From Morality To Law And Back Again Liber Amicorum For John Gardner
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From Morality To Law And Back Again
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Author : Michelle Madden Dempsey
language : en
Publisher: Oxford University Press
Release Date : 2023-07-18
From Morality To Law And Back Again written by Michelle Madden Dempsey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-18 with Law categories.
John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford. Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written. In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue. Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Law As A Leap Of Faith
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Author : John Gardner
language : en
Publisher: Oxford University Press
Release Date : 2012-09-06
Law As A Leap Of Faith written by John Gardner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-06 with Law categories.
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 does it relate to the ideal of 'the rule of law'? These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law (1961), Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time.
Relating To Responsibility
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Author : Peter Cane
language : en
Publisher: Hart Publishing
Release Date : 2001-10-19
Relating To Responsibility written by Peter Cane and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-19 with Law categories.
Eight essays by leading legal theorists--based on papers presented at two workshops, one in Canberra in November 1999 and the other in New York in March 2000--outline reactions to Tony Honore's (emeritus, civil law, Oxford U.) post-retirement writings on issues related to responsibility, including determinism and luck, causation, responsibility for outcome, and the morality of strict liability. A ninth essay, by Honore, responds to them. The contributors are lawyers and philosophers based in Australia, the US, Canada, and the UK. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Torts And Other Wrongs
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Author : John Gardner
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Torts And Other Wrongs written by John Gardner and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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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language : en
Publisher:
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Private Law And Practical Reason
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Author : Associate Professor of Law Haris Psarras
language : en
Publisher: Oxford University Press
Release Date : 2023-03-08
Private Law And Practical Reason written by Associate Professor of Law Haris Psarras and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-08 with Law categories.
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Evaluation And Legal Theory
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Author : Julie Dickson
language : en
Publisher: Hart Publishing
Release Date : 2001-05
Evaluation And Legal Theory written by Julie Dickson and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05 with Law categories.
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obfuscatory myth that legal positivism seeks a 'value-free' account of law, the author attempts to explain and defend Joseph Razs position that evaluation is essential to successful legal theory, whilst refuting John Finnis and Ronald Dworkins contentions that the legal theorist must morally evaluate and morally justify the law in order to properly explain its nature. The book does not claim to solve the many mysteries of meta-legal theory but does seek to contribute to and engender rigorous and focused debate on this topic.
Offences And Defences
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Author : John Gardner
language : en
Publisher: OUP Oxford
Release Date : 2007-11-08
Offences And Defences written by John Gardner and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-08 with Law categories.
John Gardner's writings on the theory of criminal law have had a significant impact on the way that this subject is understood by legal scholars and philosophers. This book collects together a selection of his best-known and most provocative pieces. John Gardner tackles persistent and troublesome questions about the philosophical foundations of the criminal law. Which wrongs are suitable to be crimes and why? What are the conditions of criminal responsibility, and how do they relate to the conditions of moral responsibility? What does it take to be complicit in another's wrongdoing? Should crimes ever be excused, and if so, on what basis? How, if at all, should the criminal law adapt to conditions of social and cultural diversity? The issues raised in these essays have a significance extending beyond the law. What does it mean to be a responsible agent and why does it matter? Is my moral character only or mostly my own business? Is there a difference between being reasonable and being rational? These and many other moral problems lurk in the background of the criminal law, and the pieces in this book bring them into the foreground. Theoretical writings on the criminal law have often been dominated by a preoccupation with the justification of criminal punishment. This work is different. Although it discusses the legitimacy of criminal punishment it proceeds on the footing that the criminal law does many important things apart from punishing people. In particular, Gardner argues that the criminal law provides an important forum for people to explain themselves. Such a forum would be important, argues Gardner, even if criminal punishment were to be abolished.
From Personal Life To Private Law
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Author : John Gardner
language : en
Publisher: Oxford University Press
Release Date : 2018
From Personal Life To Private Law written by John Gardner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
"This book ... is a descendant of my eponymous Quain Lectures, delivered at University College London in 2014"--Preface.
Law As A Leap Of Faith
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Author : John B. Gardner
language : en
Publisher:
Release Date : 2012
Law As A Leap Of Faith written by John B. Gardner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Jurisprudence categories.