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Forthcoming articles
  1. 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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  2.  8
    Harrison Frye & George Klosko (forthcoming). Democratic Authority and Respect for the Law. Law and Philosophy:1-23.
    In recent years, scholars have argued that democratic provenance of law establishes moral requirements to obey it. We argue against this view, claiming that, rather than establishing moral requirements to obey the law, democratic provenance grounds only requirements to respect it. Establishing what we view as this more plausible account makes clear not only exactly what democracy itself contributes to requirements to obey the law but also important difficulties proponents of democratic authority must overcome in order successfully to make their (...)
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  3.  6
    Kerah Gordon-Solmon (forthcoming). Why More Choice is Sometimes Worse Than Less. Law and Philosophy:1-20.
    In this paper, I shall argue that personal autonomy requires the availability of an adequate range of valuable options from which to choose, but that the availability of a larger rather than a smaller set of valuable options can be inimical to, rather than supportive, of autonomy.
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  4.  5
    Jeffrey W. Howard (forthcoming). Punishment as Moral Fortification. Law and Philosophy:1-31.
    The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...)
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  5.  8
    Adriana Placani (forthcoming). When the Risk of Harm Harms. Law and Philosophy:1-24.
    This essay answers two questions that continue to drive debate in moral and legal philosophy; namely, ‘Is a risk of harm a wrong?’ and ‘Is a risk of harm a harm?’. The essay’s central claim is that to risk harm can be both to wrong and to harm. This stands in contrast to the respective positions of Heidi Hurd and Stephen Perry, whose views represent prominent extremes in this debate about risks. The essay shows that there is at least one (...)
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