Joseph Raz, Aristotle and reasoning with judicial precedents

Muñoz A.A.R. · Prudentia Iuris (2024) · DOI: 10.46553/prudentia.97.2024.4

Resumen

This research focus on Joseph Raz’s conception of the moral reasoning done by judges when they reason with precedents. For Raz, one aspect of the legal reasoning exercised by judges is of moral nature. This reasoning is done considering what he calls the operative reasons and auxiliary reasons of a legal system. Operative reasons are reasons that indicate that a specified end should be done. Auxiliary reasons are reasons that indicate the actions through which (means) it is possible to achieve a specified end. For Raz, as for Aristotle, this end and means are of moral nature and the relation between ends and means is not instrumental. Once expounded this aspect of Raz’s conception of legal reasoning, it is possible to sustain that in his account there are some central features of the Aristotelian ethical tradition.

Instituciones: Universidad Católica San Pablo