Three Themes from Raz
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Phil of Law 2014 Syllabus
Princeton University Politics 563/Philosophy 526 Spring 2014 Philosophy of Law Robert P. George and Michael Smith This seminar will consider a range of issues in philosophy of law with particular emphasis on various dimensions of the relationship between law and morality. Requirements: Students are required to read each week's assignments carefully and participate regularly in seminar discussions. Each student must make a presentation to the seminar. Two written work options are available: (1) a long (7000 word) paper on any topic addressed in the seminar or (2) two shorter (3500), critical essays on issues we have explored. These may, but need not, be related to the topic of one’s presentation. Those readings marked with an asterisk (*) are on e-reserve. The following books (all available in paperback editions) are worth purchasing: Ronald Dworkin, Law’s Empire John Finnis, Natural Law and Natural Rights, 2nd edition Lon L. Fuller, The Morality of Law H.L.A. Hart, The Concept of Law, 2nd edition Joseph Raz, Practical Reason and Norms Week 1: Organizational Meeting *O. W. Holmes, “The Path of the Law,” in The Essential Holmes, ed. Richard Posner, pp. 160-77 *John Austin, “The Province of Jurisprudence Determined, “ in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 32-39 *Carl Llewellyn, “The Bramble Bush, a Realistic Jurisprudence, and the common Law Tradition,” in The Philosophy of Law, eds. F. Schauer, W. Sinnot-Armstrong, pp. 53-62 Week 2: Hart's Concept of Law H.L.A. Hart, The Concept of Law, chs. I-VI *Jonathan Cohen, "Critical Notice of Hart's The Concept of Law," in Mind, Vol. -
Hegel's Philosophy of Right As a Theory of Justice
Copyrighted Material I egel’s Philosophy of Right as a H heory of ustice T J Although many contemporary philosophers have embraced Hegelian philosophy to a surprising degree—which may even help to bridge the gulf between the Analytic and Continental traditions—Hegel’s Elements of the Philosophy of Right has so far failed to exert the slightest influence on the current debates in political philosophy. Rather, in recent years—after the abrupt end of the Marxist phase and its reduction of modern right to a mere superstructure—philosophers returned on a broad front to the rationalist paradigm of the Kantian tradition, which es- sentially dominates the debate from Rawls to Habermas; and however hard these two authors in particular try to embed their Kantian concepts of justice in a realistic, almost social-scientific approach, the theoretical model of Hegel’s Philosophy of Right plays no decisive part in their thought. Nor has the situation changed much in response to the countermovement in political philosophy that came into being through the somewhat arti- ficial grouping of theoreticians as diverse as Charles Taylor, Michael Walzer, or Alasdair MacIntyre under the heading of “communitarianism.” Despite a strong tendency to award a privileged position to ethics as opposed to a formalistic prin- ciple of morality, or to communal values as opposed to arbi- trary individual freedom, no real attempt has been made in these circles to render Hegel’s Philosophy of Right fruitful for the discourse of political philosophy. Indeed, the fact that authors Copyrighted Material chapter 1 such as Michael Walzer, Alasdair MacIntyre, or Joseph Raz are trying to keep the greatest possible distance from the political philosophy of Hegel has acquired an almost symptomatic sig- nificance by now. -
The Concept of Law Revisited
Michigan Law Review Volume 94 Issue 6 1996 The Concept of Law Revisited Leslie Green Osgoode Hall Law School, York University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Public Law and Legal Theory Commons Recommended Citation Leslie Green, The Concept of Law Revisited, 94 MICH. L. REV. 1687 (1996). Available at: https://repository.law.umich.edu/mlr/vol94/iss6/15 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. IBE CONCEPT OF LAW REVISITED Leslie Green* THE CONCEPT OF LAW. Second Edition. By H.L.A. Hart. With a Postscript edited by Penelope A. Bulloch and Joseph Raz. Oxford: Clarendon Press. 1994. Pp. xii, 315. $26. Law is a social construction. It is a historically contingent fea ture of certain societies, one whose emergence is signaled by the rise of a systematic form of social control and elite domination. In one way it supersedes custom, in another it rests on it, for law is a system of primary social rules that direct and appraise behavior, together with secondary social rules that identify, change, and en force the primary rules. Law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice; our appropriate attitude to it is therefore one of caution rather than celebration. -
APA Newsletters
