•  348
    Justifications, Powers, and Authority
    Yale Law Journal 117 1070. 2008.
    Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it …Read more
  •  31
    The Constitution of Criminal Law: Justifications, Policing and the State’s Fiduciary Duties (review)
    Criminal Law and Philosophy 5 (3): 259-276. 2011.
    This paper, originally written for a conference on criminal law in times of emergency, considers the implications of the ‘German Airliner case’ for criminal law theory. In that case, the German constitutional court struck down as unconstitutional a law empowering state officials to order the shooting down of a hijacked plane on the grounds that the state could not order the killing of innocent civilians. Some have argued that despite this ruling, individual officials should still be entitled to …Read more
  •  17
    Calling Antony Duff to Account
    Criminal Law and Philosophy 9 (4): 737-751. 2015.
  •  11
    Criminal law as public law
    In Antony Duff & Stuart P. Green (eds.), Philosophical Foundations of Criminal Law, Oxford University Press. pp. 21--43. 2011.
  •  9
    Cultivating Practical Wisdom as Education
    with Aaron Marshall
    Educational Philosophy and Theory 46 (14): 1-13. 2014.
    This article argues, from a critical realist perspective, that it would be beneficial to extend thinking on how personal and social education could become more central to students’ learning. We explore how constructive-informed arrangements which emphasize cognitive skills and affective qualities could be realized through experiential approaches to learning. Our theorizing is informed by neo-Aristotelian thinking on the importance of identifying mutually acceptable value commitments which can cu…Read more
  •  8
    The paper calls for a re-evaluation of physical education’s cognitive value claims, as this issue is fundamental to many of the conceptual difficulties the subject faces. Current epistemological challenges are reviewed before analysing the structural connections between intelligent practice and intelligent virtues, and the possibilities for physical education to better articulate its’ intrinsic and instrumental values claims. The paper evaluates arguments made on this basis and reviews revised c…Read more
  •  7
    Reconstructing Dewey: Habit, Embodiment and Health and Well-Being
    British Journal of Educational Studies 66 (3): 307-319. 2018.
  • Philosophical Foundations of Constitutional Law (edited book)
    Oxford University Press UK. 2016.
    Constitutional law has been and remains an area of intense philosophical interest, and yet the debate has taken place in a variety of different fields with very little to connect them. In a collection of essays bringing together scholars from several constitutional systems and disciplines, Philosophical Foundations of Constitutional Law unites the debate in a study of the philosophical issues at the very foundations of the idea of a constitution: why one might be necessary; what problems it must…Read more