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Profile: Andrew Halpin (Swansea University)
  1. Andrew Halpin (2014). The Search for Law: A Review of Mariano Croce, Self-Sufficiency of Law: A Critical-Institutional Theory of Social Order. [REVIEW] Jurisprudence 5 (2):409-420.
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  2. Andrew Halpin (2012). Conceptual Collisions. Jurisprudence 2 (2):507-519.
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  3. Andrew Halpin (2011). Eleftheriadis , Pavlos . Legal Rights .Oxford: Oxford University Press, 2008. Pp. 186. $85.00 (Cloth). Ethics 121 (3):652-657.
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  4. Andrew Halpin (2010). The Province of Jurisprudence Contested: Critical Notice: The Province of Jurisprudence Democratized by Allan Hutchinson. Canadian Journal of Law and Jurisprudence 23 (2):515-535.
    Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the weight Hutchinson places (...)
     
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  5. 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 (...)
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  6. 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 (...)
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  7. Andrew Halpin (2006). The Methodology of Jurisprudence: Thirty Years Off The Point. Canadian Journal of Law and Jurisprudence 19 (1).
    This essay considers the growing interest in the methodology of jurisprudence in the context of a broader examination of the relationship between legal theory and the practice of law. Attention is drawn to the particular puzzles of how theory can both be independent of and yet inform practice, and how methodology can take a similar stance towards theory. Through a detailed analysis of the methodological positions adopted by Dworkin, Raz, and Coleman and Simchen, the conclusion is reached that methodology is (...)
     
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  8. 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 (...)
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  9. 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 (...)
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  10. Andrew Halpin (1998). Concepts, Terms, and Fields of Enquiry. Legal Theory 4 (2):187-205.
    This article considers the role of conceptual analysis in jurisprudence. In responding to the earlier article of Brian Bix, Conceptual Questions and Jurisprudence , 1 Legal Theory 465 , it is agreed that the purpose of the theorist must be identified in order to evaluate the merits of the practice of conceptual analysis, but the approach taken here differs from that proposed by Bix. In particular, it is suggested that Bix is wrong to limit stipulation within conceptual analysis to a (...)
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  11. 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 (...)
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  12. 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. (...)
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  13. Andrew Halpin (1994). Some Aspects of the Relationship Between the Analysis of Rights and the General Theory of Law.
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  14. 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 (...)
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