Joseph Raz
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The Morality of Freedom
15 editions
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published
1986
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The Authority of Law
13 editions
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published
1979
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Practical Reason and Norms
8 editions
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published
1975
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Ethics in the Public Domain: Essays in the Morality of Law and Politics
5 editions
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published
1994
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The Practice of Value
by
8 editions
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published
2003
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The Concept of a Legal System: An Introduction to the Theory of Legal System
6 editions
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published
1980
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Between Authority and Interpretation: On the Theory of Law and Practical Reason
11 editions
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published
2009
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Authority (Readings in Social & Political Theory, 1)
6 editions
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published
1990
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Value, Respect, and Attachment (The Seeley Lectures, Series Number 4)
16 editions
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published
1997
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From Normativity to Responsibility
9 editions
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published
2011
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“Most common discussions of political authority presuppose existing political institutions and ask under what conditions do institutions of that kind have legitimate authority. This begs many questions, and precludes many possibilities. It presupposes that either this government has all the authority it claims over its population or it has none. Here again we notice one of the special features of the account of the previous chapter. It allows for a very discriminating approach to the question. The government may have only some of the of the authority it claims, it may have more authority over one person than over another. The test is as explained before: does following the authority's instructions improve conformity with reason? For every person the question has to be asked afresh, and for every one it has to be asked in a manner which admits of various qualifi cations. An expert pharmacologist may not be subject to the authority of the government in matters of the safety of drugs, an inhabitant of a little village by a river may not be subject to its authority in matters of navigation and conservation of the river by the banks of which he has spent all his life. These conclusions appear paradoxical. Ought not the pharmacologist or the villager to obey the law, given that it is a good law issued by a just government? I will postpone consideration of the obligation to obey the law until the last section of this chapter. For the time being let us remove two other misunderstandings which make the above conclusion appear paradoxical. First, it may appear as if the legitimacy of an authority rests on its greater expertise. Are political authorities to be equated with big Daddy who knows best? Second, again the suspicion must creep back that the exclusive concentration on the individual blinds one to the real business of government, which is to co-ordinate and control large populations.”
― The Morality of Freedom
― The Morality of Freedom
“On what grounds is it ever justified to regard consent as having its purported normative consequences? In special circumstances there may be a variety of occasional reasons that make the consent valid. Most common, perhaps, are those cases where the person to whose rights the agent consented was misled, through the agent's fault, into believing that the consent was valid and acted reasonably on this belief to his detriment. The agent might, for example, be at fault if in the circumstances the consent could be taken as sufficient evidence that the agent has power to consent (i.e., that there were reasons for holding the consent valid) and the agent should have realized this. In such cases the agent's liability is to make good the detriment thus caused to the person to whose rights he consented. Occasionally this requires recognizing that the consent and the circumstances surrounding it create the rights it purported to create.”
― The Morality of Freedom
― The Morality of Freedom
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