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Forthcoming articles
  1.  5
    Larry Alexander, Heidi Hurd & Peter Westen (forthcoming). Consent Does Not Require Communication: A Reply to Dougherty. Law and Philosophy:1-6.
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  2. William T. Braithwaite (forthcoming). The Common Law and the Judicial Power: An Introduction to Swift-Erie and the Problem of Transcendental Versus Positive Law. Law and Philosophy.
     
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  3.  6
    George Duke (forthcoming). The Weak Natural Law Thesis and the Common Good. Law and Philosophy:1-25.
    The weak natural law thesis asserts that any instance of law is either a rational standard for conduct or defective. At first glance, the thesis seems compatible with the proposition that the validity of a law within a legal system depends upon its sources rather than its merits. Mark C. Murphy has nonetheless argued that the weak natural law thesis can challenge this core commitment of legal positivism via an appeal to law’s function and defectiveness conditions. My contention in the (...)
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  4.  2
    David Golemboski (forthcoming). Judicial Evaluation of Religious Belief and the Accessibility Requirement in Public Reason. Law and Philosophy:1-26.
    Many theories of liberal public reason exclude claims derived from religion on grounds that religious beliefs are not publicly ‘accessible’, because they are not amenable to meaningful evaluation by outsiders to the faith. Some authors, though, have argued that at least some religious beliefs are, in fact, publicly accessible. This paper examines the consequences of these arguments by exploring the accessibility requirement in relation to U.S. judicial precedent concerning religious accommodation. I first show that precedent accords de facto with the (...)
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  5.  3
    John Lemos (forthcoming). Moral Concerns About Responsibility Denial and the Quarantine of Violent Criminals. Law and Philosophy:1-23.
    Some contemporary philosophers maintain we lack the kind of free will that makes us morally responsible for our actions. Some of these philosophers, such as Derk Pereboom, Gregg Caruso, and Bruce Waller, also argue that such a view supports the case for significant reform of the penal system. Pereboom and Caruso explicitly endorse a quarantine model for dealing with dangerous criminals, arguing that while not responsible for their crimes such criminals should be detained in non-harsh conditions and offered the opportunity (...)
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  6.  2
    Sophia Moreau (forthcoming). Discrimination Law and the Freedom to Live a Good Life. Law and Philosophy:1-17.
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