Hurd Flashcards

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1
Q

how do Hurd and raz disagree

A
  • Raz thinks that you should follow authority because DOING the right thing is important, whereas Hurd thinks that you should THINK about the right thing to do compared to what the authority is saying
  • Raz thinks the law changes action, Hurd thinks the law changes your beliefs for action, but not action itself
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2
Q

what does Hurd think about preemptive reasons

A
  • Hurd doesn’t believe the law gives preemptive reasons for following the law because in almost all cases a person has to consider the reasons for action based o the authority, so the command of the authority can only add weight for the reason to do, or not do, something
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3
Q

what does Hurd think about authority

A

????

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4
Q

what does Hurd think about gaps in the law

A

???

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5
Q

what are Hurds arguments against Raz

A
  • if the law replaces your other reasons for doing x, then the law could tell you to do something morally reprehensible which is bad
  • to account for this one would have to question whether or not the person giving the command is a legitimate authority for that case- which would require examining reasons for action in every case
  • this is exactly the opposite of what raz argues
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6
Q

Razian responses to Hurds argument

A

a. there are some acts that are so terrible that even if an authority commands them, they are not obligatory
b. if an alleged authority commands something that is intrinsically morally wrong, then they are not a legitimate authority
c. if a legitimate authority commands something that is intrinsically morally wrong, then that command is outside of its jurisdiction

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