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

by Meyer, Lukas H.; Paulson, Stanley L.; Pogge, Thomas W.

• ISBN13: 9780199248254
• ISBN10: 0199248257
• Format: Hardcover
• Copyright: 2003-09-25
• Publisher: Oxford University Press

Summary

The volume 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, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.

Author Biography

Meyer: UNIVERSITY OF BREMEN, Full-Time University Assistant in Political Philosophy (Wissenschaftlicher Assistent), 1995- (on leave 2000-02), FREIE UNIVERSITAT BERLIN, Teaching Assistant in Law and Politics (Wissenschaftlicher Mitarbeiter), 1990-92 and 1994-95; Feodor-Lynen Research Fellow of Alexander-von-Humboldt Stiftung in moral and political philosophy in residence at the COLUMBIA UNIVERSITY SCHOOL OF LAW (Visiting Scholar), 2001-02; HARVARD UNIVERSITY, Center for Ethics and the Professions, Faculty Fellow in Ethics, 2000-01; BALLIOL COLLEGE, Oxford, Senior Research Associate, Fall 1990, Spring 1991; SECRETARIAT OF THE UNITED NATIONS, New York, Department of Disarmament Affairs, Internship, Summer 1987 Pogge: Since receiving his Ph.D. in philosophy from Harvard, Thomas W. Pogge has been teaching moral and political philosophy at Columbia University. His recent publications include "What We Can Reasonably Reject" (NOUS 2002), "Eradicating Systemic Poverty: Brief for a Global Resources Dividend" (Journal of Human Development), "Achieving Democracy" (Ethics and International Affairs), "How Should Human Rights be Conceived?" (in Hayden, ed.: The Philosophy of Human Rights 2001), "Human Flourishing and Universal Justice" (Social Philosophy and Policy 1999). Pogge's work was supported, most recently, by the John D. and Catherine T. MacArthur Foundation and the Princeton Institute for Advanced Study. Stanley Paulson: Professor of Law and Professor of Philosophy, Washington University, St Louis

Table of Contents

List of Contributors	ix
ISSUES IN JURISPRUDENCE AND LEGAL PHILOSOPHY: THE NATURE OF LAW, PRACTICAL REASON, AUTHORITY, SOURCES OF AND GAPS IN THE LAW
1. The Nature of Arguments about the Nature of Law	3	(14)
Robert Alexy
2. Stronger Reasons	17	(8)
Rüdiger Bittner
3. Are Reasons for Action Beliefs?	25	(20)
Bruno Celano
4. Authority for Officials	45	(26)
Jeremy Waldron
5. Legal Reasoning and the Authority of Law	71	(28)
J.E. Penner
6. Raz on Gaps-the Surprising Part	99	(20)
Timothy A.O. Endicott
PERSPECTIVES ON LIBERAL SOCIETY: EQUALITY, INCOMMENSURABILITY, GROUP RIGHTS, AND MULTICULTURALISM
7. Equality, Incommensurability, and Rights	119	(8)
Hillel Steiner
8. The Intrinsic Value of Economic Equality	127	(16)
Andrei Marmor
9. Past and Future: The Case for a Threshold Notion of Harm	143	(18)
Lukas H. Meyer
10. Group Rights	161	(22)
James Griffin
11. Against Collective Rights	183	(22)
Yael (Yuli) Tamir
12. Communal Groups and Cultural Conflict	205	(24)
Bernhard Peters
13. Liberal Theories of Multiculturalism	229	(24)
Will Kymlicka
COMMENTS AND RESPONSES
Comments and Responses	253	(22)
Joseph Raz
Bibliography	275	(4)
Index	279