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Frederick Schauer [43]Frederick F. Schauer [4]
  1. Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life.Frederick F. Schauer - 1991 - 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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  2. Was Austin Right After All? On the Role of Sanctions in a Theory of Law.Frederick Schauer - 2010 - 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, as (...)
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  3. Free Speech: A Philosophical Enquiry.Frederick F. Schauer - 1982 - Cambridge University Press.
  4.  20
    Free Speech on Tuesdays.Frederick Schauer - 2015 - Law and Philosophy 34 (2):119-140.
  5.  6
    The Social Construction of the Concept of Law: A Reply to Julie Dickson.Schauer Frederick - 2005 - Oxford Journal of Legal Studies 25 (3):493-501.
  6.  44
    Neuroscience, Lie-Detection, and the Law.Frederick Schauer - 2010 - Trends in Cognitive Sciences 14 (3):101-103.
  7.  49
    Bentham on Presumed Offences.Frederick Schauer - 2011 - 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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  8.  43
    Can Public Figures Have Private Lives?Frederick Schauer - 2000 - Social Philosophy and Policy 17 (2):293.
    A rash of very public scandals, of which the behavior of President Clinton and the activities of the late Princess Diana are merely the most famous examples, has raised the question of the appropriateness of the disclosure, or the newsworthiness, of the so-called “private” lives of so-called “public” figures or “public” officials. That is the question I address in this essay.
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  9. Positivism Through Thick and Thin.Frederick Schauer - 1998 - In Brian Bix (ed.), Analyzing Law: New Essays in Legal Theory. Oxford University Press. pp. 65--78.
     
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  10.  40
    In Defense of Rule-Based Evidence Law – and Epistemology Too.Frederick Schauer - 2008 - 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. The Philosophy of Law Classic and Contemporary Readings with Commentary.Frederick F. Schauer & Walter Sinnott-Armstrong - 1996
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  12.  57
    The Phenomenology of Speech and Harm.Frederick Schauer - 1993 - Ethics 103 (4):635-653.
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  13.  14
    Free Speech and the Social Construction of Privacy.Schauer Frederick - 2001 - Social Research 68 (1):221-234.
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  14.  26
    Introduction.Sinnott-Armstrong Walter & Schauer Frederick - 2008 - Episteme 5 (3):251-252.
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  15.  49
    Balancing, Subsumption, and the Constraining Role of Legal Text.Frederick Schauer - 2010 - Law and Ethics of Human Rights 4 (1):35-45.
  16. Positivism as Pariah.Frederick Schauer - 1996 - In Robert P. George (ed.), The Autonomy of Law: Essays on Legal Positivism. Oxford University Press. pp. 31--55.
     
