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In Memoriam: Joseph Raz (1939-2022) (Updated)

MOVING TO FRONT–ORIGINALLY POSTED MAY 2, MANY NEW UPDATES

After H.L.A. Hart (his teacher), Raz was the most important figure in Anglophone legal philosophy, and also made significant contributions to political and moral philosophy.  During his long tenure at Oxford, he trained many other legal philosophers, including John Gardner, Leslie Green, Andrei Marmor, Denise Reaume, Julie Dickson, Brian Bix, and Scott Shapiro, among others.   I will write more and add links later today.  As it happens, I am teaching his seminal paper "Authority, Law, and Morality" in jurisprudence this very day.

SOME MORE:   Raz's three most important books were Practical Reason and Norms (1975), The Authority of Law (1979), and The Morality of Freedom (1986).  Many entries at the Stanford Encyclopedia of Philosophy discuss Raz's views:  his argument for exclusive legal positivism; perfectionism (and generally); and obligations and reasons.  A concern with the nature and kinds of reasons runs throughout his work, and figures, for example, in the paper I mentioned I'm teaching today (authoritative directives give exclusionary reasons for acting, and since all law claims authority, law must satisfy certain non-normative prerequisites for claiming authority…which rules out the inclusive positivism that Hart endorsed in the "Postscript" to The Concept of Law.)   Although much indebted to Hart, Raz explicitly rejected both Hart's naturalism and his skepticism about the objectivity of evaluative judgments.  (I'm with Hart, not Raz on this issue!)  My former student Michael Sevel (Sydney) is finishing the first comprehensive treatment of Raz's entire philosophy for OUP, which shall shed new light on the deep connections between his work in moral, political, and legal philosophy.

I'll add some more personal recollections later.  Readers are welcome to do the same in the comments.  (Submit comments only once, they may take awhile to appear, given my schedule today.)

ANOTHER:  Despite some debilitating health problems the last few years, Raz continued doing philosophical work.  His most recent book just appeared this past February, edited by his former student, the moral philosopher Ulrike Heuer (UCL).

SOME PERSONAL RECOLLECTIONS:  I first met Joseph in the summer of 1995 at Oxford, at an informal conference organized by Oxford and University of Southern California.  I presented some of my work on American legal realism.  Having never met him before, and being a youngster, I was rather taken aback by the aggressive nature of his questioning (and I had gone to Michigan, the place where students would sometimes cry in seminar!).   There was no hostility in Raz's style of questions, but he also had no "bedside manner."  While surprised (having never engaged with him before), I didn't mind, and the questions helped me clarify and revise the paper.  I held my own well enough, I guess, that John Gardner, who was also there, asked me to review Neil Duxbury's philosophically feeble Patterns of American Jurisprudence for Oxford Journal of Legal Studies.


On the same occasion, Raz hosted a reception at his house, and there was the other side of Joseph:  very warm, mild, friendly, and enjoying a good laugh or story.   This was almost always true of Joseph:  outside the seminar room, he was a pussycat; in the seminar room he was a soft-spoken saber-toothed tiger.

As Alon Harel notes in comments, below, Joseph was not prone to compliments:  in matters philosophical, he was "all business."  It was thus very memorable for me when, at the 2nd annual Analytic Legal Philosophy conference at Columbia Law School in 1997, Raz told me he liked my paper on "Objectivity, Morality, and Adjudication."  (It probably helped that, like almost everyone else in legal philosophy, he found Dworkin's views perplexing.)   A decade or so later, he invited me to the seminar he ran at Columbia on legal philosophy to present a version of "Explaining Theoretical Disagreement".   That seminar helped improve the paper, but again, most memorable to me, was that he thought my error theoretic interpretation of theoretical interpretation was, in fact, Hart's view.

Joseph and his partner Penelope Bulloch, had a lovely flat in Marylebone, London, where I visited him on a couple of occasions.  As he joked, it was the flat Columbia's salary allowed him to buy (after he began teaching part-time at Columbia Law School).   His flat featured, as I recall, many of his photographs, some of which also grace various books.  There was also a nearby Swedish restaurant he particularly liked, and where they liked him.  

Although we had occasional correspondence, the last time I saw Joseph was in fall 2017 at Columbia Law School when I gave a talk on academic freedom.  Joseph was mostly sympathetic to what I had to say, but thought it a problem that on my Humboldtian account of academic freedom, it applied only indirectly to students.   I disagreed with Raz about this, but it certainly reflects his deep devotion to his students that he thought academic freedom had to encompass even those who were not yet masters of a discipline.

I feel very fortunate to have known Joseph Raz, not just intellectually, but also personally.  Mortality be damned!

ANOTHER:   A tribute from a few years ago by his former student Timothy Macklem (emeritus, King's College, London).