APA Newsletters Volume 06, Number 2 Spring 2007 NEWSLETTER ON PHILOSOPHY AND LAW FROM THE EDITOR, STEVEN SCALET ARTICLES BRIAN H. BIX “Joseph Raz and Conceptual Analysis” JULES L. COLEMAN “Law and Political Morality” TIMOTHY ENDICOTT “Interpretation, Jurisdiction, and the Authority of Law” KENNETH EINAR HIMMA “Revisiting Raz: Inclusive Positivism and the Concept of Authority” LIAM MURPHY “Razian Concepts” STEPHEN PERRY “Two Problems of Political Authority” © 2007 by The American Philosophical Association ISSN: 1067-9464 APA NEWSLETTER ON Philosophy and Law Steven Scalet, Editor Spring 2007 Volume 06, Number 2 relating to such theories. In particular, I will look at the role of conceptual analysis in legal theory, focusing on some recent FROM THE EDITOR work by Joseph Raz.1 I. Overview Edition in Tribute to Joseph Raz It was a commonplace in the history of jurisprudence to focus on the inquiry, what is law? It is worth taking a few moments Joseph Raz is professor at Columbia University Law School to consider the question more closely. and research faculty at Oxford University. His writings influence generations of scholars and his many students are now among First and foremost, there is a potential confusion (heightened 2 the leading scholars in philosophy of law. in English more than in other major languages ), as “law,” even if focused on matters jurisprudential (and not speaking of physical For this edition of the Newsletter we invited leading political laws, the laws of games, social conventions, etc.), can refer to and legal philosophers to analyze some aspect of Professor a number of different, if related, matters: most prominently, Raz’s ideas. -
A Moral Right to Dissent? the Case of Civil Disobedience
A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE A thesis submitted to the faculty of San Francisco State University In partial fulfillment of The Requirements for The Degree ?W\L -02T5 Master of Arts in Philosophy By Juan Sebastian Ospina San Francisco, California May 2016 CERTIFICATION OF APPROVAL I certify that I have read A Moral Right to Dissent? The case of civil disobedience by Juan Sebastian Ospina, and that in my opinion this work meets the criteria for approving a thesis submitted in partial fulfillment of the requirement for the degree Master of Arts in Philosophy at San Francisco State University. Kevin Toh, Ph.D. Associate Professor, Philosophy Department Shelley Wilcox, Ph.D. Professor, Assistant Chair, Philosophy Department A MORAL RIGHT TO DISSENT? THE CASE OF CIVIL DISOBEDIENCE Juan Sebastian Ospina San Francisco, California May 2016 Joseph Raz has argued that in liberal states there is no moral right to disobedience. Raz claims that all states ought to be what he calls “liberal states,” which do not require a moral right to civil disobedience. Broadly, my focus in this paper is on describing how civil disobedience can be understood as a moral right to be included in the framework of political rights recognized in liberal states. I try to demonstrate that Raz’s argument proceeds from a limited understanding of political rights and political actions, and suggest that his conclusion is invalid or extremely exaggerated. I advance a tentative argument about the importance of this moral right to the political process of deliberative democracies, and of its inclusion in limited form among political participation rights. -
Positivism and the Inseparability of Law and Morals
\\server05\productn\N\NYU\83-4\NYU403.txt unknown Seq: 1 25-SEP-08 12:20 POSITIVISM AND THE INSEPARABILITY OF LAW AND MORALS LESLIE GREEN* H.L.A. Hart made a famous claim that legal positivism somehow involves a “sepa- ration of law and morals.” This Article seeks to clarify and assess this claim, con- tending that Hart’s separability thesis should not be confused with the social thesis, the sources thesis, or a methodological thesis about jurisprudence. In contrast, Hart’s separability thesis denies the existence of any necessary conceptual connec- tions between law and morality. That thesis, however, is false: There are many necessary connections between law and morality, some of them conceptually signif- icant. Among them is an important negative connection: Law is, of its nature, morally fallible and morally risky. Lon Fuller emphasized what he called the “internal morality of law,” the “morality that makes law possible.” This Article argues that Hart’s most important message is that there is also an immorality that law makes possible. Law’s nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. INTRODUCTION H.L.A. Hart’s Holmes Lecture gave new expression to the old idea that legal systems comprise positive law only, a thesis usually labeled “legal positivism.” Hart did this in two ways. First, he disen- tangled the idea from the independent and distracting projects of the imperative theory of law, the analytic study of legal language, and non-cognitivist moral philosophies. Hart’s second move was to offer a fresh characterization of the thesis. -
Reflections on Punishment from the 21St Century