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  17.  29
    Can Rights Be Abused?Frederick Schauer - 1981 - Philosophical Quarterly 31 (124):225-230.
  18.  19
    On the Utility of Religious Toleration.Frederick Schauer - 2016 - Criminal Law and Philosophy 10 (3):479-492.
    Brian Leiter’s Why Tolerate Religion? valuably clarifies the issues involved in granting religion-specific accommodations 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 welfare-maximization. A more traditional and (...)
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  19.  14
    The Right to Die as a Case Study in Third-Order Decisionmaking.Frederick Schauer - 1992 - 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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  20.  35
    Rights as Rules.Frederick Schauer - 1987 - Law and Philosophy 6 (1):115 - 119.
  21.  4
    Does Simplicity Bring Liberty?Frederick Schauer - 1997 - Critical Review 11 (3):393-406.
    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 becomes true by definition, and that Epstein avoids taking on the important and interesting questions of (...)
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  22.  28
    Fuller's Internal Point of View.Frederick Schauer - 1994 - Law and Philosophy 13 (3):285 - 312.
  23.  4
    A Reply to Five Friends.Frederick Schauer - 2016 - Ratio Juris 29 (3):348-363.
    For an academic, there is no greater reward than having one's scholarship taken seriously. The five distinguished scholars who have contributed to this symposium on The Force of Law have done just that, with varying degrees of agreement and disagreement, praise and criticism. But even critical commentary, and perhaps especially critical commentary, is evidence of serious engagement. More importantly, the commentaries contained here have advanced our understanding of law in valuable ways. I respond to each in this reply, but with (...)
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  24.  19
    Is There a Psychology of Judging?Frederick Schauer - manuscript
    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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  25.  11
    Norm and Nature.Frederick Schauer - 1994 - Canadian Journal of Philosophy 24 (3):495-509.
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  26.  5
    In Defence of Rule-Based Evidence Law and Epistemology Too.Frederick Schauer - 2008 - Episteme 5 (3):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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  27.  2
    Critical Notice.Frederick Schauer - 1994 - Canadian Journal of Philosophy 24 (3):495-509.
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  28.  3
    The Generality of Rights.Frederick Schauer - 2000 - 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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  29.  8
    Review Essay / Decriminalization and the Constitution.Frederick Schauer - 1984 - 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.  6
    Messages, Motives, and Hate Crimes.Frederick Schauer - 1992 - Criminal Justice Ethics 11 (2):52-54.
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  31.  6
    Acts, Omissions, and Constitutionalism:The Partial Constitution. Cass R. Sunstein.Frederick Schauer - 1995 - Ethics 105 (4):916-.
  32.  3
    Moral Principles and Political Obligations.Frederick Schauer - 1981 - Philosophical Books 22 (3):152-154.
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  33.  1
    Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life.William H. Wilcox & Frederick Schauer - 1994 - Philosophical Review 103 (1):169.
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  34.  3
    Review: Acts, Omissions, and Constitutionalism. [REVIEW]Frederick Schauer - 1995 - Ethics 105 (4):916 - 926.
  35.  2
    Government and the Mind.Frederick Schauer - 1980 - Philosophical Books 21 (1):41-43.
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  36.  3
    Judging Justice: An Introduction to Contemporary Political Philosophy.Frederick Schauer - 1981 - Philosophical Books 22 (4):239-241.
  37. Book Review: When the State Speaks, What Should It Say? How Democracies Can Protect Expression and Promote Equality, by Corey BrettschneiderWhen the State Speaks, What Should It Say? How Democracies Can Protect Expression and Promote Equality, by BrettschneiderCorey. Princeton: Princeton University Press, 2012. [REVIEW]Frederick Schauer - 2014 - Political Theory 42 (4):498-501.
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  38. Balancing, Subsumption, and the Constraining Role of Legal Text: An Academic Comment On: The Construction of Constitutional Rights by Robert Alexy.Frederick Schauer - 2010 - Law and Ethics of Human Rights 4 (1).
    Robert Alexy has for many years been a prominent analyst of the role of principles in legal argumentation, and an equally prominent defender of the rationality of balancing and proportionality modes of legal decision-making. But although Alexy's defense of proportionality and balancing against charges by Jürgen Habermas and Justice Antonin Scalia that balancing is essentially an irrational process is sound, Alexy in the process is too quick to collapse the important differences between the process of balancing competing principles and the (...)
     
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  39. Free Speech: A Philosophical Enquiry.Frederick Schauer - 1984 - Philosophy and Rhetoric 17 (3):176-178.
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  40. Generality and Equality.Frederick Schauer - 1997 - Law and Philosophy 16 (3):279-297.
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  41. Is Defeasibility an Essential Property of Law?Frederick Schauer - 2012 - In Jordi Ferrer Beltrán & Giovanni Battista Ratti (eds.), The Logic of Legal Requirements: Essays on Defeasibility. Oxford University Press.
     
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  42. Introduction: The Legal Construction of Privacy.Frederick Schauer - 2001 - Social Research 68 (1):51-53.
  43. Legal Fictions Revisited.Frederick Schauer - 2015 - In William Twining & Maksymilian Del Mar (eds.), Legal Fictions in Theory and Practice. Springer Verlag.
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  44. On the Nature of the Nature of Law.Frederick Schauer - 2012 - Archiv für Rechts- Und Sozialphilosophie 98 (4):457-467.
    What is it for something to have a nature? And what is it for law to have a nature? Analysis of the concept of law has often been taken to be a search for the essential features of law, but it is not clear that the nature of a phenomenon or artifact is better explained by its essential features than by its common ones. And it is not clear that necessary truths have more explanatory value than typical truths. Especially -- (...)
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  45. Philosophy of Law: Classic and Contemporary Readings with Commentary.Frederick Schauer & Walter Sinnott-Armstrong - 2001 - Oxford University Press USA.
    Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. (...)
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  46. Rules and Reasoning: Essays in Honour of Fred Schauer.Frederick F. Schauer & Linda Meyer (eds.) - 1999 - Hart.