•  58
    Critical Legal Theory and the Challenge of Feminism: A Philosophical Reconception (edited book)
    Rowman & Littlefield Publishers. 1994.
    Critical Legal Theory and the Challenge of Feminism provides both a thorough overview and a refinement of the ideas that underlie critical legal theory. Arguing with the rigor of analytic philosophy and the alertness to paradoxes characteristic of deconstructive philosophy, Matthew Kramer begins by exploring the tangled relations between metaphysics and politics. He then attempts to transform the discourses of the critical legal studies movement by laying out a framework of five general themes: …Read more
  •  63
    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.
  •  147
    Objectivity and the Rule of Law
    Cambridge University Press. 2007.
    What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number of distin…Read more
  •  183
    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.
  •  184
    Legal and moral obligation
    In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory, Wiley-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.
  •  177
    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
  •  91
    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
  •  108
    The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts
  •  119
    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.
  •  32
    Retributivism in the Spirit of Finnis
    In John Keown & Robert P. George (eds.), Reason, morality, and law: the philosophy of John Finnis, Oxford University Press. pp. 167. 2013.
  •  243
    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