🗳️How Reasons Make Law (Timestamps/Subtitles)

According to legal anti-positivism, legal duties are just a subset of our moral duties. Not every moral duty, though, is legal. So what else is needed? This article develops a theory of how moral duties come to be law, which I call the constitutive reasons account. Among our moral reasons are legal reasons—and those reasons make moral duties into legal duties. So the law consists of moral duties which have, as one of their underlying reasons, a legal reason. Such legal reasons arise from a relationship with the body for which it is the law of. The legal reasons in America, then, are the moral reasons flowing from a relationship with the United States. These reasons include consent, democracy, association and fair play. They are law’s constitutive reasons. By looking for them, we can better explain why some moral duties form part of the law, while others do not.

T IMESTAMPS:

00:00 - How Reasons Make Law
00:51 - Abstract
01:43 - 1. Introduction
08:08 - 2. The Causal Pedigree Approach
14:39 - 3. The Judicial Enforceability Approach
17:20 - 4. The Constitutive Reasons Approach
19:16 - 5. Legal Reasons
20:46 - A. Fair Play
23:04 - B. Special Reasons
27:44 - C. Legal Domains
32:47 - 6. Comparative Advantages - A. Causal Pedigree
35:09 - (i) Resisting evil
38:33 - (ii) Visiting relatives
39:03 - B. Judicial Enforceability
41:53 - 7. Objections
43:30 - A. Duties without Remedies
47:17 - B. Advisory Duties
48:58 - (i) Formal process
50:20 - (ii) Intent
51:08 - C. Ancillary Duties
51:33 - (i) Constitutional conventions
55:14 - (ii) Voting
59:26 - 8. Conclusion

© The Author(s) 2023. Published by Oxford University Press.

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