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John Gardner [59]John Fentress Gardner [1]John A. Gardner [1]
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Profile: John Gardner (James Madison University)
Profile: John Gardner (Oxford University)
  1. John Gardner, Evolutionary Psychology.
     
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  2. John Gardner, Legal Philosophy: Five Questions.
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  3. John Gardner, Paradigmatic Action.
    Harry Frankfurt and J. David Velleman both offer accounts of paradigmatic action. To greatly oversimplify, Frankfurt roots our agency in our capacity to care, while Velleman places it in our cognitive capacity to make sense of ourselves. This paper argues that both views have an important piece of the truth. The paper advances a pluralistic account of paradigmatic agency. (updated 7/30/07).
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  4. John Gardner, Prohibiting Immoralities.
    Destined for the Cardozo Law Review. Posted 28 November 2006.
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  5. John Gardner, Reply to Critics.
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  6. John Gardner, Supervaluationism and its Logics.
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  7. John Gardner, State or Process Requirements?
    Mind 116:462 (2007): 371–85. (A reply to John Broome’s comment, “Wide or Narrow Scope?”).
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  8. John Gardner, Some Types of Law.
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  9. John Gardner, What It is Like to Perceive Colour.
    I argue that the knowledge argument is best understood as an argument for the existence of non-physical properties of material objects, or colours. I suggest that the knowledge argument is standardly presented as an argument for the existence of qualia because it is implicitly assumed that physics “tell us” that what it is like to perceive colour is determined, not by properties of material objects, but by properties of perceiving subjects; hence any gaps in Mary’s knowledge must be gaps in (...)
     
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  10. John Gardner & Timothy Macklem, Human Disability.
    Draft, not yet submitted for publication. Posted 12 February 2008.
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  11. John Gardner, Foster's Case Against Matter.
    This paper has two parts. The first is an exposition of John Foster's argument that ultimate reality, whatever else it might be, is not physical, and could not be. The second part is a somewhat tentative discussion of this argument, in which I consider ways it might be challenged or amended. I suggest that while Foster's argument may not render materialism untenable, at the very least it forces the materialist to adopt certain other controversial views, and so is a (...)
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  12. John Gardner, Justification Under Authority.
    In this paper I discuss and reply to Malcolm Thorburn's important article 'Justifications, Powers, and Authority', Yale Law Journal 117 (2008), 1070. My discussion raises a wide range of conceptual and doctrinal questions about Thorburn's account of justification defences, and about the theory of justfication defences more generally. The paper also trespasses on some broader questions about the nature of law and its relationship to morality.
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  13. John Gardner, Torts and Other Wrongs.
    It is hard to think of any contemporary writers who have done more than John Goldberg and Ben Zipursky to reassert and reinvigorate what might be called the classical interpretation of the common law of torts. I, for one, am greatly in their debt. They have taught me a great deal, not only about torts but also about how to combine legal argument felicitously with philosophical insight and historical scholarship. Like them, and partly because of them, I believe that the (...)
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  14. John Gardner, The Idea of Justice.
    Although famous as an economist, Amartya Sen is no less distinguished as a philosopher. In this he is far from unique. The same went for the founding father of economics, Adam Smith. But in these days of increased academic specialization the combination of philosopher and economist is rarer than once it was. Moreover the philosophical contributions of contemporary economists, such as they are, tend to be relatively narrow. Some, notably John Harsanyi and Thomas Schelling, are rightly lauded by philosophers for (...)
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  15. John Gardner, How Does Coherence Matter?
    Recently, much attention has been paid to ‘rational requirements’ and, especially, to what I call ‘rational requirements of formal coherence as such’. These requirements are satisfied just when our attitudes are formally coherent: for example, when our beliefs do not contradict each other. Nevertheless, these requirements are puzzling. In particular, it is unclear why we should satisfy them. In light of this, I explore the conjecture that there are no requirements of formal coherence. I do so by trying to construct (...)
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  16. John Gardner (forthcoming). I-Egal Positivism: 5 Vi Myths. American Journal of Jurisprudence.
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  17. John Gardner (2013). Finnis on Justice. In John Keown & Robert P. George (eds.), Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press. 151.
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  18. John Gardner (2013). Reasons and Abilities: Some Preliminaries. American Journal of Jurisprudence 58 (1):63-74.
    This paper takes some first steps in a study of the thesis that “ought” implies “can.” Considerable attention is given to the proper interpretation of the thesis, including the interpretation of “ought,” the interpretation of “can,” and the interpretation of “implies.” Having chosen a particular interpretation of the thesis to work on—in some ways its broadest interpretation—the paper tries to bring out some considerations that bear on its truth or falsity. After an excursion into the general theory of value, this (...)
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  19. John Gardner (2012). How Law Claims, What Law Claims. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
    In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's (...)
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  20. John Gardner (2012). Law as a Leap of Faith: Essays on Law in General. Oxford University Press.
    Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.
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  21. John Gardner (2012). Wrongdoing by Results: Moore's Experiential Argument. Legal Theory 1 (1):1-13.
    Michael Moore and I agree about the moral importance of how our actions turn out. We even agree about some of the arguments that establish that moral importance. In Causation and Responsibility, however, Moore foregrounds one argument that I do not find persuasive or even helpful. In fact I doubt whether it even qualifies as an argument. He calls it the In this comment I attempt to analyze Moore's in some detail and thereby to bring out why it does not (...)
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  22. John Gardner (2011). Can There Be a Written Constitution? In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
    The existence of unwritten constitutions, such as that of the UK, strikes some as puzzling. However the existence of unwritten constitutions turns out to be easier to explain than the existence of written constitutions, such as that of the US. In this paper I explore, and attempt to answer, some tricky conceptual questions thrown up by written constitutions.
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  23. John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
    HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition in the way that (...)
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  24. John Gardner (2011). Relations of Responsibility. In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. 87--102.
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  25. John Gardner (2011). What is Tort Law For? Part 1. The Place of Corrective Justice. Law and Philosophy 30 (1):1-50.
    In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...)
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  26. John Gardner & François Tanguay-Renaud (2011). Desert and Avoidability in Self-Defense. Ethics 122 (1):111-134.
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  27. Steven D. Pizer & John A. Gardner (2011). Is Fragmented Financing Bad for Your Health? Inquiry 48 (2):109-122.
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  28. John Gardner (2010). Ethics and Law. In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
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  29. John Gardner (2010). Law and Morality. In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
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  30. John Gardner (2009). Legal Positivism. In Aileen Kavanagh & John Oberdiek (eds.), Arguing About Law. Routledge. 153.
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  31. John Gardner (2009). The Logic of Excuses and the Rationality of Emotions. Journal of Value Inquiry 43 (3):315-338.
    Sometimes emotions excuse. Fear and anger, for example, sometimes excuse under the headings of (respectively) duress and provocation. Although most legal systems draw the line at this point, the list of potentially excusatory emotions outside the law seems to be longer. One can readily imagine cases in which, for example, grief or despair could be cited as part of a case for relaxing or even eliminating our negative verdicts on those who performed admittedly unjustified wrongs. To be sure, the availability (...)
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  32. John Gardner (2008). Hart and Feinberg on Responsibility. In Matthew H. Kramer (ed.), The Legacy of H. Oxford University Press.
    Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.
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  33. John Gardner (2008). Hart on Responsibility. In Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.), The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy. Oup Oxford.
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  34. John Gardner (2008). Review of Douglas Husak, Overcriminalization: The Limits of the Criminal Law. [REVIEW] Notre Dame Philosophical Reviews 2008 (8).
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  35. John Gardner (2008). Simply in Virtue of Being Human': The Whos and Whys of Human Rights. Journal of Ethics and Social Philosophy 2 (2).
    In this paper I raise some questions about the familiar claim, recently reiterated by James Griffin, that human rights are rights that humans have….
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  36. John Gardner (2007). Nearly Natural Law. American Journal of Jurisprudence 52 (1):1-23.
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  37. John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  38. John Gardner (2007). Complicity and Causality. Criminal Law and Philosophy 1 (2):127-141.
    This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.
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  39. John Gardner (2006). Law's Aims in Law's Empire. In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
     
