By Samuel Stoljar (auth.)
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Additional resources for Moral and Legal Reasoning
Sample text
Without a prudential element we could not explain how legal rules can persuade or 'coerce' us to do what they tell us to do, while without a moral component legal rules would have no sense of direction and be just an aggregate of penalty-threatening 24 MORAL AND PRUDENTIAL CONSIDERATIONS 25 imperatives. To this matter we return in Chapter 6; our more immediate task is to examine some basic aspects of prudential reasoning, and especially how prudential reasons compare with moral ones. Consider again the 'perfect' criminal adverted to earlier.
However to say all this is still not quite enough. In particular, it is not enough to say that rules give or invite reasons, for we still have to say what these reasons are and, more especially, how these reasons work out in an argument. We are not now giving reasons or counter-reasons about facts (which, for example, we would be if we were discussing the soundness or otherwise of a particular technical rule), but are rather giving reasons and counter-reasons in terms of REASONS AND RULES 23 obligations and excuses, that is, arguing about the moral 'value' of an action in terms of the grievances or excuses to which an action may give rise.
2 Moral and Prudential Considerations PRUDENTIAL REASONING: MEANS AND ENDS We will have seen that rules are action-guiding in a distinctly rational way since they offer, or at least imply, the existence of reasons or criteria in the light of which we can argue as well as judge whether our actions are right or wrong, or correct or incorrect. We now have to see that these reasons differ greatly according to whether they support actions on prudential or on moral grounds, the first type of reasons serving our self-chosen or self-regarding aims, the second more essentially other-regarding, being reasons why we must or must not do certain things regardless of whether or not they coincide with our own wants or interests.