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Perfectionist Arguments for Liberalism

Margaret Moore

in Foundations of Liberalism

Published in print:
1993
Published Online:
November 2003
ISBN:
9780198273851
eISBN:
9780191599934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198273851.003.0006
Subject:
Political Science, Political Theory

This chapter examines Will Kymlicka's argument in Liberalism, Community and Culture and Joseph Raz's argument in The Morality of Freedom, both of which justify liberal political principles in terms ... More


Engaging Reason: On the Theory of Value and Action

Joseph Raz

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199248001
eISBN:
9780191598272
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199248001.001.0001
Subject:
Philosophy, Moral Philosophy

The book offers a penetrating examination of a set of fundamental questions about human thought and action. In these essays, Joseph Raz examines the nature of normativity, reason, and the will; the ... More


“MISTRESSES OF THEIR OWN DESTINY”: GROUP RIGHTS, GENDER, AND REALISTIC RIGHTS OF EXIT

Susan Moller Okin

in Citizenship and Education in Liberal-Democratic Societies: Teaching for Cosmopolitan Values and Collective Identities

Published in print:
2003
Published Online:
January 2005
ISBN:
9780199253661
eISBN:
9780191601972
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199253668.003.0013
Subject:
Political Science, Political Theory

The essays in Part III of the book, on liberal constraints and traditionalist education, argue for a more regulatory conception of liberal education and emphasize the need for some controls over ... More


Rights, Culture and the Law: Themes from the Legal and Political Philosophy of Joseph Raz

Lukas H. Meyer, Stanley L. Paulson, and Thomas W. Pogge (eds)

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199248254
eISBN:
9780191714849
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248254.001.0001
Subject:
Law, Philosophy of Law

This book brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: legal positivism and the nature of law, practical reason, ... More


Legal Rights

Pavlos Eleftheriadis

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.001.0001
Subject:
Law, Philosophy of Law

How can there be rights in law? We learn from moral philosophy that rights protect persons in a special way because they have peremptory force. But how can this aspect of practical reason be captured ... More


Against Collective Rights

Yael Tamir

in Multicultural Questions

Published in print:
1999
Published Online:
November 2003
ISBN:
9780198296102
eISBN:
9780191599583
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829610X.003.0008
Subject:
Political Science, Political Theory

Yael Tamir argues that the notion of collective rights, understood as entitlement bestowed on a group rather than the individuals that make up a group, should be rejected in principle. According to ... More


In Defense of Legal Positivism: Law Without Trimmings

Matthew H. Kramer

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.001.0001
Subject:
Law, Philosophy of Law

As an uncompromising defense of legal positivism, this book insists on the separability of law and morality. After distinguishing among three main dimensions of morality, the book explores a variety ... More


Rights as Valid Claims

Rex Martin

in A System of Rights

Published in print:
1997
Published Online:
November 2003
ISBN:
9780198292937
eISBN:
9780191599811
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198292937.003.0004
Subject:
Political Science, Political Theory

No real consensus has emerged on whether rights, in order to be rights, require social recognition (and beyond that, social maintenance). In considering this issue one school of thought—embracing ... More


Pluralistic Perfectionism and Autonomy: Raz on ‘The Proper Way to Enforce Morality’

Robert P. George

in Making Men Moral: Civil Liberties and Public Morality

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260240
eISBN:
9780191682063
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260240.003.0007
Subject:
Law, Philosophy of Law

This chapter is concerned with perfectionist liberalism as envisioned by Joseph Raz. Perfectionist liberalism is against anti-perfectionist liberalism in many ways. Perfectionist liberals do not ... More


A ‘Justified Normativity’ Thesis in Hans Kelsen's Pure Theory of Law?: Rejoinders to Robert Alexy and Joseph Raz

Stanley L. Paulson

in Institutionalized Reason: The Jurisprudence of Robert Alexy

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199582068
eISBN:
9780191739354
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199582068.003.0004
Subject:
Law, Philosophy of Law

