons for Action and the Law

M.C. Redondo
Reasons for Action and the Law Book PDF

Author : M.C. Redondo
Publisher : Springer Science & Business Media
Page : 198 pages
File Size : 49,9 Mb
Release : 2013-06-29
Category : Philosophy
ISBN : 9789401591416

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Reasons for Action and the Law by M.C. Redondo Pdf

A focus on reasons for action and practical reason is the perspective chosen by many contemporary legal philosophers for the analysis of some central questions of their discipline. This book offers a critical evaluation of that approach, by carefully examining the empirical, logical and normative problems hidden behind the concepts of `reason for action' and `practical reasoning'. Unlike most other works in this field, it is a meta-theoretical study which analyses and compares how different theories use the notion of reason in their reconstruction of problems concerning issues such as normativity, the acceptance of norms, or the justification of judicial decisions. This book is directed primarily to scholars specializing in legal theory and concerned with the contribution practical philosophy can make to it, but it also contains important arguments and insights for all those interested in the controversy between legal positivists and their critics, in the theory of human action or in reason-based practical theories in general.

Legal Directives and Practical Reasons

Noam Gur
Legal Directives and Practical Reasons Book PDF

Author : Noam Gur
Publisher : Oxford University Press
Page : 235 pages
File Size : 52,7 Mb
Release : 2018-11-21
Category : Law
ISBN : 9780191059063

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Legal Directives and Practical Reasons by Noam Gur Pdf

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.

The Routledge Handbook of Practical Reason

Ruth Chang,Kurt Sylvan
The Routledge Handbook of Practical Reason Book PDF

Author : Ruth Chang,Kurt Sylvan
Publisher : Routledge
Page : 576 pages
File Size : 43,6 Mb
Release : 2020-12-29
Category : Philosophy
ISBN : 9781000337068

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The Routledge Handbook of Practical Reason by Ruth Chang,Kurt Sylvan Pdf

Over the last several decades, questions about practical reason have come to occupy the center stage in ethics and metaethics. The Routledge Handbook of Practical Reason is an outstanding reference source to this exciting and distinctive subject area and is the first volume of its kind. Comprising thirty-six chapters by an international team of contributors, the Handbook provides a comprehensive overview of the field and is divided into five parts: Foundational Matters Practical Reason in the History of Philosophy Philosophy of Practical Reason as Action Theory and Moral Psychology Philosophy of Practical Reason as Theory of Practical Normativity The Philosophy of Practical Reason as the Theory of Practical Rationality The Handbook also includes two chapters by the late Derek Parfit, ‘Objectivism about Reasons’ and ‘Normative Non-Naturalism.’ The Routledge Handbook of Practical Reason is essential reading for philosophy students and researchers in metaethics, philosophy of action, action theory, ethics, and the history of philosophy.

Practical Reason

Georg Henrik Wright
Practical Reason Book PDF

Author : Georg Henrik Wright
Publisher : Unknown
Page : 232 pages
File Size : 43,7 Mb
Release : 1983
Category : Philosophy
ISBN : UOM:49015000677063

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Practical Reason by Georg Henrik Wright Pdf

In this volume, Professor Von Wright explores a philosophical area that he has made peculiarly his own: deontic logic, the name he coined in 1951 for the logical study of action, normative concepts, and discourse. The present collection is in large part devoted to an important new essay entitled ?Norms, Truth, and Logic,? in which the author presents what he hopes will be his final thoughts on the controversies surrounding the subject.

Legal Reasoning

Martin P. Golding
Legal Reasoning Book PDF

Author : Martin P. Golding
Publisher : Broadview Press
Page : 180 pages
File Size : 43,9 Mb
Release : 2001-03-02
Category : Law
ISBN : 1551114224

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Legal Reasoning by Martin P. Golding Pdf

In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).