RANDOMIZATION & SOCIAL PHYSICS: POST-MODERN MEDITATIONS ON PUNISHMENT ~~~//~~~ A Polemic and Manifesto for the 21st Century Bernard E. Harcourt University of Chicago Paper Presented at Columbia University Legal Theory Workshop February 26, 2007 February 26, 2006 Post-Modern Meditations on Punishment 1 Preface Enlightenment is man’s emergence from his self-incurred immaturity. Immaturity is the inability to use one’s own understanding without the guidance of another. Immanuel Kant, An Answer to the Question: ‘What is Enlightenment?’ (1784) In an essay bearing the same title, Michel Foucault read Kant’s text against the backdrop of his critique of reason, published just three years earlier. It is precisely at the moment that we assert ourselves as mature beings, Foucault observed, that it is most important to recognize the limits of reason. “It is precisely at this moment that the critique is necessary, since its role is that of defining the conditions under which the use of reason is legitimate in order to determine what can be known, what must be done, and what may be hoped” (Foucault 1997: 308). Foucault warned us, with Kant, that reliance on reason beyond its proper bounds would merely set the clock back: “Illegitimate uses of reason are what give rise to dogmatism and heteronomy, along with illusion” (1997:308). The careful and critical use of reason, in contrast, is what enlightens and leads forward, out of the shadows of illusion. But it could only do so by relying on itself. The modern period would thus embrace a strong conception of self-reliance—carefully bounded by critique. -
Princeton Philosophy
Princeton University Politics 563/Philosophy 526 Spring 2017 Prof. Robert P. George This seminar will consider a range of issues in philosophy of law with particular emphasis on various dimensions of the relationship between law and morality. Course Requirements: Students are required to read each week's assignments carefully and participate regularly in class discussions. Each student must make a presentation to the seminar. Two writing options are available: (1) a research paper or (2) two shorter, critical essays. Readings are drawn mainly from contemporary legal philosophers working within the tradition of analytic jurisprudence. Those readings marked with an asterisk (*) are on E-Reserves. The following books (all available in paperback editions) are worth purchasing: Ronald Dworkin, Law’s Empire John Finnis, Natural Law and Natural Rights (2nd edition) --------------, Philosophy of Law (in Collected Essays, Vol. IV) Lon L. Fuller, The Morality of Law H.L.A. Hart, The Concept of Law (2nd edition) Joseph Raz, Practical Reason and Norms Week 1: Organizational Meeting John Finnis, Philosophy of Law, ch. 5 (“A Grand Tour of Legal Theory”) Week 2: Hart's Concept of Law H.L.A. Hart, The Concept of Law, chs. I-VI *Jonathan Cohen, "Critical Notice of Hart's The Concept of Law," in Mind, Vol. 71 (1962) Week 3: Hart’s Legal and Political Philosophy H.L.A. Hart, The Concept of Law, chs. VII-IX John Finnis, Philosophy of Law, chs. 10 and 11 Week 4: Dworkin vs. Hart *Ronald Dworkin, Taking Rights Seriously, chs. 2-4 H.L.A. Hart, The Concept of Law, Postscript *H.L.A. -
Public Reason, Liberal Neutrality and (Same-Sex) Marriage
Public Reason, Liberal Neutrality and (Same-Sex) Marriage Andrew Lister Department of Political Studies, Queen's University Paper prepared for the CREUM conference on Neutrality, May 1-3, Montreal *two same-sex vs. opposite-sex typos corrected 15/5/08* 1 Principles of state neutrality are often invoked to undercut conservative arguments against same-sex marriage. When people claim that marriage is an institution defined by God, which the state may not redefine as it pleases1, liberals will sometimes adopt what Michael San- del calls the "naive" strategy of simply denying these claims.2 Often, however, they will employ the "sophisticated" strategy of asserting that, whether true or false, religious views are not legit- imate grounds for public policy in a pluralistic society. During the 2003 hearings that the Cana- dian House of Commons' Standing Committee on Justice and Human Rights held on same-sex marriage, for example, Bloc Québécois M.P. Richard Marceau repeatedly invoked an ideal of public reason in response to claims that homosexuality was sinful or that same-sex marriage was unnatural or that marriage was essentially heterosexual. I am not a theologian so it is difficult for me to define the notion of essence. However I am a jurist and a legislator. That is why the kinds of social organization that I am familiar with and that I study are necessarily legal ones. So, with the greatest of respect for people who because of their religious beliefs do not accept homosexual marriages—and they are fully entitled to their opinion—the Justice Committee must not rely on theology to determine the essence of marriage. -
Human Rights in the Emerging World Order
