K. E. Himma (Legal Theory Department, Faculty of Law, University of Zagreb) published The Practical Otiosity of Exclusionary Reasons in the Canadian Journal of Law & Jurisprudence 37(2) 2024, pp. 457 – 473

Abstract

One of Joseph Raz’s most influential contributions to legal philosophy is the Exclusionary Thesis, according to which any prescription that counts as mandatory is identical with an exclusionary reason that bars acting on certain reasons favoring noncompliance. This essay argues that exclusionary reasons are otiose in the sense there is no deliberative work they are ever needed to do under objective norms of practical reasoning.