•  8
    Liberalism with Excellence
    Oxford University Press. 2017.
    During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requireme…Read more
  •  1
    Justice as Constancy
    Law and Philosophy 16 (6): 561-580. 1997.
  •  6
    RÉSUMÉ: Les philosophes, au cours des cinquante dernières années, se sont efforcés de démontrer qu’un professeur peut, d’une manière cohérente et exacte, annoncer à ses étudiants qu’un examen surprise aura lieu lors d’une journée non spécifiée d’une période donnée, le problème étant qu’une telle annonce peut sembler s’annuler ellemême lorsqu’elle est soumise à une induction régressive. Deux grandes approches, l’une épistémique et l’autre logique, one été développées à ce propos. Le présent artic…Read more
  •  29
  •  8
    Legal Theory, Political Theory, and Deconstruction: Against Rhadamanthus
    with Professor of Legal and Political Philosophy Matthew H. Kramer
    . 1991.
  • Essere liberi senza avere scelta
    Filosofia Oggi 8 (1): 51. 2003.
  •  257
    Liberty and domination
    In Cécile Laborde & John W. Maynor (eds.), Republicanism and Political Theory, Blackwell. pp. 31--57. 2003.
  •  3
    Our longest lie
    Philosophy Today 37 (1): 89-109. 1993.
  •  45
    RÉSUMÉ: Les philosophes, au cours des cinquante dernières années, se sont efforcés de démontrer qu’un professeur peut, d’une manière cohérente et exacte, annoncer à ses étudiants qu’un examen surprise aura lieu lors d’une journée non spécifiée d’une période donnée, le problème étant qu’une telle annonce peut sembler s’annuler ellemême lorsqu’elle est soumise à une induction régressive. Deux grandes approches, l’une épistémique et l’autre logique, one été développées à ce propos. Le présent artic…Read more
  •  102
    During the past few decades, Quentin Skinner has been one of the most prominent critics of the ideas about negative liberty that have developed out of the writings of Isaiah Berlin. Among Skinner?s principal charges against the contemporary doctrine of negative liberty is the claim that the proponents of that doctrine have overlooked the putative fact that people can be made unfree to refrain from undertaking particular actions. In connection with this matter, Skinner contrasts the present-day t…Read more
  •  38
    Supervenience As an Ethical Phenomenon
    American Journal of Jurisprudence 50 (1): 173-224. 2005.
    All or virtually all moral philosophers agree that moral properties supervene on natural properties; that is, two actions or situations cannot differ in their moral properties unless there are differences in their natural properties that account for the moral difference between them. Virtually all moral philosophers also believe that supervenience is a conceptual or logical feature of moral discourse and judgments. While accepting that supervenience is a fundamental feature of morality, this ess…Read more
  •  22
    Each of these two volumes grew out of what was originially intended to be a single chapter in a larger study of seventeenth-century liberalism. Although there is a strong degree of stylistic and methodological continuity between the two, neither book presupposes any familiarity with the other. I will therefore consider them separately.
  •  6
    No Better Reasons: A Reply to Alan Gewirth
    with Nigel E. Simmonds
    Southern Journal of Philosophy 36 (1): 131-139. 2010.
  •  79
    Legal and moral obligation
    In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory, Blackwell. pp. 179--190. 2004.
    This chapter contains section titled: The Obligation‐to‐Obey‐the‐Law What the Law Claims Matters of Form References Further Reading.
  •  78
    Theories of Rights: Is There a Third Way?
    Oxford Journal of Legal Studies 27 (2): 281-310. 2005.
    Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of ri…Read more
  •  53
    How moral principles can enter into the law
    Legal Theory 6 (1): 83-108. 2000.
    In recent times, especially in the pages of this journal, the debate between the proponents of the two principal species of legal positivism has gained new vigor. Specifically, some champions of Exclusive Legal Positivism have sophisticatedly challenged the Inclusive Legal Positivists’ claim that moral principles can figure among the criteria by which the officials of a legal system ascertain the law. The present essay attempts to parry the most formidable of those recent challenges. 1
  •  13
    Dogmas and Distortions: Legal Positivism Defended
    Oxford Journal of Legal Studies 21 (4): 673-701. 2001.
    In a recent full‐length review of Matthew Kramer's In Defense of Legal Positivism, David Dyzenhaus has attacked legal positivists' accounts of adjudication and their views of the relationship between law and morality. The present essay defends legal positivism against his strictures, by arguing that he has misunderstood specific texts and the general lines of enquiry which the positivists pursue
  •  1
    On the Separability of Law and Morality
    Canadian Journal of Law and Jurisprudence 17 (2): 315-335. 2004.
    If there is one doctrine distinctively associated with legal positivism, it is the separability of law and morality. Both in opposition to classical natural-law thinkers and in response to more recent theorists such as Ronald Dworkin and Lon Fuller, positivists have endeavored to impugn any number of ostensibly necessary connections between the legal domain and the moral domain. Such is the prevailing view of legal positivism among people familiar with jurisprudence. During the past couple of de…Read more
  •  39
    This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.
  •  135
    This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights can occur even when no…Read more
  •  137
    What Is Legal Philosophy?
    Metaphilosophy 43 (1-2): 125-134. 2012.
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the id…Read more
  •  3
    In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorizing as he examines the writings of numerous major theorists (including Ronald Dworkin, H. L. A. Hart, Alan Gewirth, David Lyons, Ronald Coase, John Finnis, Jules Coleman, Anthony Kronman, and Richard Posner). While Kramer argues with the rigor that is the hallmark of the tradition of analytic philosophy, his inquiri…Read more
  •  7
    The legacy of H.L.A. Hart: legal, political, and moral philosophy (edited book)
    Oxford University Press. 2008.
    This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.
  •  14
    Rights, wrongs, and responsibilities (edited book)
    Palgrave. 2001.
    In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.
  •  35
    Coming to grips with the law
    Legal Theory 5 (2): 171-200. 1999.
  •  292
    Freedom: a philosophical anthology (edited book)
    Blackwell. 2007.
    Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contrib…Read more