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2009 Human Rights in the Emerging World Order Joseph Raz Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Human Rights Law Commons Recommended Citation Joseph Raz, Human Rights in the Emerging World Order, TRANSNATIONAL LEGAL THEORY, VOL. 1, P. 31, 2010; OXFORD LEGAL STUDIES RESEARCH PAPER NO. 47/2009; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 09-219 (2009). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1607 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. (2010) 1 Transnational Legal Theory 31–47 Human Rights in the Emerging World Order Joseph Raz* Abstract Pursuing the so-called political account of human rights, this talk first explains some aspects of the relations between legal and moral rights, and between rights and interests, and then applies the analysis to provide an explanation of human rights. Using the rights to health and to education as examples, it rejects the traditional theory that takes human rights to be rights that people have in virtue of their humanity alone. But human rights are synchronically universal. They are rights which all people living today have, a feature that is a precondition of, and a result of, the fact that they set limits to state sovereignty and justify accountability across borders. -
Against Rights
1 Against Rights Philosophical Issues, vol. 11 (December, 2001) Richard J. Arneson University of California, San Diego Claims to rights and negotiation about their shape are pervasive in our public and private culture. Rights consciousness is surely desirable and is part and parcel of the transition toward a more democratic world. In this essay I consider the proper placement of moral rights in moral theory. In a famous essay, “Taking Rights Seriously,” Ronald Dworkin argues that if it is accepted that individuals have moral rights against their government, that implies serious constraints on the conduct of government and the freedom of a political majority to enforce its wishes through law.1 I endorse the thesis that individuals have such moral rights and support taking rights seriously in Dworkin’s sense. My focus is elsewhere. In this essay I shall argue that moral rights do not and should not figure in our fundamental moral principles; rights enter at the level of subordinate principles. In a very broad way, to take this stand is to side with utilitarians and consequentialists, who see rights as instruments for achieving other values, not moral goals in their own right.2 Is this more than a verbal issue? We can say that act utilitarianism assigns each person the moral right not to be harmed by anyone unless doing so maximizes utility and to be benefited by everyone whenever doing so maximizes utility. Someone who believes that morality just is Pareto efficiency can say that each person has a moral right, if the status quo can be altered by making her better off without making anyone else worse off, either that the status quo be altered to her benefit or that some entirely new 2 situation be brought about, establishing a new status quo to which no one can make a similar complaint. -
The Role of Whistleblowing Legislation in the Regulatory Governance of Markets and in National Security
Dialectics of Transparency and Secrecy in the Information Age: The Role of Whistleblowing Legislation in the Regulatory Governance of Markets and in National Security A DISSERTATION Submitted in Partial Fulfilment of the Requirements for the Degree of Doctor Iuris To the Department of Law of Freie Universität Berlin by Ioannis Kampourakis Berlin, 2018 Referees: Prof. Dr. Klaus Hoffmann-Holland Prof. Dr. Mordechai Kremnitzer Date of defence: 10 July 2019 List of abbreviations ACHPR African Commission on Human and Peoples’ Rights CCSDN Commission consultative du secret de la défense nationale CIA U.S. Central Intelligence Agency CME Coordinated Market Economy CNCTR Commission de Contrôle des Activités de Renseignement CPP French Code of Penal Procedure CSR Corporate Social Responsibility ECHR European Convention of Human Rights ECtHR European Court of Human Rights FBI U.S. Federal Bureau of Investigation FISC U.S. Foreign Intelligence Surveillance Court FOIA U.S. Freedom of Information Act GRI Global Reporting Initiative ICCPR International Covenant on Civil and Political Rights ICWPA U.S. Intelligence Community Whistleblower Protection Act ISC UK Intelligence and Security Committee LME Liberal Market Economy NPM New Public Management NSL National Security Letters OAS Organization of American States OECD Organisation for Economic Co-operation and Development OLC U.S. Office of Legal Counsel OSCE Organization for Security and Co-operation in Europe PIDA U.K. Public Interest Disclosure Act PPD-19 Presidential Policy Directive 19 QPC Question Prioritaire de Constitutionnalité SEC U.S. Securities and Exchange Commission SOX Sarbanes-Oxley Act UNCAC United Nations Convention Against Corruption UNODC United Nations Office on Drugs and Crime WPA U.S.