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145Moral Rights and the Limits of the Ought‐Implies‐Can Principle: Why Impeccable Precautions are No ExcuseInquiry: An Interdisciplinary Journal of Philosophy 48 (4). 2005.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
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4In the realm of legal and moral philosophy: critical encountersSt. Martin's Press. 1999.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
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145What 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
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39God, Greed, and Flesh: Saint Paul, Thomas Hobbes, and the Nature/Nurture DebateSouthern Journal of Philosophy 30 (4): 51-66. 1992.
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13The 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.
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17Rights, 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.
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98Objectivity and the Rule of LawCambridge 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
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301Freedom: 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
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20Why The Axioms and Theorems of Arithmetic are not Legal NormsOxford Journal of Legal Studies 27 (3): 555-562. 2007.Ronald Dworkin has long criticized legal positivists for their efforts to distinguish between legal and non-legal standards of conduct that are incumbent on people. Recently, Dworkin has broached this criticism in his hostile account of the debates between Incorporationist Legal Positivists and Exclusive Legal Positivists. Specifically, he has maintained that Incorporationists cannot avoid the unpalatable conclusion that the axioms and theorems of arithmetic are legal norms. This article shows w…Read more
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101The Purgative Rationale for the Death Penalty: Replies to Steiker and DanaherCriminal Law and Philosophy 9 (2): 379-394. 2015.This article defends my 2011 book “The Ethics of Capital Punishment” against the thoughtful critiques written by Carol Steiker and John Danaher respectively. It does not attempt to respond to every point of contention in the two critiques, but concentrates instead on a few of the main points from each of them
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2Freedom and the rule of lawIn Jerzy Stelmach & Bartosz Brożek (eds.), The normativity of law, Copernicus Center Press. 2011.
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51Scrupulousness Without Scruples: A Critique of Lon Fuller and His DefendersOxford Journal of Legal Studies 18 (2): 235-263. 1998.Lon Fuller is best known among legal philosophers for his efforts to highlight the intrinsically moral nature of law. To show that his efforts come to nought, the present essay ponders not only the ideas advanced by Fuller himself, but also some of the defences of him that have been mounted in recent years. Those defences centre on his notion of reciprocity, according to which the officials in a genuine legal system have effectively undertaken to respect die confines of the mandates which they a…Read more
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18Retributivism in the Spirit of FinnisIn John Keown & Robert P. George (eds.), Reason, morality, and law: the philosophy of John Finnis, Oxford University Press. pp. 167. 2013.
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21A Debate over RightsMind 109 (436): 954-956. 2000.The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and …Read more
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137Moral Realism as a Moral DoctrineWiley-Blackwell. 2009.In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting the grounds…Read more
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7Hobbes and the paradoxes of political originsSt. Martin's Press. 1997.This book expounds an analytical method that focuses on paradoxes - a method originally associated with deconstructive philosophy, but bearing little resemblance to the interpretive techniques that have come to be designated as 'deconstruction' in literary studies. The book then applies its paradox-focused method as it undertakes a sustained investigation of Thomas Hobbe's political philosophy. Hobbes's theory of the advent and purpose of government turns out to reveal the impossibility of the v…Read more
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14Throwing light on the role of moral principles in the law: Further reflectionsLegal Theory 8 (1): 115-143. 2002.
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10Contents Versus Existence-Conditions: A Brief Reply to John MorssAmerican Journal of Jurisprudence 53 (1): 101-103. 2008.
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62Reason Without Reasons: A Critique of Alan Gewirth's Moral PhilosophySouthern Journal of Philosophy 34 (3): 301-315. 2010.
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28Of final things: Morality as one of the ultimate determinants of legal validity (review)Law and Philosophy 24 (1): 47-97. 2004.
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52Crime, punishment, and responsibility: the jurisprudence of Antony Duff (edited book)Oxford University Press. 2011.This volume collects essays by leading criminal law theorists to explore the principal themes in his work.
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42Michael Moore on Torture, Morality, and LawRatio Juris 25 (4): 472-495. 2012.During the past few decades, Michael Moore has written incisively on an array of matters concerning the relationships between law and morality. While reflecting on those relationships, he has plumbed the nature of morality itself in impressive depth. Among the topics which he has addressed, the problem of torture has been prominent and controversial. It is a problem, moreover, that has led to some of his most searching enquiries into the character of moral obligations. In the present essay I tak…Read more
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In Defense of Legal Positivism: Law without TrimmingsPhilosophical Quarterly 50 (200): 422-425. 2000.
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71The Quality of FreedomOxford University Press. 2008.In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.