Norms and Practices

James D. Wallace
Norms and Practices Book PDF

Author : James D. Wallace
Publisher : Cornell University Press
Page : 153 pages
File Size : 44,8 Mb
Release : 2011-03-15
Category : Philosophy
ISBN : 9780801459627

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Norms and Practices by James D. Wallace Pdf

We spend a great deal of time learning our vocations and avocations as we work at jobs, participate in home life, and take part in civic activities and politics. In doing so, we engage in practices that consist of complex bodies of norms. These practices themselves are bodies of knowledge-often acquired from others-about what we take to be good ways or right ways to do certain things. As we learn how to solve problems and act on this knowledge, the practice itself changes. In Norms and Practices, James D. Wallace shows that norms of all kinds, including ethical norms, are intensely social constructs learned through constant interaction with others. Wallace suggests that ethical norms have long been misunderstood as practice-independent prescriptions for behavior; he regards them instead as items of practical knowledge that are constituents of practices. We are given the luxury of learning from others' mistakes and successes, often in a very informal way. Such lessons from collective or individual experience often carry more weight than do pronouncements from an external source. Wallace shows that practices and norms, including ethical norms within such spheres as biomedical research, family life, and politics, continually change as practitioners face novel problems.

Problems of Normativity, Rules and Rule-Following

Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka
Problems of Normativity Rules and Rule Following Book PDF

Author : Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka
Publisher : Springer
Page : 455 pages
File Size : 47,6 Mb
Release : 2014-11-07
Category : Law
ISBN : 9783319093758

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Problems of Normativity, Rules and Rule-Following by Michał Araszkiewicz,Paweł Banaś,Tomasz Gizbert-Studnicki,Krzysztof Płeszka Pdf

This book focuses on the problems of rules, rule-following and normativity as discussed within the areas of analytic philosophy, linguistics, logic and legal theory. Divided into four parts, the volume covers topics in general analytic philosophy, analytic legal theory, legal interpretation and argumentation, logic as well as AI& Law area of research. It discusses, inter alia, “Kripkenstein’s” sceptical argument against rule-following and normativity of meaning, the role of neuroscience in explaining the phenomenon of normativity, conventionalism in philosophy of law, normativity of rules of interpretation, some formal approaches towards rules and normativity as well as the problem of defeasibility of rules. The aim of the book is to provide an interdisciplinary approach to an inquiry into the questions concerning rules, rule-following and normativity.

Normativity

Conor McHugh,Jonathan Way,Daniel Whiting
Normativity Book PDF

Author : Conor McHugh,Jonathan Way,Daniel Whiting
Publisher : Oxford University Press
Page : 295 pages
File Size : 50,5 Mb
Release : 2018
Category : Philosophy
ISBN : 9780198758709

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Normativity by Conor McHugh,Jonathan Way,Daniel Whiting Pdf

What should I do? What should I think? Traditionally, ethicists tackle the first question, while epistemologists tackle the second. Philosophers have tended to investigate the issue of what to do independently of the issue of what to think, that is, to do ethics independently of epistemology, and vice versa. This collection of new essays by leading philosophers focuses on a central concern of both epistemology and ethics: normativity. Normativity is a matter of what one should or may do or think, what one has reason or justification to do or to think, what it is right or wrong to do or to think, and so on. The volume is innovative in drawing together issues from epistemology and ethics and in exploring neglected connections between epistemic and practical normativity. It represents a burgeoning research programme in which epistemic and practical normativity are seen as two aspects of a single topic, deeply interdependent and raising parallel questions.

A Theory of Legal Obligation

Stefano Bertea
A Theory of Legal Obligation Book PDF

Author : Stefano Bertea
Publisher : Cambridge University Press
Page : 379 pages
File Size : 41,5 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781108475105

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A Theory of Legal Obligation by Stefano Bertea Pdf

Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.

Following the Rules

Joseph Heath
Following the Rules Book PDF

Author : Joseph Heath
Publisher : Oxford University Press
Page : 354 pages
File Size : 40,7 Mb
Release : 2008-10-16
Category : Philosophy
ISBN : 9780199888108

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Following the Rules by Joseph Heath Pdf

