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Normative reasoning from a point of viewIn Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaić (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues, Hart Publishing. 2018.
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20Philosophical Foundations of the Nature of Law (edited book)Oxford University Press. 2013.Recent years have witnessed major developments in philosophical inquiry concerning the nature of law and, with the growth of transnational legal institutions, in the phenomenon of law itself. This volume gathers leading writers in the field to take stock of current debates on the nature of law and the aims and methods of legal philosophy
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6Lessons from HartProblema. Anuario de Filosofía y Teoria Del Derecho 1 (5): 363-383. 2011.In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligati…Read more
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1H. L. A. Hart: Supervisor, Mentor, Friend, InspirationProblema. Anuario de Filosofía y Teoria Del Derecho 1 (5): 3-10. 2011.
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6A Living Tree Constitutionalist RepliesProblema. Anuario de Filosofía y Teoria Del Derecho 1 (3): 147-168. 2009.
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6A Common Law Theory of Judicial ReviewProblema. Anuario de Filosofía y Teoria Del Derecho 1 (1): 117-139. 2007.Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.Resumen:Las cartas constitucionales o declaraciones de derechos han sido aplaudidas por la protección que…Read more
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The origins of inclusive legal positivismIn Torben Spaak (ed.), The Cambridge Companion to Legal Positivism, Cambridge University Press. 2021.
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'Law Morality and the Weak Social ThesisIn C. Peden & J. Roth (eds.), Rights, Justice and Community. pp. 451-460. 1992.
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Ethical Theory in BusinessIn D. Poff & W. Waluchow (eds.), Business Ethics in Canada, Prentice Hall. pp. 1-33. 1987.
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Professor Weinrib on Corrective JusticeIn S. Panagiotou (ed.), Justice, Law and Method in Plato and Aristotle. pp. 153-159. 1987.
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The Ethics of Hiring: Shoul Looks Count?In D. Poff & W. Waluchow (eds.), Business Ethics in Canada, Prentice Hall. pp. 199-204. 1987.A distinctively Canadian text which provides theory and practice in case studies. More on Milton Friedman's views, ethics and the professions, South Africa, the environment.
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3Lessons from HartProblema 5 363-383. 2012.In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligati…Read more
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1Constitutional Rights and the Possibility of Detached Constitutional InterpretationProblema 9 23-52. 2015.In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional interpretation and review…Read more
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Constitutional Rights and Democracy: A Reply to Professor BellamyGerman Law Journal 14 1039-1051. 2013.In his rich and thoughtful paper, Richard Bellamy sketches a theory of individual rights that ascribes to them an inherently democratic character that “is best captured by a republican view of liberty as non-domination, rather than the standard liberal account of liberty as non-interference.” According to this view, “rights involve an implicit appeal to democratic forms of reasoning.” That is, the only justifiable “foundation of rights must be some form of ongoing democratic decision making that…Read more
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A Common Law Theory of Judicial ReviewProblema 1 117-139. 2007.Constitutional Charters or Bill of Rights have been applauded because of the protection they provide to minorities and also in ensuring and protecting fundamental rights, however, Charters have been criticized for being considered morally and politically objectionable. The author responds to Charter critics most serious objections and offers some reasons for adopting an alternative framework.
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10Constitutions as Living Trees: An Idiot DefendsCanadian Journal of Law and Jurisprudence 18 (2): 207-247. 2005.In this article, I defend Charters of Rights and the practices of judicial review to which they normally give rise against a number of objections one encounters in public and academic discourse, most notably in the work of Jeremy Waldron. In answering Waldron and his fellow critics, I develop a “living tree” or “common law” conception of Charters and show how it can be used successfully to answer their most powerful criticisms
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In Pursuit of Pragmatic Legal TheoryCanadian Journal of Law and Jurisprudence 15 (1): 125-150. 2002.A critical review of Jules Coleman's The Practice of Principle: In Defence of a Pragmatist Approach to Legal Theory. Coleman's book has two principal objectives: to defend both Inclusive Legal Positivism and Coleman's influential views on the role of corrective justice in explaining tort law; and to show how philosophical pragmatism can usefully be employed in defending such views. In this article I both outline and critique the main elements of Coleman's book. I also explore ways in which some …Read more
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50Pay equity: Equal value to whom?Journal of Business Ethics 7 (3). 1988.This paper is an exploration of the concept equal value as it applies to pay equity. Following a brief discussion of several standard objections to pay equity legislation, the paper considers a number of different criteria which are employed in determining equal value or worth. Two in particular are isolated for extended discussion: the desert and the contribution criteria. The paper concludes with a major concern about the phrase equal value to the employer. This concern becomes pressing once t…Read more
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73Hart, legal rules and Palm tree justiceLaw and Philosophy 4 (1). 1985.In this paper I defend a liberal theory about how legal rules can and ought to be interpreted. The theory emerges from a critical examination of H. L. A. Hart's influential views on the limited but unavoidable indeterminacy of legal rules. I begin with a brief sketch of Hart's early theory (as it is traditionally understood) offering various suggestions as to how it might usefully be modified. Next, several possible objections to my modifications are sketched and criticized. Finally, reasons are…Read more
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Il positivismo giuridico e la natura dei diritti costituzionaliEdizioni scientifiche italiane. 2018.
Hamilton, Ontario, Canada
Areas of Interest
Philosophy of Law |