A MEMORIAL NOTICE from the Oxford philosophy faculty.

STILL MORE:  The memorial notice from Columbia Law Schoool, as well as a briefer one from the Oxford law faculty.

ANOTHER MEMORIAL from King's College, London.

IN ADDITION:   A memorial notice from the Criminal Justice Theory Blog, with particular attention to his impact on criminal law theory through students like John Gardner.

MORE:   An obituary by Jeremy Waldron at The New Statesman.

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11 responses to “In Memoriam: Joseph Raz (1939-2022) (Updated)”

  1. Joseph (Yosef) Raz: Personal notes

    Joseph Raz passed away today. I wanted to describe in a few personal words the guidance I received from him.

    In German the supervisor of a doctorate is called Doktorvater (the father of the doctorate). This name fit perfectly with the nature of Joseph's supervision. When I arrived in Oxford in 1985 I met him in his beautifully exceptionally neat office. Joseph informed me that he expects to receive a paper from me every week or at most two weeks. The days were pre-e-mail days. Even the primitive word-processor I used was a real technological innovation. I printed the papers and delivered them to his office.

    Joseph did not waste time on giving compliments. On the first meeting in his office he started with what he called ‘terminological remarks.’ These remarks lasted about an hour in which he thoroughly scrutinized each and every term I used and exposed why these terms should never be used. At this point when I was half conscious and without warning he said as following: "And now on page 13 a disaster is happening." The disaster was my failed attempt to develop an argument whose assumptions were too reckless. Then began another monologue that lasted about two hours in which Joseph made it clear to me that not only was my argument invalid and that its assumptions were false but the assumptions I made would inevitably lead to the opposite conclusion from the one I was trying to defend.

    Readers will surely understand that it was not easy to work with Joseph. I knew at least two people who started working with Joseph and abandoned the doctoral project and there were others as well. At the same time, there were very many who worked with Joseph and who set up what could be called a "support group of Raz's doctoral students" sharing with each other the difficulties of working with him. Oxford had at the time may superstars in the field of moral and political philosophy: Derek Parfit, Ronald Dworkin, Amartya Sen, Jerry Cohen and of course Jospeph Raz, Jerry Cohen and Joseph were extremely popular supervisors as both of them were highly committed to their students. Unlike many others in the academy of then and today (including some followers of Joseph) there was no trace of arrogance in Joseph, but a genuine belief in the power of reason to discover the truth. He had a real curiosity and lust to find the truth alongside an uncompromising willingness to seek it through the use of reason.

    Intellectually Joseph established a new school in political theory: the Razian school. Many of his disciples walked along the paved paths which he paved. Yet there was also a real commitment in him even to perverse students like me who betrayed the instrumentalist rationalist Razian camp towards the darkness of neo-Kantianism.

    Let his memory be blessed

    Alon Harel

  2. Robert C Hockett

    Very moving, Alon – many thanks (and hope you are well). I worked more with Jerry than with Joseph back in the day, but both often reminded me one of the other in their (a) generosity of spirit and (b) utter lack of pretension notwithstanding their eminence. It's lovely to gain here your added perspective.

  3. Christopher Morris

    I first met Joseph in the fall of 1986 which I spent in Oxford. Someone introduced us, and he invited me to lunch at a pub. We spent the time talking about my work and interests; embarrassingly, at the time I knew little of his work. Conversations with Alon Harel and Jerry Cohen made me appreciate how interesting this work was, and I started studying it. After a few years I came to my current view that his work is extraordinarily important. His understanding of authority seems right and, more controversially, I am a fan of exclusionary reasons. And his essay on national self-determination (w. Avishai Margalit) is very important (and right). His views influenced me tremendously.

    I was fortunate to have so many memorable conversations with Joseph. Sometimes walking in Oxford or following him and his cameral in Bologna, or in over a meal in New York. I think one of the last times I saw him was in Washington after a public lecture at the Library of Congress. I told him my seminar that term was on the question why be just and that the only people we were reading were Foot, Gauthier, and Raz, adding "my three favorite philosophers", to his charming bemusement.

    An extraordinary and important thinker. It's very sad to have him gone. I am forever in his debt, for his ideas and his kindness.

    Chris Morris

  4. Dean C. Rowan

    "This was almost always true of Joseph: outside the seminar room, he was a pussycat; in the seminar room he was a soft-spoken saber-toothed tiger." This is in a nutshell superior pedagogy and mentorship. Immediately it reminded me of a beloved professor in law school, Rachel Moran. I remember visiting her during office hours, when I confessed that I routinely left her 1L Torts classes with a stomach ache. She wasn't mean or disrespectful, but she was intense and uncompromising. Nevertheless, I opted to take a seminar with her, because I valued her devotion to teaching the substance in ways that urged students to examine the law from multiple perspectives. I'm happy to report she remains alive and well!