For centuries, philosophers have been puzzled by the fact that people often respect moral obligations as a matter of principle, setting aside considerations of self-interest. In more recent years, social scientists have been puzzled by the more general phenomenon of rule-following, the fact that people often abide by social norms even when doing so produces undesirable consequences. Experimental game theorists have demonstrated conclusively that the old-fashioned picture of "economic man," constantly reoptimizing in order to maximize utility in all circumstances, cannot provide adequate foundations for a general theory of rational action. The dominant response, however, has been a slide toward irrationalism. If people are ignoring the consequences of their actions, it is claimed, it must be because they are making some sort of a mistake. In Following the Rules, Joseph Heath attempts to reverse this trend, by showing how rule-following can be understood as an essential element of rational action. The first step involves showing how rational choice theory can be modified to incorporate deontic constraint as a feature of rational deliberation. The second involves disarming the suspicion that there is something mysterious or irrational about the psychological states underlying rule-following. According to Heath, human rationality is a by-product of the so-called "language upgrade" that we receive as a consequence of the development of specific social practices. As a result, certain constitutive features of our social environment-such as the rule-governed structure of social life-migrate inwards, and become constitutive features of our psychological faculties. This in turn explains why there is an indissoluble bond between practical rationality and deontic constraint. In the end, what Heath offers is a naturalistic, evolutionary argument in favor of the traditional Kantian view that there is an internal connection between being a rational agent and feeling the force of one's moral obligations.

Facts, Values, and Norms

Peter Railton
Facts Values and Norms Book PDF

Author : Peter Railton
Publisher : Cambridge University Press
Page : 412 pages
File Size : 49,5 Mb
Release : 2003-03-17
Category : Philosophy
ISBN : 0521426936

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Facts, Values, and Norms by Peter Railton Pdf

In our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics.

From Reasons to Norms

Torbjörn Tännsjö
From Reasons to Norms Book PDF

Author : Torbjörn Tännsjö
Publisher : Springer Science & Business Media
Page : 175 pages
File Size : 48,7 Mb
Release : 2009-12-12
Category : Philosophy
ISBN : 9789048132850

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From Reasons to Norms by Torbjörn Tännsjö Pdf

Metaethics is the inquiry into the nature of morality (or ethics, I use the words ‘morality’, ‘morals’, and ‘ethics’ as synonyms). When we pass moral judgements, what kind of claims are we then making? I speak of this as the semantic metaethical question. a re there moral facts, to be discovered by us and existing independently of our thoughts and conceptualisation? I speak of this as the ontological or me- physical metaethical question. a nd, if there are, can we know about them; and, if we can, how do we get this kind of knowledge? I speak of this as the epistemic metaethical question. a ll these metaethical questions, the semantic, the ontological, and the epistemic ones, are raised and discussed in this book, but they are not the core questions raised. I have been more concerned with another kind of questions, which deserve to be called metaethical as well: what are the problems of morality? a re there many different moral questions, or, do they all, in the final analysis, reduce to only a few, or perhaps just one? t his question is of special importance to a non-naturalist objectivist and realist like the present author, who believes that we do make truth-claims when we pass moral judgements and who believes that there is a truth in these matters so that we must face the possibility that even our most cherished moral judgements may be false.

Evidence and Agency

Berislav Marusic
Evidence and Agency Book PDF

Author : Berislav Marusic
Publisher : OUP Oxford
Page : 256 pages
File Size : 52,8 Mb
Release : 2015-10-01
Category : Philosophy
ISBN : 9780191023439

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Evidence and Agency by Berislav Marusic Pdf

Evidence and Agency is concerned with the question of how, as agents, we should take evidence into account when thinking about our future actions. Suppose you are promising or resolving to do something that you have evidence is difficult for you to do. For example, suppose you are promising to be faithful for the rest of your life, or you are resolving to quit smoking. Should you believe that you will follow through, or should you believe that there is a good chance that you won't? If you believe the former, you seem to be irrational since you believe against the evidence. Yet if you believe the latter, you seem to be insincere since you can't sincerely say that you will follow through. Hence, it seems, your promise or resolution must be improper. Nonetheless, we make such promises and resolutions all the time. Indeed, as the examples illustrate, such promises and resolutions are very important to us. The challenge is to explain this apparent inconsistency in our practice of promising and resolving. To meet this challenge, Berislav Marusic considers a number of possible responses, including an appeal to 'trying', an appeal to non-cognitivism about practical reason, an appeal to 'practical knowledge', and an appeal to evidential constraints on practical reasoning. He rejects all these and defends a solution inspired by the Kantian tradition and by Sartre in particular: as agents, we have a distinct view of what we will do. If something is up to us, we can decide what to do, rather than predict what we will do. But the reasons in light of which a decision is rational are not the same as the reasons in light of which a prediction is rational. That is why, provided it is important to us to do something we can rationally believe that we will do it, even if our belief goes against the evidence.