•  6
    On Tradition and the Conservation of Equity
    American Journal of Jurisprudence 65 (2): 109-146. 2021.
    : This paper explores the question whether the normativity of tradition gives us reasons to preserve the norms of equity in their historical form, i.e., as separate from neighboring common law doctrines. The main target of the paper are arguments that call for the replacement of equity with other, arguably more successful, means for attaining the goals equity sets to achieve. It begins by showing that even liberal, progressive and rationalist people should see traditions as making a normative cl…Read more
  •  15
    Taking Evil Seriously
    Oxford Journal of Legal Studies 27 (4): 741-756. 2007.
  •  34
    Satanic motivations
    Journal of Value Inquiry 41 (1): 77-94. 2007.
  •  22
    What Conscience Can Do for Equity
    Jurisprudence 3 (1): 13-35. 2012.
    The paper argues that there are good reasons to frame the categories of equitable liability around the concept of conscience. A quick look at recent case law reveals an increasing use of conscience categories to discourage overly selfish behaviour among parties to commercial relationships. Critics discard 'conscionability' as an empty category of reference, or see it as a dangerously subjective point of reference. I want to show that the critics assume a very specific, and controversial, model o…Read more
  •  11
    Guarding the Fiduciary's Conscience—A Justification of a Stringent Profit-stripping Rule
    Oxford Journal of Legal Studies 28 (4): 763-781. 2008.
    This article argues that considerations of moral psychology support the traditional stringency of the rule according to which fiduciaries who get involved in a potential conflict of interest shall be stripped of all their gains. The application of the rule, regardless of good faith on the part of the fiduciary, is being contested by courts and academia alike. The article is focused on the ‘deterrence’ justification for the rule, and argues that its unusual strictness should be read as a response…Read more
  •  754
    On Pain and the Privation Theory of Evil
    European Journal for Philosophy of Religion 4 (1): 19--34. 2012.
    The paper argues that pain is not a good counter-example to the privation theory of evil. Objectors to the privation thesis see pain as too real to be accounted for in privative terms. However, the properties for which pain is intuitively thought of as real, i.e. its localised nature, intensity, and quality are features of the senso-somatic aspect of pain. This is a problem for the objectors because, as findings of modern science clearly demonstrate, the senso-somatic aspect of pain is neurologi…Read more
  •  28
    The Form of Evil
    Kantian Review 14 (2): 93-117. 2010.
    Upon arriving in Auschwitz Primo Levi discovered that rational discourse, in which actions are done for reasons, was left lying on the carriage floor together with his human dignity. By responding ‘Here one doesn't ask why’, the camp guard succinctly conveys the insight that evil defies reason. This paper examines two studies of evil that are predicated on that idea: Kant's and Augustine's. It argues that their theories share an underlying formation wherein evil remains incomprehensible, except …Read more