-
36Legal PositivismIn Aileen Kavanagh & John Oberdiek (eds.), Arguing About Law, Routledge. pp. 153. 2013.
-
1Hart on ResponsibilityIn Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy, Oxford University Press. 2008.
-
15 Backward and Forward with Tort LawIn Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.), Law and social justice, Mit Press. pp. 255. 2005.
-
371Complicity and causalityCriminal Law and Philosophy 1 (2): 127-141. 2007.This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency
-
70On the general part of the criminal lawIn R. A. Duff (ed.), Philosophy and the Criminal Law: Principle and Critique, Cambridge University Press. pp. 205--256. 1998.
-
1Law s Aims in Law s EmpireIn Scott Hershovitz (ed.), Exploring law's empire: the jurisprudence of Ronald Dworkin, Oxford University Press. 2006.
-
104Hart and Feinberg on responsibilityIn Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy, Oxford University Press. 2008.Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.
-
137The Mark of ResponsibilityOxford Journal of Legal Studies 23 (2): 157-171. 2003.This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the courtroom t…Read more
-
110Review of Douglas Husak, Overcriminalization: The Limits of the Criminal Law (review)Notre Dame Philosophical Reviews 2008 (8). 2008.
-
224Desert and Avoidability in Self-DefenseEthics 122 (1): 111-134. 2011.Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that …Read more
-
325Christopher Kutz, Complicity: Ethics and Law for a Collective Age:Complicity: Ethics and Law for a Collective AgeEthics 114 (4): 827-830. 2004.
-
85Torts and Other WrongsOxford University Press. 2019.This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
-
74Destined for the Cardozo Law Review. Posted 28 November 2006.
-
138Wrongdoing by results: Moore's experiential argument: Wrongdoing by resultsLegal Theory 18 (4): 459-471. 2012.Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the “experiential argument.” In this comment I attempt to analyze Moore's “experiential argument” in some detail and thereby to bring out why it doe…Read more
-
78Relations of responsibilityIn Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, punishment, and responsibility: the jurisprudence of Antony Duff, Oxford University Press. pp. 87--102. 2011.