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Andrew Halpin
Swansea University
  1.  39
    Disproving the Coase Theorem?Andrew Halpin - 2007 - 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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  2.  14
    Choosing Axioms of Correlativity.Andrew Halpin - 2019 - American Journal of Jurisprudence 64 (2):225-258.
    This article explores an axiomatic approach to distinguishing different usages of correlativity and investigates Hurd and Moore’s disagreement with Hohfeldian correlativity, in terms of a choice of axioms. Detailed critical consideration is provided of three negative steps, ascribing theoretical positions to Hohfeld that Hurd and Moore wish to amend or depart from; and three positive steps taken towards vindicating their stated objectives of avoiding moral combat and providing recognition to active rights. The conclusion is reached that the actual state of (...)
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  3.  38
    Rights and Law: Analysis and Theory.Andrew Halpin - 1997 - 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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  4. The Methodology of Jurisprudence: Thirty Years Off The Point.Andrew Halpin - 2006 - 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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  5. Conceptual Collisions.Andrew Halpin - 2011 - Jurisprudence 2 (2):507-519.
    Philosophy for International Lawyers: A review of Samantha Besson and John Tasioulas, The Philosophy of International Law by Patrick Capps.
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  6.  11
    No-Right and its Correlative.Andrew Halpin - 2021 - American Journal of Jurisprudence 65 (2):147-166.
    : This article aims to dispel the confusion over no-right by drawing attention to three straightforward points, and by examining a neglected source of complexity. The former embrace the practical significance of a no-right within Hohfeld’s scheme; the important difference between the practical significance of a normative position and the theoretical status of the concept representing it; and, the relationship between logical duals and contradictories when applied to normative positions. The complexity is associated with liberty as the correlative of no-right, (...)
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  7.  16
    Concepts, Terms, and Fields of Enquiry.Andrew Halpin - 1998 - 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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  8. Some Aspects of the Relationship Between the Analysis of Rights and the General Theory of Law.Andrew Halpin - 1994
     
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  9. The Province of Jurisprudence Contested: Critical Notice: The Province of Jurisprudence Democratized by Allan Hutchinson.Andrew Halpin - 2010 - 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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  10. The Search for Law: A Review of Mariano Croce, Self-Sufficiency of Law: A Critical-Institutional Theory of Social Order. [REVIEW]Andrew Halpin - 2014 - Jurisprudence 5 (2):409-420.
  11. In Pursuit of Pluralist Jurisprudence.Nicole Roughan & Andrew Halpin (eds.) - 2017 - Cambridge University Press.
    The pluralist turn in jurisprudence has led to a search for new ways of thinking about law. The relationships between state law and other legal orders such as international, customary, transnational or indigenous law are particularly significant in this development. Collecting together new work by leading scholars in the field, this volume considers the basic questions about what would be an appropriate theoretical response to this shift: how precisely is it to be undertaken? Is it called for by developments in (...)
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  12.  17
    Eleftheriadis , Pavlos . Legal Rights .Oxford: Oxford University Press, 2008. Pp. 186. $85.00 (Cloth).Andrew Halpin - 2011 - Ethics 121 (3):652-657.
  13.  28
    Rights, Duties, Liabilities, and Hohfeld.Andrew Halpin - 2007 - 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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  14.  14
    Or, Even, What the Law Can Teach the Philosophy of Language: A Response to Green's Dworkin's Fallacy.Andrew Halpin - unknown
    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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  15.  9
    Rights and Reasons: A Response to Harel.Andrew Halpin - 1998 - 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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  16.  29
    More Comments on Rights and Claims.Andrew Halpin - 1991 - 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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  17.  1
    The Search for Law. [REVIEW]Andrew Halpin - 2014 - Jurisprudence 5 (2):409-420.
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