Mod 8 – Raz Flashcards
(47 cards)
What is the paradox of authority?
The paradox of authority claims that following an authority is irrational because if the authority tells you the right thing, you would do/believe it anyway, making the authority redundant. If it tells you the wrong thing, you should not follow it. Thus, there seems to be no justification for following an authority.
What is Raz’s ‘service’ conception of authority?
The service conception of authority suggests that an authority serves you by solving problems you cannot solve yourself, making it rational to follow them even if they sometimes get it wrong.
What does the ‘normal justification thesis’ state?
The normal justification thesis states that an authority is justifiably an authority for you when you are more likely to act correctly on the balance of reasons by following the authority’s directives than by acting on your own assessment.
What are the key features of practical reasoning in the context of authority?
Practical reasoning involves looking at all reasons to act one way versus another and deciding based on the balance of reasons.
What is an exclusionary reason?
An exclusionary reason is a type of reason that removes or excludes other reasons from consideration in the decision-making process.
How does Raz’s theory relate to the authority of law?
Applying Raz’s theory to law suggests that the law cannot depend on moral truths and that judges are empowered to exercise discretion to create new law when referencing moral standards.
What is the role of expertise in Raz’s theory of authority?
Expertise is a basis for legitimate authority, as an authority can mediate between you and the relevant reasons, providing guidance that you may not be able to ascertain on your own.
How does the law serve to resolve coordination problems?
The law creates conventions and rules that help coordinate actions among individuals, such as traffic regulations, which would be unfeasible if left to individual discretion.
Fill in the blank: The law has authority to punish crimes like _______ and _______.
rape, theft
True or False: According to Raz, the law has equally justified authority over all subjects in all areas of law.
False
What are the five bases for legitimate authority according to Raz?
- Wisdom or expertise
- Steadier will, less likely to be biased
- Indirect strategies for doing what one should
- Reducing costs and anxiety of decision-making
- Solving coordination problems
What is the significance of the distinction between deliberative and executive phases of practical reason?
The distinction highlights how exclusionary reasons operate differently in the process of reasoning about actions and in executing those actions.
What is a common criticism of Raz’s account of authority?
A criticism is that it appears to lack equally justified authority in all areas of law, raising questions about the legitimacy of law over specific subjects.
How does Raz’s work contribute to the understanding of the relationship between morality and law?
Raz’s work clarifies the connections between morality and law, supporting positivist views, particularly that judges exercise discretion in hard cases.
What is the core element of Raz’s account of practical reasoning?
The ‘exclusionary’ reason
Exclusionary reasons allow individuals to follow the directive of an authority instead of weighing the balance of reasons themselves.
What is the difference between the deliberative and executive phases of practical reason?
The deliberative phase involves considering and weighing reasons to make a decision, while the executive phase involves acting on that decision
For example, in a student law society, the deliberative phase ends when a subsidy decision is made, and the executive phase begins when officers implement that decision.
What does an exclusionary reason do?
It provides a means to allocate the deliberative and executive phases of practical reason to different occasions or different people
This allows for coordinated behavior among individuals sharing common goals.
True or False: Exclusionary reasons allow subjects to act on their own assessment of all relevant facts after a decision is made.
False
After a decision is made, subjects must act on the authoritative directive, not their own assessment.
How does the notion of an exclusionary reason explain the binding force of promises?
When you promise, you treat the promise as an exclusionary reason guiding your future behavior
Once made, you cannot breach the promise simply because you change your mind.
What is the peremptory force of exclusionary reasons?
They replace all reasons that would otherwise be balanced in coming to a decision
The authoritative directive has already taken all relevant reasons into account.
What happens if the deliberation process that led to an exclusionary reason was faulty?
The exclusionary reason may lose its force
Examples of faults include a judge being intoxicated or a clear error of reasoning.
What does the law claim according to Raz’s theory?
The law claims the right to lay down rules that subjects are expected to comply with
This claim is part of the intentional practice that defines the law.
What must a law be capable of to serve as an authoritative direction?
It must guide the behavior of its subjects without requiring them to weigh the balance of reasons themselves
A directive that merely instructs subjects to weigh reasons is not authoritative.
Fill in the blank: An authoritative directive must make a _______ difference to their subjects.
[practical]
If a directive only instructs subjects to weigh reasons, it is not authoritative.
