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Forthcoming articles
  1. John Danaher (forthcoming). The Normativity of Linguistic Originalism: A Speech Act Analysis. Law and Philosophy:1-35.
    The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists — Lawrence Solum and Jeffrey Goldsworthy being the two discussed here — have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated (...)
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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. Benjamin Ewing (forthcoming). The Political Legitimacy of Retribution: Two Reasons for Skepticism. Law and Philosophy:1-28.
    Retributivism is often portrayed as a rights-respecting alternative to consequentialist justifications of punishment. However, I argue that the political legitimacy of retribution is doubtful precisely because retribution privileges a controversial conception of the good over citizens’ rights and more widely shared, publicly accessible interests. First, even if retribution is valuable, the best accounts of its value fail to show that it can override or partially nullify offenders’ rights to the fundamental forms of liberty of which criminal punishment paradigmatically deprives them. (...)
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  4. Adam Hosein (forthcoming). Freedom, Sex Roles, and Anti-Discrimination Law. Law and Philosophy:1-33.
    In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a useful (...)
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  5. Camillia Kong (forthcoming). The Space Between Second-Personal Respect and Rational Care in Theory and Mental Health Law. Law and Philosophy:1-35.
    In recent human rights and legal instruments, individuals with impairments are increasingly recognised as agents who are worthy of respect for their inherent dignity and capacity to make autonomous decisions regarding treatment and care provisions. These legal developments could be understood using Stephen Darwall’s normative framework of the second person standpoint. However, this paper draws upon phenomena – both in legal developments and recent court cases – to illustrate theoretical difficulties with the contractualist underpinnings of Darwall’s account if applied to (...)
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