1pm - 2pm BST
Wednesday 17 May 2023
Professor Kenneth Ehrenberg - Forms of authority
Free
University of Surrey
Guildford
Surrey
GU2 7XH
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Overview
One very popular conception of authority among theorists is the service conception, developed by Joseph Raz. This says that practical authority is legitimate when it helps those subject to it to comply better with reasons they already have. But there are two problems with this view that have not yet seen adequate replies: the idea that obedience is owed to the person in authority (whereas the service conception seems to suggest we merely owe it to ourselves to comply), and the idea that legitimate authority gives us a moral obligation to obey (whereas the service conception says we have good reason to obey even when the reasons we already have are not moral ones).
The lecture will be a precis of a book-length project where I aim to show that these problems can be answered by comparing legal authority to other areas of practical authority we encounter in our daily lives. In particular, in some forms of authority, our relationship to the person giving the directives gives us strong preexisting moral reasons to do as they wish and the directive informs us of that wish. In other forms, our obligation is not owed to the person giving the directive at all, but to others who may be impacted by our behaviour.
Speaker
Professor Kenneth Ehrenberg
Professor of Jurisprudence and Philosophy
Biography
Kenneth Ehrenberg is Professor of Jurisprudence and Philosophy at the University of Surrey, where he is also the co-Director of the Surrey Centre for Law and Philosophy. He is the author of The Functions of Law (Oxford University Press 2016), as well as some 25 articles and book chapters on the nature of law, its relation to morality, legal validity, legal authority, and the epistemology of evidence law. He is also the co-Editor of Cambridge University Press’ Elements in Philosophy of Law series.
Host
Professor Alexander Sarch
Professor of Legal Philosophy
Biography
Biography
Prof Sarch's research tackles theoretical and doctrinal questions about the criminal law, with a particular emphasis on culpable mental states ("mens rea") and the fundamental limits on the reach of criminal liability. He has published widely on criminal culpability, willful ignorance, risk taking, well-being and blame, and his current projects focus on the limits of criminalization, motivated reasoning in corporate crime as well as legal fictions and the regulation of artificial agents (from AI to corporations). His monograph Criminally Ignorant: Why the Law Pretends We Know What We Don't came out with Oxford University Press in 2019 and was the subject of a symposium issue in the journal Jurisprudence.
Prof Sarch served as Head of School at University of Surrey School of Law from August 2018 to October 2021. He received his JD from University of Michigan Law School, his PhD in Philosophy from University of Massachusetts, Amherst, and his BA from Cornell University. Before joining Surrey, Sarch clerked on the US Court of Appeals for the Second Circuit and worked as a litigation associate at Akin Gump Strauss Hauer & Feld in New York.