  5. I met Joseph when a grad student at Sheffield during his visit to give a seminar. Nervously, I asked him beforehand if he might join a project I was putting together and be part of the editorial board of the Journal of Moral Philosophy. He asked me to meet with him after the talk, which we did. After sitting down pints in hand, Joseph told me "the first question we must ask if is there a need for a journal like this – and the answer clearly is [long pause] yes!" As he agreed, I was able to breathe normally again. Ever since we'd been in touch either about the JMP (which he always kindly supported) and met several times, including on one invitation I gave him to speak at Newcastle. As it was his first visit, he was keen to see the city with camera in hand. Peter Jones and I spent a few days taking him through the city showing him everything from Grey's Monument to the Angel of the North – talking philosophy all the way. While razor sharp, I always found him kind and insightful. Will be sorely missed.

  6. Richard Marshall

    I interviewed him and was impressed by his response to my interview request – it kind of sums up a lot of the qialities people are wriitng about: Dear Mr. Marshall
    I'll be happy to do that, or rather to try to do that. With regard to any academic invitation there is the chance that I would end up empty handed, with nothing of substance to say. In a different way in applies to interviews as well. True they do not require new ideas, but they require the ability to deal with a question with no excessive technicalities yet without trivialising what one says, and in a short reply. Difficult. But I will try, and I am encouraged by the fact that I enjoy reading you interview when I get round to doing so. You will need to give me guidance about length.
    Yours
    Joseph Raz

    Afterwards – look at his modesty with this message (remember, he's talking to someone way out his league…) : Thank you for your excellent questions, and for your encouragement. You kind word about my answers means a lot to me.
    Joseph

    And his enthusiasm – this is his response when I told him his interview had been published in a collection of interviews by OUP : Wow! Delighted
    Joseph Raz
    We had sporadic correspondence afterwards but I never met him or anything but I think these tiny private exchanges show something about what kind of a person he was. And his interview was, as you'd expect, just brilliant and you can read it here: https://www.3-16am.co.uk/articles/from-normativity-to-responsibility-etc

  7. Robert C Hockett

    This is just delightfully affecting, Richard – warmest thanks.

  8. This is the text of my post at crooked timber (https://crookedtimber.org/2022/05/04/joseph-raz/)

    I got a text from one of my graduate students yesterday:

    You must have heard that Joseph Raz has died. Very sad. I don’t remember if I told you but I corresponded with him in December. I couldn’t believe he responded to me (a nobody) and he was very kind.

    Here’s another story. There used to be two bus routes between Oxford and London, the X90, and the Oxford Tube (run by Stagecoach, in turn owned by Brian Souter, a prominent funder of the campaign for Section 28). During the period 2000-2002 I lived in Oxford but taught in London; one of my PhD students was a politically conservative, and gay, man, who also lived in Oxford and with whom, I think he’d agree, I had a rather prickly relationship at first. Like me, he used whichever bus was more convenient until, one day, he told me that he wasn’t using the Tube any more. I asked why and he said that he was standing at a bustop with Joseph Raz the previous day, and he noticed that Raz (who he recognized from having seen him give a lecture once) let the Oxford Tube go past. My student asked him why, and Raz, who didn’t know my student at all, said, simply, that he always used the X90, however inconvenient, because he wouldn’t let Souter get hold of his money. It made a deep impression on my student, and Raz’s comment inadvertently underpinned a welcome rapprochement between us. Neither of us used the Oxford Tube after that.

    I didn’t know Raz at all well though I am sure some of our readers here did. But I did have the gift of taking a class from him shortly after I became interested in political philosophy. He was visiting USC’s Law school, and held the class, which was attended by exactly 4 people, in his office. We read The Morality of Freedom, which was maybe 2 years old at the time. It is not written in a reader-friendly way (to understated the facts), and its a real struggle to read, but working through it with the author, chapter by chapter, repaid the effort many times over. His unfriendly prose was at odds with his clear, and insightful, communication in the our discussions, in which he would patiently correct our misunderstandings, and respectfully, and kindly, listen to and think through our own ideas. I, in particular, must have seemed very naive, having only just encountered the field, but he never gave any sign of being irritated by that. That experience influenced my intellectual development greatly, and whenever I am irritated by naive questions or comments, I remind myself how kindly, and encouragingly, Raz treated me (a nobody).

  9. Elena Pribytkova

    On May 2, 2022, the most prominent legal philosopher of our time, Joseph Raz, passed away. I seldom use networks and am probably one of the last to know about the death of my dearest teacher. My great colleagues have already written about what an irreparable loss this is for legal philosophy and the academic community (see Oxford, Columbia Law School, KCL, Leiter Reports). I agree with every their word, but for me it is primarily the loss of my teacher and a wonderful person. Here are some memories of him.

