Being Apart from Reasons The Role of Reasons in Public and Private M

Being Apart from Reasons deals with the question of how we should go about using reasons to decide what to do. More particularly, the book presents objections to the most common response given by contemporary legal and political theorists to the moral com

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Law and Philosophy Library VOLUME 76

Managing Editors FRANCISCO J. LAPORTA, Department of Law, Autonomous University of Madrid, Spain ALEKSANDER PECZENIK, Department of Law, University of Lund, Sweden FREDERICK SCHAUER, John F. Kennedy School of Government, Harvard University, Cambridge, Mass., U.S.A. Former Managing Editors AULIS AARNIO, MICHAEL D. BAYLES†, CONRAD D. JOHNSON†, ALAN MABE Editorial Advisory Board AULIS AARNIO, Research Institute for Social Sciences, University of Tampere, Finland ZENON BAN´KOWSKI, Centre for Law and Society, University of Edinburgh PAOLO COMANDUCCI, University of Genua, Italy ERNESTO GARZÓN VALDÉS, Institut für Politikwissenschaft, Johannes Gutenberg Universität Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal Justice Administration, John Jay College of Criminal Justice, City University of New York NEIL MacCORMICK, European Parliament, Brussels, Belgium WOJCIECH SADURSKI, European University Institute, Department of Law, Florence, Italy ROBERT S. SUMMERS, School of Law, Cornell University CARL WELLMAN, Department of Philosophy, Washington University

BEING APART FROM REASONS The Role of Reasons in Public and Private Moral Decision-Making

by CLÁUDIO MICHELON JR. Reader in Law at the Federal University of Rio Grande do Sul, Brazil

A C.I.P. Catalogue record for this book is available from the Library of Congress.

ISBN-10 ISBN-13 ISBN-10 ISBN-13

1-4020-4282-5 (HB) 978-1-4020-4282-9 (HB) 1-4020-4283-3 (e-book) 978-1-4020-4283-6 (e-book)

Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com

Printed on acid-free paper

All Rights Reserved © 2006 Springer No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed in the Netherlands.

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C ON T E N TS

ACKNOWLEDGEMENTS •

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INTRODUCTION •  CHAPTER ONE MORAL ACTION, REASON AND INCLINATION • ANTECEDENTS OF ACTION • THEORIES OF MERCY • CAUSALITY AND MORAL ACTION • INTENSIONALITY, UNIVERSALS AND PARTICULARS • THE VALUE OF A MORAL ACTION AND THE VALUE OF MORAL LIFE • MORAL CERTAINTY AND THE WEIGHT OF ONE’S OWN MORAL SUCCESS • A SUMMARY OF THE ARGUMENT • CHAPTER TWO REASONING IN PUBLIC AND PRIVATE CONTEXTS PUBLIC AGENTS’ DIRTY HANDS CONCLUSION

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EXCURSUS ON THE MERCIFUL ACTIONS PERFORMED IN THE EXERCISE OF PUBLIC ROLES

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CHAPTER THREE NEUTRALIST PUBLIC LIBERALISM AND THE INSULATION OF THE RIGHT FROM THE GOOD •   IMPARTIALITY AND SYSTEMATIC PRIORITY •   THE TWO STRATEGIES TO JUSTIFY THE POSSIBLE PRIORITY OF THE RIGHT OVER THE GOOD THE INTERNAL CONNECTION ARGUMENT THE OBJECTIVITY ARGUMENT PUBLIC LIBERAL NEUTRALISM AND THE CRITICAL PROJECT FINAL WORDS

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