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8Opportunistic Breach of ContractCanadian Journal of Law and Jurisprudence 37 (1): 199-230. 2024.Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and pro…Read more
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The nature of legal obligationIn Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaić (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues, Hart Publishing. 2018.
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Protestant interpretation, conventions, and legal truthIn Thomas da Rosa de Bustamante & Thiago Lopes Decat (eds.), Philosophy of law as an integral part of philosophy: essays on the jurisprudence of Gerald J. Postema, Hart Publishing, an Imprint of Bloomsbury Publishing. 2020.
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Reasoning within and about (legal) practicesIn Thomas da Rosa de Bustamante & Margaret Martin (eds.), New essays on the Fish-Dworkin debate, Hart Publishing, an Imprint of Bloomsbury Publishing. 2023.
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14Natural Law TheoryIn Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Blackwell. 1996.This chapter contains sections titled: Traditional Natural Law Theory Modern Natural Law Theory Conclusion References.
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19Is There a Right of Freedom of Expression? - by Larry Alexander (review)Philosophical Books 48 (3): 285-286. 2007.
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266H. L. A. Hart and the "open texture" of languageLaw and Philosophy 10 (1). 1991.H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was…Read more
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Legal philosophy in AmericaIn Cheryl Misak (ed.), The Oxford handbook of American philosophy, Oxford University Press. 2008.
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16Alf Ross on the Nature of LawRatio Juris 36 (1): 61-71. 2023.In his work, On Law and Justice, Alf Ross sought to explain law in scientific/empirical terms, in terms that would require no recourse to what he called “metaphysics” or “idealism.” The result is a sort of translation of legal rules and official actions into propositions of behavior, predictions of behavior, and shared ideology. The present work raises questions about the tensions within Ross's work(s), and discusses the places where Ross's analysis seems to fall short of its ambitions. In the c…Read more
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4The Nature of Law and Reasons for ActionProblema. Anuario de Filosofía y Teoria Del Derecho 1 (5): 399-415. 2011.If a legal rule tells us to do something, do we thereby have a reason to do it? This remains one of the most basic questions for theoretical and practical reflection on law. It is a foundational question, which many prominent contemporary theorists have discussed, yet the topic remains poorly understood. While many legal positivists have recently sought to “explain normativity”, this is likely a project inconsistent with the basic commitments of legal positivism, and, in any event, thoroughly un…Read more
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4Some Reflections on Contract Law TheoryProblema. Anuario de Filosofía y Teoria Del Derecho 1 (1): 143-201. 2007.The existing divergence between how we talk about contract law and actual contract experience, the parties moral obligation to keep contracts and the government’s role in regulating contracts, are the three main issues addressed in this article. The analysis of this article points to a narrower and more cautious approach to contract law, not towards a general theory, but one focused on the rules of a single time and place.Resumen:La divergencia que existe entre la forma en que hablamos del derec…Read more
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6Law and Reasons: Comments on Rodriguez-BlancoProblema. Anuario de Filosofía y Teoria Del Derecho 1 (7): 27-39. 2013.In Veronica Rodriguez-Blanco’s thoughtful and important article, “Reasons in Action v Triggering Reasons: A Reply to Enoch on Reason-Giving and Le- gal Normativity,” she explores with great care the nature of reason-giving, in connection with challenging David Enoch’s influential recent work on reason-giving and the law. While Rodriguez-Blanco’s article makes an important contribution to the literature on the best understanding of rea- son-giving and practical reasoning, it is not clear that an …Read more
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Joseph Raz's approach to legal positivismIn Torben Spaak (ed.), The Cambridge Companion to Legal Positivism, Cambridge University Press. 2021.
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The normativity of lawIn Torben Spaak (ed.), The Cambridge Companion to Legal Positivism, Cambridge University Press. 2021.
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47Legal interpretation and truthJurisprudence 13 (1): 107-112. 2022.Pierluigi Chiassoni’s wonderful book, Interpretation without Truth,1 is an important and welcome addition to the ongoing conversations about interpretation, legal realism, and legal truth. Chiasson...
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4Rights: Concepts and ContextsRoutledge. 2012.This volume brings together the central works of recent scholarship on the nature of rights, with contributions by some of the most prominent contemporary theorists in moral, legal, and political philosophy. With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field and also offers useful introductions to emerging issues in rights theory.
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1Natural Law: The Modern TraditionIn Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law, Oxford University Press. 2002.
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720Kelsen, Hart, and Legal NormativityRevus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 34 25-42. 2018.This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a normative way. In this Kelse…Read more
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230On the Nature of Legal Normativity, 37 Revus 83-91 (2019)Revus. Journal for Constitutional Theory and Philosophy of Law / Revija Za Ustavno Teorijo in Filozofijo Prava 37 83-91. 2019.In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.
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24A Critique of Alexy’s Claim to CorrectnessRatio Juris 33 (2): 124-133. 2020.This article offers an overview of the difficulties in Robert Alexy’s idea of law’s “claim to correctness.” The inquiry takes us deep into the nature of simple communication, back out to what it means to have a theory about the nature of law, and also in the direction of wondering about the interaction of legal theory and practical reasoning—reasoning about how we should best act. The article offers reasons to question whether law in fact makes claims, at least in any straightforward sense. Even…Read more
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14Human Rights Through the Legislature: Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller and Francisco J. Urbina, Legislated Rights: Securing Human Rights through Legislation. Cambridge. Cambridge University Press, 2018, pp. 209. $110.00 (review)Law and Philosophy 38 (2): 221-225. 2019.This is a book review of Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller, and Francisco J. Urbina, "Legislated Rights" (Cambridge U. Pr., 2018)
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Kelsen in the United States: Still MisunderstoodIn D. A. Jeremy Telman (ed.), Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence, Springer Verlag. 2016.
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59Shapiro, Scott J. Legality. Cambridge, MA: Belknap Press of Harvard University Press, 2011. Pp. 472. $39.95 (review)Ethics 122 (2): 444-448. 2012.
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35Book ReviewsPeter Cane,. Responsibility in Law and Morality.Oxford: Hart Publishing, 2002. Pp. xii+303. £28.00 ; £18.95 (review)Ethics 117 (1): 124-127. 2006.
Minneapolis-Saint Paul, Minnesota, United States of America
Areas of Specialization
Philosophy of Law |
Philosophy of Language |
Normative Ethics |