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Frederick Schauer [32]Frederick F. Schauer [3]
  1. Frederick Schauer, Is There a Psychology of Judging?
    Psychologists have recently begun to study the psychological dimensions of judging, but to date almost all of the research has been on lay experimental subjects. Implicit in the research, therefore, is that the judge's attributes as a human bring are more important than the judge's attribute's as lawyer and/or as judge in explaining judicial behavior. This may possibly be true, and it is relatively consistent with a Legal Realist understanding of judges and judging, but there remains a need for research (...)
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  2. Frederick Schauer (forthcoming). Free Speech and the Social Construction of Privacy. Social Research.
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  3. Frederick Schauer (forthcoming). Free Speech on Tuesdays. Law and Philosophy:1-22.
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  4. Frederick Schauer (forthcoming). On the Utility of Religious Toleration. Criminal Law and Philosophy:1-14.
    Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations (and thus exceptions or exemptions) to laws and policies of general application. His arguments are careful, rigorous, and fair, and in rejecting the deontological arguments for religion-specific accommodations he seems to me largely correct. But when he turns to arguing against the utilitarian case for such accommodations, he employs a seemingly non-standard sense of utilitarianism in which demands of principled consistency constrain what would otherwise be utilitarian (...)
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  5. Frederick Schauer (2012). Is Defeasibility an Essential Property of Law? In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
     
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  6. Frederick Schauer (2011). Bentham on Presumed Offences. Utilitas 23 (04):363-379.
    In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...)
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  7. Frederick Schauer (2010). Balancing, Subsumption, and the Constraining Role of Legal Text. Law and Ethics of Human Rights 4 (1):35-45.
  8. Frederick Schauer (2010). Neuroscience, Lie-Detection, and the Law. Trends in Cognitive Sciences 14 (3):101-103.
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  9. Frederick Schauer (2010). Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Ratio Juris 23 (1):1-21.
    In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law , but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, (...)
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  10. Frederick Schauer (2008). In Defense of Rule-Based Evidence Law – and Epistemology Too. Episteme 5 (3):pp. 295-305.
    Ever since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them only in the context of (...)
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  11. Walter Sinnott-Armstrong & Frederick Schauer (2008). Introduction. Episteme 5 (3):251-252.
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  12. Frederick Schauer (2005). The Social Construction of the Concept of Law: A Reply to Julie Dickson. Oxford Journal of Legal Studies 25 (3):493-501.
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  13. Frederick Schauer (2001). Introduction: The Legal Construction of Privacy. Social Research 68 (1):51-53.
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  14. Frederick Schauer (2000). Can Public Figures Have Private Lives? Social Philosophy and Policy 17 (02):293-.
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  15. Frederick Schauer (2000). The Generality of Rights. Legal Theory 6 (3):323-336.
    Looked at from the perspective of an American constitutionalist, individualrights is a familiar phrase. In its reference to the idea that individuals have rights against the government and against the majority, 1 the phrase has a meaning that is now relatively well understood. In a different sense, however, the phrase might be taken to suggest that there is something necessarily or essentially individual, and thus particular, about the very idea of a right. Harking back to the Legal Realist positions that, (...)
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  16. Frederick F. Schauer & Linda Meyer (eds.) (1999). Rules and Reasoning: Essays in Honour of Fred Schauer. Hart Pub..
     
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  17. Frederick Schauer (1998). Positivism Through Thick and Thin. In Brian Bix (ed.), Analyzing Law: New Essays in Legal Theory. Oxford University Press. 65--78.
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  18. Frederick Schauer (1997). Does Simplicity Bring Liberty? Critical Review 11 (3):393-406.
    Abstract In Simple Rules for a Complex World, Richard Epstein claims to be focusing on legal simplicity, and on the link between legal simplicity and a legal system less intrusive on individual liberty. It turns out, however, that Epstein's conception of simplicity is itself soaked with the substantive idea of individual liberty. The consequences of this are that the claim that legal simplicity brings individual liberty (and legal minimalism) becomes true by definition, and that Epstein avoids taking (...)
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  19. Frederick Schauer (1996). Positivism as Pariah. In Robert P. George (ed.), The Autonomy of Law: Essays on Legal Positivism. Oxford University Press. 31--55.
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  20. Frederick Schauer (1995). Acts, Omissions, and Constitutionalism:The Partial Constitution. Cass R. Sunstein. Ethics 105 (4):916-.
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  21. Frederick Schauer (1995). Review: Acts, Omissions, and Constitutionalism. [REVIEW] Ethics 105 (4):916 - 926.
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  22. Frederick Schauer (1994). Fuller's Internal Point of View. Law and Philosophy 13 (3):285 - 312.
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  23. Frederick Schauer (1994). Norm and Nature. Canadian Journal of Philosophy 24 (3):495-509.
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  24. Frederick Schauer (1993). The Phenomenology of Speech and Harm. Ethics 103 (4):635-653.
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  25. Frederick Schauer (1992). Messages, Motives, and Hate Crimes. Criminal Justice Ethics 11 (2):52-54.
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  26. Frederick Schauer (1992). The Right to Die as a Case Study in Third-Order Decisionmaking. Journal of Medicine and Philosophy 17 (6):573-587.
    Using the right to die and the United States Supreme Court case of Cruzan v. Director, Missouri Department of Health as exemplars, this article explores the notion of third-order decisionmaking. If first order decisionmaking is about what should happen, and second-order decisionmaking is about who should decide what should happen, then third-order decisionmaking is about who should decide who decides. This turns out to be an apt characterization of constitutionalism, which is centrally concerned with the allocation of responsibility for making (...)
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  27. Frederick F. Schauer (1991). Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life. Oxford University Press.
    Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...)
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  28. Frederick Schauer (1987). Rights as Rules. Law and Philosophy 6 (1):115 - 119.
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  29. Frederick Schauer (1984). Review Essay / Decriminalization and the Constitution. Criminal Justice Ethics 3 (1):76-84.
    David A. J. Richards, Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization Totowa, N.J.: Rowman and Littlefield, 1982, xii + 316 pp.
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  30. Frederick F. Schauer (1982). Free Speech: A Philosophical Enquiry. Cambridge University Press.
     
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  31. Frederick Schauer (1981). Can Rights Be Abused? Philosophical Quarterly 31 (124):225-230.
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  32. Frederick Schauer (1981). Judging Justice: An Introduction to Contemporary Political Philosophy. Philosophical Books 22 (4):239-241.
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  33. Frederick Schauer (1981). Moral Principles and Political Obligations. Philosophical Books 22 (3):152-154.
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  34. Frederick Schauer (1980). Government and the Mind. Philosophical Books 21 (1):41-43.
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