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Series

SSRN

Columbia Law School

Law and Philosophy

2015

Articles 1 - 3 of 3

Full-Text Articles in Law

The Guise Of The Bad, Joseph Raz Jan 2015

The Guise Of The Bad, Joseph Raz

Faculty Scholarship

My remarks will focus primarily on the connection between the thesis of the Guise of the Good, and actions under the Guise of the Bad. I distinguish and discuss separately two versions of the Guise of the Bad thesis. The normative version claims that it is possible to perform an action that one believes to be bad (to have bad-making features) and for the reason that it is, as the agent believes, bad. The motive version claims that an agent can, without having any relevant false beliefs, perform actions motivated by the badness of those actions, namely by features of ...


The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen Jan 2015

The Influence Of Juridical Cant On Edificatory Approaches In 21st-Century America, David Pozen

Faculty Scholarship

This essay reframes the debate over the "growing disjunction" between legal scholarship and legal practice. Law review articles continue to make the world a better place, the essay stipulates. But are judicial opinions becoming less useful to students and scholars? A rigorous analysis and concrete prescriptions follow.


Intention And Value, Joseph Raz Jan 2015

Intention And Value, Joseph Raz

Faculty Scholarship

The paper sketches the role of reasons and intentions in leading to action with an intention, explaining the way possession of rational powers transforms the formation of intentions. Part One explains how when humans act with an intention they act in the belief that there is value in the action. Part Two explains the relative role of value and intention in “producing” the action, and relates their role to that of motivation.