10 found
Sort by:
See also:
Profile: Andrew Halpin (Swansea University)
  1. Andrew Halpin (2012). Conceptual Collisions. Jurisprudence 2 (2):507-519.
    Direct download (3 more)  
     
    My bibliography  
     
    Export citation  
  2. Andrew Halpin (2011). Eleftheriadis , Pavlos . Legal Rights .Oxford: Oxford University Press, 2008. Pp. 186. $85.00 (Cloth). Ethics 121 (3):652-657.
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  3. Andrew Halpin (2007). Disproving the Coase Theorem? Economics and Philosophy 23 (3):321-341.
    This essay explores the detailed argument of the Coase Theorem, as found in Ronald Coase’s “The Problem of Social Cost” and subsequently defended by Coase in The Firm, the Market, and the Law. Fascination with the Coase Theorem arises over its apparently unassailable counterintuitive conclusion that the imposition of legal liability has no effect on which of two competing uses of land prevails, and also over the general difficulty in tying down an unqualified statement of the theorem. Instead of entering (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation  
  4. Andrew Halpin (2007). Rights, Duties, Liabilities, and Hohfeld. Legal Theory 13 (1):23-39.
    This article engages with Jaffey's recent contribution on the nature of no-prior-duty remedial obligations. Jaffey's use of a right-liability relation and his challenge to Hohfeld's analytical scheme are rejected as unsound. An alternative model distinguishing three pathways to account for remedial obligations and other legal consequences is proposed. This draws on the Hohfeldian scheme but extends it to permit the full expression of reflexive liabilities, mutually correlative liabilities, and the operation of nonhuman conditions. The proposed approach also recognizes a weaker (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  5. Andrew Halpin, Or, Even, What the Law Can Teach the Philosophy of Language: A Response to Green's Dworkin's Fallacy.
    This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it is wrong (...)
    No categories
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation  
  6. Andrew Halpin (2000). Clamshells or Bedsteads? Oxford Journal of Legal Studies 20 (3):353-366.
    This article offers a comparative study of the approaches of Dworkin and Aristotle to money and the market. For Dworkin the importance of this subject lies in the use he makes of the device of a hypothetical auction to provide the basis of a conception of equality of resources, compatible with liberty, and sustained by his view of ethical individualism. The technical adequacy of Dworkin's auction is considered with the assistance of an insight taken from Aristotle's comments on money, which (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  7. Andrew Halpin (1998). Concepts, Terms, and Fields of Enquiry. Legal Theory 4 (2):187-205.
    Direct download (5 more)  
     
    My bibliography  
     
    Export citation  
  8. Andrew Halpin (1998). Rights and Reasons: A Response to Harel. Oxford Journal of Legal Studies 18 (3):485-495.
    This article considers a recent attempt by Alon Harel ((1997) 17 OJLS 101) to shed light on the nature of rights by examining the way derivative rights are recognized as instances of more fundamental rights. It criticizes the way Harel seeks to make a distinction between intrinsic and extrinsic reasons for rights, and so to establish a distinctive operation of practical reasoning for rights. The rationales linked to particular rights, and stated more generally within competing rights theories, are considered; as (...)
    Direct download (6 more)  
     
    My bibliography  
     
    Export citation  
  9. Andrew Halpin (1997). Rights and Law: Analysis and Theory. Distributed in North America by Northwestern University Press.
    Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of rights. (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  10. Andrew Halpin (1991). More Comments on Rights and Claims. Law and Philosophy 10 (3):271 - 310.
    This article engages with Alan White’s discussion of the relationship between rights and claims and the literature provoked by it, particularly the response of Neil MacCormick. A further challenge is brought against White’s position of maintaining that there is but one kind of right, and that a right to something does not imply (nor is implied by) a claim to that thing. The analysis offered here insists on acknowledging different meanings of claim and different strengths to claims. A core distinction (...)
    Direct download (7 more)  
     
    My bibliography  
     
    Export citation