Overview
- Compares public and private decision-making, proving them to be ethically different
- Raises an original objection against Neutralist Liberalism (e.g Rawls)
- Raises an original objection to Joseph Raz’s theory of legal reasoning
- Raises an original objection to proceduralist theories of legal decision-making of a particular sort
Part of the book series: Law and Philosophy Library (LAPS, volume 76)
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Table of contents (7 chapters)
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Front Matter
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Back Matter
Keywords
About this book
Being Apart from Reasons deals with the question of how we should go about using reasons to decide what to do. More particularly, the book presents objections to the most common response given by contemporary legal and political theorists to the moral complexity of decision-making in modern societies, namely: the attempt to release public agents from their argumentative burden by insulating a particular set of reasons from the general pool of reasons and assigning the former systematic priority over all other reasons.
That strategy is apparent both in Rawls’ claim that reasons concerning the right are systematically prior to reasons concerning the good and in Raz’s claim that pre-emptive reasons are systematically prior to first-order reasons. The same strategy is also instantiated by certain arguments for the procedural value of law, such as Jeremy Waldron’s. In the book, each of those arguments for the insulation of reasons is objected to in order to defend the thesis the reasoning by public agents must always be as comprehensive as possible.
The remaining chapters object to those arguments mentioned above which aim at justifying the exclusion of certain reasons from public agents' decision-making.
Authors and Affiliations
Bibliographic Information
Book Title: Being Apart from Reasons
Book Subtitle: The Role of Reasons in Public and Private Moral Decision-Making
Authors: Cláudio Michelon
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/1-4020-4283-3
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Philosophy and Religion (R0)
Copyright Information: Springer Science+Business Media B.V. 2006
Hardcover ISBN: 978-1-4020-4282-9Published: 09 March 2006
Softcover ISBN: 978-90-481-7096-8Published: 25 November 2010
eBook ISBN: 978-1-4020-4283-6Published: 23 April 2006
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: X, 194
Topics: Ethics, Philosophy of Law, Political Philosophy, Theories of Law, Philosophy of Law, Legal History