The Procedural Nature of Moral Standing

Abstract Norms of standing are puzzling. Your friend asks you for a favor. In the past, that same friend has failed to grant you similar requests. It seems that under such conditions, you are allowed to disregard your friend’s request as a reason for granting it, on the grounds that he lacked standing to make the request. Yet, given that friends’ requests are reason-giving, your license to disregard that (valid) reason is mysterious. We aim to dispel this sense of mystery by conceptualizing standing norms as procedural norms. Procedural norms are second-order (outcome-neutral) norms about how to engage with other norms. And norms of standing are a particular type of procedural norm, namely procedural exclusionary permissions. More generally, understanding standing norms as part of the “procedural branch” of morality exemplifies how the interplay between substance and procedure can clarify and demystify certain puzzles of moral discourse.

Authors

Institutions

Publication Details

Journal
Legal Theory
Published
2025-03-01
DOI
https://doi.org/10.1017/s1352325225000084
Primary Topic
Free Will and Agency
Type
article
Field-Weighted Citation Impact
0.00

Funders

Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Procedural Nature of Moral Standing

Ori J. Herstein, Ofer Malcai
Legal Theory
Free Will and Agency
article

The Procedural Nature of Moral Standing

Ori J. Herstein, Ofer Malcai
article en

Abstract

Abstract Norms of standing are puzzling. Your friend asks you for a favor. In the past, that same friend has failed to grant you similar requests. It seems that under such conditions, you are allowed to disregard your friend’s request as a reason for granting it, on the grounds that he lacked standing to make the request. Yet, given that friends’ requests are reason-giving, your license to disregard that (valid) reason is mysterious. We aim to dispel this sense of mystery by conceptualizing standing norms as procedural norms. Procedural norms are second-order (outcome-neutral) norms about how to engage with other norms. And norms of standing are a particular type of procedural norm, namely procedural exclusionary permissions. More generally, understanding standing norms as part of the “procedural branch” of morality exemplifies how the interplay between substance and procedure can clarify and demystify certain puzzles of moral discourse.

Legal TheoryVol. 31(1)
Hebrew University of Jerusalem (IL)
Israel Science Foundation
Openalex Percentile: Top 89%
Free Will and Agency
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

The Procedural Nature of Moral Standing — Ori J. Herstein, Ofer Malcai · Legal Theory (2025) | TGRS Research Map | TGRS