Publications (a selection)

 

Books

An Introduction to Rights

(Cambridge: Cambridge University Press, 2004; ed. ed. 2012; Portuguese ed., Uma introdução aos direitos, E. Ferriera E Silva & N. Eichemburg, trans. São Paulo: Martins Fontes, 2006)

 

The Blackwell Guide to the Philosophy of Law and Legal Theory

co-edited with  Martin P. Golding (Oxford: Blackwell, 2004)

 

The Duty to Obey the Law: Selected Philosophical Readings

(Lanham, Md.: Rowman & Littlefield, 1999)

 

Three Anarchical Fallacies: An Essay on Political Authority

(Cambridge: Cambridge University Press, 1998; paperback ed. 2007)

 



Articles, Essays, and Chapters

Politics in a State of Nature

(in progress)

(downloadable draft in SSRN’s Working Paper Series)

On GA Cohen, ‘Political Philosophy and Personal Behavior’

(in progress)(downloadable draft in SSRN’s Working Paper Series)

Review of Ronald Dworkin, Justice for Hedgehogs (2011) Law and Philosophy Online advance version Aug. 29, 2012 Doi: 10.1007/s10982-012-9143-4

Schmegality

(reviewing Scott Shapiro, Legality, June 2011 in Jurisprudence; downloadable draft in SSRN’s Accepted Paper Series)

Coercion

(to appear in the Routledge Companion to the Philosophy of Law, Andrei Marmor, ed.; downloadable draft in SSRN’s Accepted Paper Series)

Consent and Its Cousins

Ethics 121: 335-53 (2011) (abstract in SSRN’s Accepted Paper Series)

Political Authority, Moral Powers, and the Intrinsic Value of Obedience

Oxford Journal of Legal Studies 2010 30: 179-191 (downloadable)

Interpreting Legal Texts or, ‘When Is Using a Firearm Not Really?’  –An Eminent Philosopher of Language Helps Us Decide

.  Jotwell, A Journal of Things We Like (Lots), Oct. 6, 2010

 

Pluralism, Intransitivity, Incoherence

In Mark White, ed., Theoretical Foundations of Law and Economics (Cambridge 2009) (downloadable draft from SSRN Accepted Papers Series)

Schauer on Precedent in the U.S. Supreme Court

Georgia State University Law Review, vol. 24, no. 2, Winter 2007, 403-13

 

Morality without Responsibility

(downloadable draft in SSRN’s Working Paper Series)    

 

Adding Reasons Up

In Barbara Montero and Mark White, eds., Economics and Mind (Routledge 2007)

 

The Virtue of Law-Abidance

Philosophers’ Imprint, vol. 6, no. 4 (December 2006)

 

Comments on Richard Arneson’s Joel Feinberg and the Justification of Hard Paternalism

Legal Theory 11: 286-91 (2005)(abstract available in SSRN’s Accepted Papers Series)

 

Posterity and Embodiment

(downloadable draft in SSRN’s Working Paper Series)

First Force
Journal of Ethics and Social Philosophy www.jesp.org, 2005, vol. 1, no. 3

  

Privacy

in The Blackwell Guide to Philosophy of Law and Legal Theory, M.P. Golding and A.A. Edmundson, eds. (downloadable draft available in SSRN’s Accepted Papers Series)

 

State of the Art: The Duty to Obey the Law

Legal Theory 10: 215-59 (2004) (abstract available in SSRN’s Accepted Papers Series)

 

Locke and Load

Law and Philosophy 22: 195-216 (2003) (downloadable draft in SSRN’s Accepted Papers Series)

 

Proportionality and the Difference Death Makes

Criminal Justice Ethics 21: 40-43 (2002) (downloadable draft in SSRN’s Accepted Papers Series)

 

Contextualist Answers to Skepticism, and What a Lawyer Cannot Know

Florida State University Law Review 30: 1-23 (2002), with comment by Rob Atkinson. (abstract in SSRN’s Accepted Papers Series and downloadable draft from FSU Law Review)

