On the Exclusionary Scope of Razian Reasons

• Published date: 01 June 2024
• Author: J. J. Moreso
• Date: 01 June 2024
• DOI: http://doi.org/10.1111/raju.12403

© 2024 The Authors. Ratio Juris published by University of Bologna and John Wiley & Sons Ltd.

Ratio Juris. Vol. 37 No. 2 June (148–160)

On the Exclusionary Scope of Razian

Reasons

J. J. MORESO*

Abstract. This article attempts to illustrate the originality, depth, and farsightedness of Joseph

Raz’s conception, especially his idea that legal norms provide us with protected reasons to act,

that is, with first- order reasons to behave as they prescribe, and with second- order, exclusionary

reasons not to act for reasons against what they prescribe. But the article also highlights some

aspects that raise doubts in my mind, especially with regard to the scope of these exclusionary

reasons. This in two ways: by asking, on the one hand, in what sense and subject to what limits

legal norms provide exclusionary reasons for the organs entrusted with applying the law, espe-

cially for judges, and on the other hand, how and to what extent legal norms provide citizens

with exclusionary reasons. So, in recognizing the strength of the Razian conception, the article

also points to some of the difficulties it faces.

The awful daring of a moment’s surrender.

Which an age of prudence can never retract.

—T. S. Eliot, “The Waste Land” (Eliot 1922)

1. Introduction

In replying to the points raised in a symposium dedicated to his work in 1989,1 Joseph

Raz said the following:

1 “Symposium: The Works of Joseph Raz,” Southern California Law Review 62, nos. 3 and 4

(March–May 1989): 371–1235.

This is an open access article under the terms of the Creative Commons Attribution License, which permits use, distribution

and reproduction in any medium, provided the original work is properly cited.

* The ideas put forward in this article have been presented at five academic forums: the colloquia

held at Maastricht University in March 2023 (promoted by Roland Pierik), the Bologna- Barcelona

seminar held in April 2023 (Chiara Valentini), the Barcelona- Lisbon seminar held in September

2023 (David Duarte), the Turkish Association of Philosophy seminars held in January 2024

(Yahya B. Gülgeç), and a seminar held at the University of Palermo in February 2024 (Marco

Brigaglia). I am thankful to all these promoters, as well as to Jorge Sampaio, my discussant at the

Barcelona- Lisbon seminar, and to the audiences for their comments. I gratefully acknowledge the

support received from the Spanish government through Research Grants Nos. PIF2020-

115941GB- 100 (AET) and CEX2021- 001169- M (Programa María de Maeztu de Unidades de

Excelencia) and from the Generalitat de Catalonia through Research Grant No. 2021 SGR 00923.