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  40. Timothy Macklem & John Gardner (2006). Value, Interest, and Well-Being. Utilitas 18 (4):362-382.
    In this article we consider and cast doubt on two doctrines given prominence and prestige by the utilitarian tradition in ethics. According to the interest theory of value, value is realized only in the advancement of people's interests. According to the well-being theory of interests, people's interests are advanced only in the augmentation of their well-being. We argue that it is possible to resist these doctrines without abandoning the value-humanist doctrine that the value of anything has to be explained in (...)
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  41. Wayne C. Booth, Dudley Barlow, Orson Scott Card, Anthony Cunningham, John Gardner, Marshall Gregory, John J. Han, Jack Harrell, Richard E. Hart, Barbara A. Heavilin, Marianne Jennings, Charles Johnson, Bernard Malamud, Toni Morrison, Georgia A. Newman, Joyce Carol Oates, Jay Parini, David Parker, James Phelan, Richard A. Posner, Mary R. Reichardt, Nina Rosenstand, Stephen L. Tanner, John Updike, John H. Wallace, Abraham B. Yehoshua & Bruce Young (2005). Ethics, Literature, and Theory: An Introductory Reader. Sheed & Ward.
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  42. John Gardner (2005). Wrongs and Faults. Review of Metaphysics 59 (1):95 - 132.
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  43. John Gardner & Torts as Wrongs (2005). 15 Backward and Forward with Tort Law. In Joseph Keim Campbell, Michael O'Rourke & David Shier (eds.), Law and Social Justice. Mit Press. 255.
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  44. John Gardner (2004). The Legality of Law. Ratio Juris 17 (2):168-181.
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  45. John Gardner (2004). The Wrongdoing That Gets Results. Philosophical Perspectives 18 (1):53–88.
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  46. John Gardner (2004). Christopher Kutz, Complicity: Ethics and Law for a Collective Age:Complicity: Ethics and Law for a Collective Age. Ethics 114 (4):827-830.
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  47. John Gardner & Timothy Macklem (2004). Reasons. In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.
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  48. Jonathan McLachlan & John Gardner (2004). A Comparison of Socially Responsible and Conventional Investors. Journal of Business Ethics 52 (1):11-25.
    Socially responsible investment is a rapidly emerging phenomenon within the field of personal investment. However, the factors that lead investors to choose socially responsible investment products are not well understood, especially in an Australian context. This study provides a comparative examination of conventional and socially responsible investors, with the aim of identifying such factors. A total of 55 conventional investors and 54 ethical investors participated in the study by completing mailed questionnaires about their investment and general behaviour and their attitudes (...)
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  49. John Gardner (2003). Review of Nagel, Thomas, Concealment and Exposure and Other Essays. [REVIEW] Notre Dame Philosophical Reviews 2003 (7).
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  50. John Gardner (2003). The Mark of Responsibility. Oxford Journal of Legal Studies 23 (2):157-171.
    This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the (...)
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