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Forthcoming articles
  1. Charles L. Barzun (forthcoming). Metaphysical Quietism and Functional Explanation in the Law. Law and Philosophy:1-21.
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  2. George Duke (forthcoming). Hobbes on Political Authority, Practical Reason and Truth. Law and Philosophy:1-23.
    The role of sovereign authority in Hobbes' political philosophy is to establish peace and stability by serving as a definitive and unambiguous source of law. Although these broad outlines of Hobbes' account of political authority are uncontentious, matters quickly become more complicated once one seeks its normative basis. This much is evident from recent debates on the normative status of the laws of nature and the related issue as to whether Hobbes is better categorised as an incipient legal positivist or (...)
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  3. María Cristina Redondo (forthcoming). Some Remarks on the Connection Between Law and Morality. Law and Philosophy:1-21.
    This article is primarily focused on two interconnected discussions presented by John Gardner in Law as a Leap of Faith. The first one is related to the thesis which, according to Gardner, all positivists agree on; the second one is referred to the positivist’s position regarding the connection between law and morality. In order to address these issues I rely on the distinction between two kinds of criteria: the conceptual criteria and the validity criteria. On this basis, and against what (...)
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  4. Fábio P. Shecaira (forthcoming). Gardner on Legal Reasoning. Law and Philosophy:1-26.
    In Chapters 2, 3 and 7 of his new book, Law as a Leap of Faith, John Gardner provides the elements of an account of legal reasoning. It is on the basis of this account that Gardner defends or supports some of the most important theses of his book, viz. theses pertaining to how law can be made, to the relation between law and morality, and to the legitimacy of judicial law-making. A central element of Gardner’s account is a distinction (...)
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  5. Stefano Bertea (forthcoming). A Foundation for the Conception of Law as Practical Reason. Law and Philosophy:1-34.
    This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...)
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  6. 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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  7. George Duke (forthcoming). The Planning Theory and Natural Law. Law and Philosophy:1-28.
    The practical, normative dimension of planning is a plausible source of the ‘family resemblances’ noted by a number of legal theorists between Scott Shapiro’s Planning Theory and natural law jurisprudence. Foremost among these resemblances is Shapiro’s contention that the law, necessarily, has a moral aim. The moral aim thesis is at first glance surprising given Shapiro’s intention to defend exclusive legal positivism and unequivocal rejection of what he takes to be the core commitments of natural law theory. Shapiro’s claim, however, (...)
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  8. Alon Harel (forthcoming). The Duty to Criminalize. Law and Philosophy:1-22.
    The state has a duty to protect individuals from violations of their basic rights to life and liberty. But does the state have a duty to criminalize such violations? Further, if there is a duty on the part of the state to criminalize violations, should the duty be constitutionally entrenched? This paper argues that the answer to both questions is positive. The state has a duty not merely to effectively prevent violations of our rights to life and liberty, but also (...)
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  9. Adam Hill (forthcoming). Stability, Assurance, and the Concept of Legal Guidance. Law and Philosophy:1-31.
    Legal theorists standardly hold that stability is one of eight necessary conditions for legal guidance. We lack an adequate explanation, however, of why, exactly, stability is necessary in order that law possess the capacity to guide behavior. Standard explanations, which rely on a claim about reasonable expectations, fail to connect the concepts of stability and legal guidance. In this paper, I argue that, according to the leading conception of legal guidance, stability is, in fact, not necessary in order for law (...)
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  10. Robert Lamb (forthcoming). The Power to Bequeath. Law and Philosophy:1-26.
    What should happen to a property holding after the death of its owner? One conventional answer to this question is that the owner can legitimately designate the beneficiary of a posthumous transfer through a written will. Yet this aspect of property ownership has received little in the way of philosophical attention or moral justification. Philosophers tend either to accept bequest as a conventional feature of property ownership or reject its legitimacy on egalitarian grounds. Dissatisfied by both approaches, this paper: (i) (...)
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  11. Win-Chiat Lee (forthcoming). The Judgeship of All Citizens: Dworkin's Protestantism About Law. Law and Philosophy:1-31.
    This article gives an account of what Ronald Dworkin calls ‘the protestant attitude’ towards law. Dworkin’s protestantist claim that the interpretive attitude towards law is to be taken not only by judges, but also by ordinary citizens is explained and defended. The account of Dworkin’s protestantism about law in this article is not based on his more general protestantist view about the interpretation of social practices, but, rather, on the nature of authoritative statements of the law in Dworkin’s theory of (...)
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  12. Stanley L. Paulson & Bert van Roermund (forthcoming). Corrigendum:[Kelsen, Authority and Competence: An Introduction]. Law and Philosophy.
     
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  13. Sarah Sorial (forthcoming). Hate Speech and Distorted Communication: Rethinking the Limits of Incitement. Law and Philosophy:1-26.
    Hate speech is commonly defined with reference to the legal category of incitement. Laws targeting incitement typically focus on how the speech is expressed rather than its actual content. This has a number of unintended consequences: first, law tends to capture overt or obvious forms of hate speech and not hate speech that takes the form of ‘reasoned’ argument, but which nevertheless, causes as much, if not more harm. Second, the focus on form rather than content leads to categorization errors. (...)
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