This chapter explores the justified normativity thesis in Kelsen's legal philosophy, with particular attention to the works of Raz and Alexy. It raises doubts about whether anything as ambitious as ... More


On Morality as a Necessary or Sufficient Condition for Legality

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0004
Subject:
Law, Philosophy of Law

This chapter rebuts arguments by Exclusive Legal Positivists who have sought to show that the entry of moral principles into the law would be inconsistent with some of law's prominent features: its ... More


On the Separability of Law and Morality

Matthew H. Kramer

in Where Law and Morality Meet

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546138
eISBN:
9780191705434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546138.003.0008
Subject:
Law, Philosophy of Law

Whereas some legal positivists in recent years have queried the separability of law and morality, this chapter strongly reaffirms that separability. It emphasizes that the positivist insistence on ... More


Rights beyond Interests

F. M. Kamm

in Intricate Ethics: Rights, Responsibilities, and Permissible Harm

Published in print:
2007
Published Online:
October 2011
ISBN:
9780195189698
eISBN:
9780199851096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195189698.003.0009
Subject:
Philosophy, Moral Philosophy

Rights are most often thought of either as claims to something or as protected options to act, though these categories are not exhaustive. Are rights prior in any sense to their correlative duties so ... More


Being Worthy of Trust: a Response to Joseph Raz

Christopher Wolfe

in Natural Law, Liberalism, and Morality: Contemporary Essays

Published in print:
2001
Published Online:
March 2012
ISBN:
9780199243006
eISBN:
9780191697203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243006.003.0007
Subject:
Law, Philosophy of Law

This chapter discusses the analysis of Joseph Raz on coercion, trust, and citizenship. The chapter starts with a number of brief comments on some of his observations regarding the doctrine of liberty ... More


The Problem of Conscientious Obedience

Ruth C. A. Higgins

in The Moral Limits of Law: Obedience, Respect, and Legitimacy

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265671
eISBN:
9780191699092
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265671.003.0001
Subject:
Law, Philosophy of Law

Obedience is often treated as constituting the core of political obligation. The arguments that are considered assume that individuals have, or at least believe themselves to have, some extra-legal ... More


Descriptions and Constructions

Pavlos Eleftheriadis

in Legal Rights

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199545285
eISBN:
9780191719899
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199545285.003.0002
Subject:
Law, Philosophy of Law

This chapter reviews three theories that defend descriptivism about law. Jules Coleman offers an argument inspired by social science. It is rejected for introducing the methods of practical ... More


Requirements, Reasons, and Raz: Legal Positivism and Legal Duties

MATTHEW H. KRAMER

in In Defense of Legal Positivism: Law Without Trimmings

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199264834
eISBN:
9780191705229
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264834.003.0004
Subject:
Law, Philosophy of Law

Although Joseph Raz is in most respects a legal positivist, he shares with some natural-law theorists the view that every legal system — by virtue of its status as a legal system — claims to be ... More


Law’s Authority is not a Claim to Preemption *

Kenneth M. Ehrenberg

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0004
Subject:
Law, Philosophy of Law

Joseph Raz argues that the law claims legal directives constitute reasons to exclude personal reasons for contrary action. This chapter raises some considerations against his argument while admitting ... More


Symmetry Arguments

James Warren

in Facing Death: Epicurus and his Critics

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199252893
eISBN:
9780191601408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199252890.003.0003
Subject:
Philosophy, Ancient Philosophy

An examination of the second central Epicurean argument, to be found in Lucretius: death is not to be feared since it is relevantly like pre-natal non-existence and pre-natal non-existence is not a ... More


The Individuation of the Law of Property

James Penner

in The Idea of Property in Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198299264
eISBN:
9780191714313
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299264.003.0003
Subject:
Law, Philosophy of Law

From the perspective of ‘general’ jurisprudence, the ‘individuation of laws’ is about the theoretical problem of making sense of our common-sense belief that the law guides us in a number of more or ... More


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