Motivation, reconsideration and exclusionary reasons

Hatzistavrou, Antony

Abstract

What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the ‘motivational' model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons the exclusionary reasons protect). Some of his critics take him to be also committed to another model of exclusionary reasons which I label the ‘consideration' model. According to it exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the ‘reconsideration' model. On the reconsideration model exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function of not only decisions but also personal rules and authoritative directives.

Citation

Hatzistavrou, A. (2012). Motivation, reconsideration and exclusionary reasons. Ratio Juris, 25(3), 318-342. https://doi.org/10.1111/j.1467-9337.2012.00516.x

• Online Publication Date: Aug 3, 2012
• Publication Date: Sep 1, 2012
• Deposit Date: Nov 13, 2014
• Publicly Available Date: Nov 13, 2014
• Journal: Ratio juris
• Print ISSN: 0952-1917
• Electronic ISSN: 1467-9337
• Publisher: Wiley
• Peer Reviewed: Peer Reviewed
• Volume: 25
• Issue: 3
• Pages: 318-342
• DOI: https://doi.org/10.1111/j.1467-9337.2012.00516.x
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/464820
• Publisher URL: http://onlinelibrary.wiley.com/doi/10.1111/j.1467-9337.2012.00516.x/abstract
• Additional Information: Author's final version of article published in Ratio juris, 2012, v.25, issue 3