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Speech Codes and Expressive HarmIn Hugh LaFollette (ed.), Ethics in practice: an anthology, Wiley. 2014.
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328Breathing life into a dead argument: G.e. Moore and the open question (review)Philosophical Studies 117 (3): 395-408. 2004.A century after its publication, G.E. Moore''sPrincipia Ethica stands as one of theclassic statements of anti-naturalism inethics. Moore claimed that the most basic ethicalproperties were denoted by `good'' and `bad'' andthat all naturalist accounts of thoseproperties were inadequate. His open-questionargument aimed to refute any proposedidentification of good with some naturalproperty, and Moore concluded from theargument that good must be a nonnaturalproperty.The received view is that the open…Read more
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74Targeted Killings: Law and Morality in an Asymmetrical WorldOxford University Press. 2012.The controversy surrounding targeted killings represents a crisis of conscience for policymakers, lawyers, philosophers and leading military experts grappling with the moral and legal limits of the war on terror. The book examines the legal and philosophical issues raised by government efforts to target suspected terrorists without giving them the safeguards of a fair trial.
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112A liberal theory of international justiceOxford University Press. 2009.This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legit…Read more
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199Review of Mari J. Matsuda: Words That Wound: Critical Race Theory, Assaultive Speech, and the First Amendment. (review)Ethics 106 (1): 211-213. 1995.
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95Buchanan, Allen. Human Rights, Legitimacy, and the Use of Force.Oxford: Oxford University Press, 2010. Pp. 332. $74.00 (cloth) (review)Ethics 121 (3): 647-651. 2009.
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52Targeted Killing: A Legal and Political History, Markus Gunneflo, 290 pp., $110 clothEthics and International Affairs 31 (1): 103-105. 2017.
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126The Persistent Fiction of Harm to HumanityEthics and International Affairs 20 (3): 367-372. 2006.
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Justice: Critical Legal Theory: No Dogs or Philosophers AllowedDVD. forthcoming.What makes the law the Law? Are the rules set by society based on immutable truths and forms of nature, or are they more like an evolving draft of guidelines for human conduct? Is the law the product of disinterested reason, or do the critical legal theorists have a point when they trace the shape of the law to the centers of power in our society? With Mark Tushnet, Andy Altman, and Jude Dougherty
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135Arguing about Law: An Introduction to Legal PhilosophyCengage Learning. 2001.Using the rule of law as its main theme, this text shows how abstract questions and concepts of legal philosophy are connected to concrete legal, political, and social issues. The text addresses several modern controversies and challenges students to consider both sides of an argument, using sound, reasoned thinking.
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166Critical Legal Studies: A Liberal Critique (edited book)Princeton University Press. 1990.In this first book-length liberal reply to CLS, Andrew Altman systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of the CLS argument against liberalism.
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683The Right to Get Turned On: Pornography, Autonomy, EqualityIn Andrew I. Cohen & Christopher Heath Wellman (eds.), Contemporary Debates in Applied Ethics, Wiley-blackwell. pp. 22--307. 2014.
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228The Deontological Defense of Democracy: An Argument From Group RightsPacific Philosophical Quarterly 89 (3): 279-293. 2008.Democracy is regularly heralded as the only form of government that treats political subjects as free and equal citizens. On closer examination, however, it becomes apparent that democracy unavoidably restricts individual freedom, and it is not the only way to treat all citizens equally. In light of these observations, we argue that the non‐instrumental reasons to support democratic governance stem, not from considerations of individual freedom or equality, but instead from the importance of res…Read more
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76Justice, Epistemology and Ethical CompromiseBowling Green Studies in Applied Philosophy 4 99-110. 1982.
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254Democratic self-determination and the disenfranchisement of felonsJournal of Applied Philosophy 22 (3). 2005.
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213Policy, principle, and incrementalism: Dworkin's jurisprudence of race (review)The Journal of Ethics 5 (3): 241-262. 2001.For several decades, Ronald Dworkinhas been one of the most prominent voicesdefending the legality and justifiability ofrace-conscious programs aimed at undoing thecontinuing effects of prejudice. Writingwithin the framework of a liberal legalphilosophy, he has formulated powerfularguments against the view that color-blindpolicies are the only defensible ones. Nonetheless, I argue that a more completeliberal defense of race-conscious policieswould need to develop and modify Dworkin's lineof argu…Read more
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139Freedom of Expression and Human Rights Law: The Case of Holocaust DenialIn Ishani Maitra & Mary Kate McGowan (eds.), Speech and Harm: Controversies Over Free Speech, Oxford University Press. pp. 24-49. 2012.This chapter critically examines the jurisprudence of free expression under human rights law and American constitutional doctrine, focusing on the issue of Holocaust denial. It is argued that legal prohibitions aimed at Holocaust denial are unjustifiable in any existing liberal state. The argument hinges on a revised form of a doctrine at the heart of a key American free speech case, _Brandenburg v. Ohio_. The revised _Brandenburg_ doctrine holds that speech ought not to be prohibited, regardles…Read more
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