    I met Joseph in 2009 at the IVR World Congress of Philosophy of Law and Social Philosophy in Peking. He came for a couple of days to deliver a plenary lecture on human rights. His approach to interpreting legal and moral nature of human rights raised many questions in my mind, which I – that time a very young researcher – wanted to ask. There was a huge queue of colleagues to the famous speaker. They wanted to introduce themselves, thank him, take a picture together, and get an autograph. When it was my turn, he asked wearily, “Where is your camera?” I replied that I did not want any photo with him, but had some questions. He was surprised: no one else seemed to have approached him with questions about his lecture that evening. Glancing at the endless line, he suggested an appointment in the rock garden in front of the conference building. Walking around, we talked for about an hour on the lecture and legal philosophy generally. I look back on this conversation as one of the most important conversations of my life; and the advice I received was perhaps the most significant for my professional development. When three years later I decided to apply for the J.S.D. program at Columbia Law School, I wrote to Joseph asking him to be my advisor if my application was successful. Surprisingly, he remembered me (although we did not communicate after the congress), gave his consent, and, as I later found out, supported my application.

    Joseph’s supervision can be characterized as a constant invisible presence in the life of a student. One could turn to him at any time and on any issue and immediately (after a few minutes or maximum a few hours) receive an answer, advice, and support. If (quite rarely) a reply came the next day, it was accompanied by an apology for the delay, as he had “too much on his plate”. I was always amazed by his excellent concentration, efficiency, and hard work. Joseph was a brilliant thinker. I spent hours preparing for our meetings like for a chess game, thinking through all the possible logical moves and potential questions. But every time he was a few moves ahead and found questions for which I did not have answers. Perhaps no one has read my works so carefully and so mercilessly (though constructively) criticized them. His concise remarks always provided a lot of food for thought. He taught me to look critically at traditional opinions, to seek my own solution, and to be professionally honest in everything. He gave me absolute freedom of research: he never pointed any directions, did not recommend any models or must-read literature. He respected my opinion, even on aspects he himself completely disagreed with. I heard from some his former students (he probably has more students than anyone else) that Joseph was a “difficult” supervisor. Though there is no reason not to believe them, my personal experience was very different. Indeed, it took some time to get used to his style of work – he was an extraordinary person and supervisor. However, I came to know him as an attentive, honest, kind, polite, benevolent, understanding, and caring supervisor. During my J.S.D. studies, I developed a habit of asking myself “What would Joseph say about this?” Even years after my defense, I have never stopped asking this question.

    Joseph had his unique teaching style. His seminars on legal philosophy at Columbia Law School enjoyed great popularity. An auditorium was full of students from various departments at Columbia University and other universities in New York, especially NYU, as well as guest researchers from all over the world. He invited to his seminars brilliant philosophers, both experienced and young, whose papers were scrupulously discussed, first in class, and then with the authors themselves. Always having his own non-trivial point of view, he provoked vivid debates, during which he expressed special interest and appreciated the most those ideas which were differed from his own. He often smashed opponent’s position to smithereens; but not always. He saw his task not in teaching his approach or conception, but in cultivating a taste for what he considered to be good philosophy and stimulating students’ independent philosophical thinking. I know from other participants that he made time for everyone to meet, read, and discuss their research work. A very nice part of his seminar was a reception in his apartment, with good music and drinks, which always lasted past midnight and where he served as hospitable host and liked to ask students about their lives.

    He was a very delicate, sincere, and keenly feeling the pulse of time person. He was a great connoisseur of music, cinema, theater, and visual art. With great pleasure he indulged in lively discussions of recent concerts, movies, stage productions, classical music and performers. I learned a lot from our conversations about Tarkovsky, Bach, Glenn Gould and Sviatoslav Richter; our dispute about Sergei Rachmaninov as a pianist almost led to a quarrel. Joseph was an excellent photographer (covers of his books are decorated with his own amazing pictures). The first test that I, as his new student, had to pass was to find among the numerous photographs in his apartment in New York three works that did not belong to him. I wonder what would happen if I failed this test?

    I still cannot believe that Joseph is no longer with us. I am empty, hurt, and very sad. I have to realize and learn to live without his constant invisible presence. It seems to me, however, that the habit of asking myself, “What would Joseph say about this?” can hardly be eliminated.

    Goodbye my dear teacher! May your soul find both light and peace.

  10. Elena,

    This moving account of your relationship with Joseph most accurately captures my own experience as Joseph’s student, as well as that of so many others, I’m sure. Thank you for sharing. It means a lot.

  11. Elena Pribytkova

    Thank you very much, Ori!

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