 

Body and Soul in the Year 2020: Moral and Ethical Considerations in our Biological Future

(entered in the Oscar M. Ruebhausen Award competition, sponsored by the Greenwall Foundation)

 

Social Meaning, Compliance Conditions, and Law’s Claim to Authority

Canadian Journal of Law and Jurisprudence 15: 51-67 (2002)(downloadable draft in SSRN’s Accepted papers Series)

 

The Social Enforcement of Morality

(downloadable draft in SSRN’s Working Paper Series)

 

Civility as Political Constraint

Res Publica 8: 217-29 (2002)(abstract in SSRN’s Accepted Papers Series)

Introduction: Some Recent Work on Political Obligation

APA Newsletter on Philosophy and Law 99: 62-67 (Fall 1999)

Liberating the Future from the Past? Liberating the Past from the Future?

(entered in the International Essay Prize Contest, sponsored by Lettre International, Berlin, and Weimar 1999, European City of Culture)

    

Legitimate Authority Without Political Obligation

Law and Philosophy 17: 43-60 (1998) (abstract in SSRN’s Accepted Papers Series)

 

The Antinomy of Coherence and Determinacy

Iowa Law Review 82: 1-20 (1996) (abstract in SSRN’s Accepted Papers Series; also abstracted in APA Newsletter on Philosophy and Law (Fall, 1998))

 

Is Law Coercive?

Legal Theory 1: 81-111 (1995) (abstract in SSRN’s Accepted Papers Series)

 

Coherence Theory in the Philosophy of Law

(downloadable draft in SSRN’s Working Papers Series)

 

Transparency and Indeterminacy in the Liberal Critique of Critical Legal Studies

Seton Hall Law Review 24: 556-602 (1993) abstracted in APA Newsletter on Philosophy and Law (Spring, 1996)

 

Rethinking Exclusionary Reasons: A Second Edition of Joseph Raz’s Practical Reason and Norms

Law and Philosophy 12: 329-43 (1993)

 

Liberalism, Legal Decisionmaking and Morality “As Such” 

Oxford Journal of Legal Studies 10: 505-21 (1990)

 

The “Race-of-the-Victim” Effect in Capital Sentencing: McClesky v. Kemp and Underadjustment Bias

Jurimetrics Journal 32: 125-41 (1990)

 

Are Law and Morality Distinct?

Brigham Young University Journal of Public Law 4: 33-53 (1990)

 

Lawyers’ Justice

Michigan Law Review 88: 1833-57 (1990)  

 

Book Reviews and Other Publications


Review of Ronald Dworkin, Justice for Hedgehogs

Law and Philosophy (forthcoming 2012)

 

Review of Christopher Wellman and A. John Simmons, The Duty to Obey the Law: For or Against

Law and Philosophy 28: 101-107 (2009)

Review of Tom Campbell, Rights: A Critical Introduction (2006)

Notre Dame Philosophical Reviews, Dec. 7, 2006

  

Speeding: A Sprawling Offense?

Fulton County Daily Report, October 25, 2002

  

Review of Arthur Ripstein, Equality, Repsonsibility, and the Law 

Ethics 111: 644-48 (2001)

 

Review of Antony Duff, ed., Philosophy and the Criminal Law: Principle and Critique 

Philosophy in Review/Comptes rendus philosophiques 19:327-29 (1999)

    

Review of Jaap C. Hage, Reasoning with Rules: An Essay on Legal Reasoning and Its Underlying Logic

Philosophy in Review/Comptes rendus philosophiques 18: 182-83 (1998)

  

Review of Kevin Ashley, Modeling Legal Argument (1990)

Philosophical Psychology 7: 135-37 (1994)

      

Review of Raoul Berger, Death Penalties

Duke Law Journal 1984: 624-29

    

 

Last Updated:  June 27, 2012