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John Gardner
(1965 - 2019)

PhD: University of Oxford
  •  Home
  •  Publications
    52
    • Most Recent
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    • Topics
  •  Events
    6
  •  News and Updates
    25

 More details
  • University of Oxford
    Faculty of Law, University College
    Regular Faculty
University of Oxford
Faculty of Philosophy
DPhil, 1994
Homepage
Areas of Interest
Normative Ethics
Philosophy of Law
Social and Political Philosophy
  • All publications (52)
  •  36
    Legal Positivism
    In Aileen Kavanagh & John Oberdiek (eds.), Arguing About Law, Routledge. pp. 153. 2013.
    Legal Positivism
  •  1
    Hart on Responsibility
    In Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy, Oxford University Press. 2008.
    Punishment in Criminal Law
  • 15 Backward and Forward with Tort Law
    with Torts as Wrongs
    In Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.), Law and social justice, Mit Press. pp. 255. 2005.
    Torts
  •  371
    Complicity and causality
    Criminal 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
    Punishment in Criminal Law
  •  131
    Some types of law
  •  70
    On the general part of the criminal law
    In R. A. Duff (ed.), Philosophy and the Criminal Law: Principle and Critique, Cambridge University Press. pp. 205--256. 1998.
    Punishment in Criminal Law
  •  1
    Law s Aims in Law s Empire
    In Scott Hershovitz (ed.), Exploring law's empire: the jurisprudence of Ronald Dworkin, Oxford University Press. 2006.
    Philosophy of Law
  •  104
    Hart and Feinberg on responsibility
    In 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.
    Punishment in Criminal Law
  • Action and Value in Criminal Law
    with Stephen Shute and Jeremy Hor
    Law and Philosophy 15 (1): 81-87. 1996.
    Philosophy of LawCriminal Law
  •  137
    The Mark of Responsibility
    Oxford 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
    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 trial
    Value TheoryMoral ResponsibilityControl and Responsibility
  •  110
    Review of Douglas Husak, Overcriminalization: The Limits of the Criminal Law (review)
    Notre Dame Philosophical Reviews 2008 (8). 2008.
    Punishment in Criminal Law
  •  953
    LEGAL POSITIVISM: 5 1/2 MYTHS
    American Journal of Jurisprudence 46 (1): 199-227. 2001.
    The Nature of Law and Legal Systems
  • I-egal Positivism: 5 Vi Myths
    American Journal of Jurisprudence. forthcoming.
    The Nature of Law and Legal Systems
  •  224
    Desert and Avoidability in Self-Defense
    with François Tanguay-Renaud
    Ethics 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
    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 recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise.
    Value TheoryDesert and Distributive Justice
  •  325
    Christopher Kutz, Complicity: Ethics and Law for a Collective Age:Complicity: Ethics and Law for a Collective Age
    Ethics 114 (4): 827-830. 2004.
    Punishment in Criminal Law
  •  85
    Torts and Other Wrongs
    Oxford 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.
    Torts
  •  74
    Prohibiting immoralities
    Destined for the Cardozo Law Review. Posted 28 November 2006.
    Punishment in Criminal Law
  •  291
    Law and morality
    In John Skorupski (ed.), The Routledge Companion to Ethics, Routledge. 2012.
    Philosophy of Law
  •  70
    Human disability
    with Timothy Macklem
    Draft, not yet submitted for publication. Posted 12 February 2008.
  •  138
    Wrongdoing by results: Moore's experiential argument: Wrongdoing by results
    Legal 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
    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 does not help. In the process I raise some problems about the rationality of the emotions, which may be where Moore and I part company. We both believe that emotions should be taken more seriously by moral philosophy. But apparently we have radically different views about what this means.
    Philosophy of LawPhilosophy of Law, Miscellaneous
  •  78
    Relations of responsibility
    In 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.
    Punishment in Criminal Law
  •  312
    Nearly Natural Law
    American Journal of Jurisprudence 52 (1): 1-23. 2007.
    The Nature of Law and Legal Systems
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