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2Oxford Studies in Philosophy of Law Volume 3 (edited book)Oxford University Press. 2018.Oxford Studies in the Philosophy of Law is a forum for new philosophical work on law. The essays range widely over general jurisprudence, philosophical foundations of specific areas of law, and other philosophical topics relating to legal theory.
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62Law as a leap of faith: essays on law in generalOxford University Press. 2012.Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.
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How law claims, what law claimsIn Matthias Klatt (ed.), Institutionalized reason: the jurisprudence of Robert Alexy, Oxford University Press. 2012.
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Hart and Feinberg on responsibilityIn Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy, Oxford University Press. 2008.
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6Kelsen revisited: new essays on the pure theory of law (edited book)Hart Publishing. 2013.Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by th…Read more
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1Tort law and its theoryIn John Tasioulas (ed.), The Cambridge Companion to the Philosophy of Law, Cambridge University Press. 2020.
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15Oxford studies in philosophy of law volume 4 (edited book)Oxford University Press. 2021.This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.
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14Liberals and Unlawful DiscriminationOxford Journal of Legal Studies 9 (1): 1-22. 1989.JOHN GARDNER; Liberals and Unlawful Discrimination, Oxford Journal of Legal Studies, Volume 9, Issue 1, 1 March 1989, Pages 1–22, https://doi.org/10.1093/ojls/9.
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266The Twilight of LegalityAustralasian Journal of Legal Philosophy 43 (1): 1-16. 2019.This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, who are theref…Read more
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10Law as a Leap of Faith: And Other Essays on Law in GeneralOxford University Press UK. 2012.How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist simply in applying the law of the system? And how…Read more
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20From Personal Life to Private LawOxford University Press. 2018.The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.
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12Making sense of mens Rea: Antony duffs accountOxford Journal of Legal Studies 11 (4): 559-588. 1991.
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153Simply in virtue of being human': The whos and whys of human rightsJournal of Ethics and Social Philosophy 2 (2): 1-23. 2007.In this paper I raise some questions about the familiar claim, recently reiterated by James Griffin, that human rights are rights that humans have….
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40Law as a Leap of Faith as OTHERS see ITLaw and Philosophy 33 (6): 813-842. 2014.This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law
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104Hart and Feinberg on responsibilityIn Matthew H. Kramer (ed.), The legacy of H.L.A. Hart: legal, political, and moral philosophy, Oxford University Press. 2008.Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.
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239Complicity and causalityCriminal Law and Philosophy 1 (2): 127-141. 2007.This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency
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38Torts and Other WrongsOxford University Press. 2019.This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
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121Reasons and Abilities: Some PreliminariesAmerican Journal of Jurisprudence 58 (1): 63-74. 2013.This paper takes some first steps in a study of the thesis that “ought” implies “can.” Considerable attention is given to the proper interpretation of the thesis, including the interpretation of “ought,” the interpretation of “can,” and the interpretation of “implies.” Having chosen a particular interpretation of the thesis to work on—in some ways its broadest interpretation—the paper tries to bring out some considerations that bear on its truth or falsity. After an excursion into the general th…Read more
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1Hart on ResponsibilityIn Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.), The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy, Oxford University Press. 2008.
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139Desert and Avoidability in Self-DefenseEthics 122 (1): 111-134. 2011.Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that …Read more
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71The Mark of ResponsibilityOxford Journal of Legal Studies 23 (2): 157-171. 2003.This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the courtroom t…Read more
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78Relations of responsibilityIn Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff, Oxford University Press. pp. 87--102. 2011.
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103Offences and defences: selected essays in the philosophy of criminal lawOxford University Press. 2007.The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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1Law s Aims in Law s EmpireIn Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin, Oxford University Press. 2006.
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169Christopher Kutz, Complicity: Ethics and Law for a Collective Age:Complicity: Ethics and Law for a Collective AgeEthics 114 (4): 827-830. 2004.