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6Michael D. Bayles, Hart's Legal Philosophy: An Examination Reviewed byPhilosophy in Review 14 (4): 234-235. 1994.
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6Free Expression: Essays in Law and PhilosophyClaredon Press. 1994.This is a collection of essays based on papers read at a conference on freedom of expression held at McMaster University in May, 1990. Its contributors are philosophers and lawyers, each of whom brings his unique perspective to bear on issues surrounding the justification of free expression and the bases, both legal and moral, for restricting or broadening its scope. Joseph Magnet, Wayne Sumner, and James Weinstein discuss legal attempts in America and Canada to restrict hate literature, while D…Read more
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6Lessons from HartProblema. Anuario de Filosofía y Teoria Del Derecho 1 (5): 363-383. 2011.In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligati…Read more
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6A Common Law Theory of Judicial ReviewProblema. Anuario de Filosofía y Teoria Del Derecho 1 (1): 117-139. 2007.Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que…Read more
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5Legality, morality, and the guiding function of lawIn Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy, Oxford University Press. 2008.
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4Rosemary Pattenden, The Judge, Discretion, and the Criminal Trial Reviewed by (review)Philosophy in Review 4 (5): 217-219. 1984.
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2Lessons from HartProblema 5 363-383. 2012.In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligati…Read more
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2Business Ethics in Canada (edited book)Prentice Hall. 1987.This distinctively Canadian text provides the reader with timely, up-to-date, theoretical, empirical and legal material on issues of relevance to ethicists in Canada today. The format is clear, accessible and user-friendly.
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2Joel Feinberg, Harm To Others: The Moral Limits of the Criminal Law Reviewed by (review)Philosophy in Review 5 (6): 246-249. 1985.
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1H. L. A. Hart: Supervisor, Mentor, Friend, InspirationProblema. Anuario de Filosofía y Teoria Del Derecho 1 (5): 3-10. 2011.
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1Constitutional Rights and the Possibility of Detached Constitutional InterpretationProblema 9 23-52. 2015.In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional interpretation and review…Read more
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1A Common Law Theory of Judicial Review: The Living TreeCambridge University Press. 2006.In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democ…Read more
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The origins of inclusive legal positivismIn Torben Spaak (ed.), The Cambridge Companion to Legal Positivism, Cambridge University Press. 2021.
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Rosemary Pattenden, The Judge, Discretion, and the Criminal Trial (review)Philosophy in Review 4 217-219. 1984.
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Professor Weinrib on Corrective JusticeIn S. Panagiotou (ed.), Justice, Law and Method in Plato and Aristotle. pp. 153-159. 1987.
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Constitutional Rights and Democracy: A Reply to Professor BellamyGerman Law Journal 14 1039-1051. 2013.In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that…Read more
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In Pursuit of Pragmatic Legal TheoryCanadian Journal of Law and Jurisprudence 15 (1): 125-150. 2002.A critical review of Jules Coleman's The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory. Coleman's book has two principal objectives: to defend both Inclusive Legal Positivism and Coleman's influential views on the role of corrective justice in explaining tort law; and to show how philosophical pragmatism can usefully be employed in defending such views. In this article I both outline and critique the main elements of Coleman's book. I also explore ways in which some …Read more
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Defeasibility and legal positivismIn Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility, Oxford University Press. 2012.
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Il positivismo giuridico e la natura dei diritti costituzionaliEdizioni scientifiche italiane. 2018.
Hamilton, Ontario, Canada
Areas of Interest
Philosophy of Law |