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John Gardner [73]Jane F. Gardner [31]Jane Gardner [29]J. Gardner [15]
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Profile: John Gardner (James Madison University)
Profile: John Gardner (Oxford University)
Profile: Jessica Gardner (Belmont University)
Profile: Julia Gardner
Profile: Jacob Gardner (Duke University)
Profile: Jeffrey Daniel Gardner (University of Tartu)
  1.  49
    Offences and Defences: Selected Essays in the Philosophy of Criminal Law.John Gardner - 2007 - 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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  2.  82
    A Comparison of Socially Responsible and Conventional Investors.Jonathan McLachlan & John Gardner - 2004 - 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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  3. What is Tort Law For? Part 1. The Place of Corrective Justice.John Gardner - 2011 - 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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  4. Legal Positivism: 5½ Myths.John Gardner - 2001 - American Journal of Jurisprudence 46 (1):199-227.
  5.  8
    The Opposite of Rape.John Gardner - forthcoming - Oxford Journal of Legal Studies.
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  6.  17
    Law as a Leap of Faith: Essays on Law in General.John Gardner - 2012 - 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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  7. The Logic of Excuses and the Rationality of Emotions.John Gardner - 2009 - 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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  8. Complicity and Causality.John Gardner - 2007 - 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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  9.  20
    The Mark of Responsibility.John Gardner - 2003 - 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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  10. LEGAL POSITIVISM: 5 1/2 MYTHS.John Gardner - 2001 - American Journal of Jurisprudence 46 (1):199-227.
  11. Justification Under Authority.John Gardner - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):71-98.
    In a recent paper in the Yale Law Journal, Malcolm Thorburn argued that to enjoy a justificatory defence in the criminal law is to have a normative power that is exercised in the circumstances which give rise to the justification. He also argued that where such powers are conferred on private citizens, those citizens should be understood as acting as public officials pro tempore when they exercise them. In this extended reply, I resist both propositions and reply to some of (...)
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  12. Hart on Responsibility.John Gardner - 2008 - In Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.), The Legacy of H.L.A. Hart: Legal, Political and Moral Philosophy. Oxford University Press.
     
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  13. Law and Morality.John Gardner - 2010 - In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
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  14. Some Types of Law.John Gardner - manuscript
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  15.  30
    The Legality of Law.John Gardner - 2004 - Ratio Juris 17 (2):168-181.
  16. Reasons, Reasoning, Reasonableness.John Gardner & Timothy Macklem - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
     
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  17.  84
    How Law Claims, What Law Claims.John Gardner - 2012 - 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 moral (...)
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  18.  63
    Prohibiting Immoralities.John Gardner - manuscript
    Destined for the Cardozo Law Review. Posted 28 November 2006.
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  19. Hart on Legality, Justice and Morality.John Gardner - 2010 - 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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  20.  64
    The Many Faces of the Reasonable Person.John Gardner - unknown
    In this paper I attempt a general explanation of the role played by the reasonable person in law, especially but not only in the common law. I relate my explanation to some problems about the very nature of law, and some problems about the ideal of the rule of law.
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  21.  27
    Wrongs and Faults.John Gardner - 2005 - Review of Metaphysics 59 (1):95 - 132.
  22.  51
    The Wrongdoing That Gets Results.John Gardner - 2004 - Philosophical Perspectives 18 (1):53–88.
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  23.  70
    Relations of Responsibility.John Gardner - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press. pp. 87--102.
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  24. Cross-Modality Priming in Stem Completion Reflects Conscious Memory, but Not Voluntary Memory.A. Richardson-Klavehn & J. M. Gardner - 1996 - Psychonomic Bulletin and Review 3:238-44.
  25.  22
    Wrongdoing by Results: Moore's Experiential Argument.John Gardner - 2012 - 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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  26.  83
    Reasons and Abilities: Some Preliminaries.John Gardner - 2013 - 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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  27. Law's Aims in Law's Empire.John Gardner - 2006 - In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
     
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  28. Torts and Other Wrongs.John Gardner - unknown
    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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  29.  39
    Desert and Avoidability in Self-Defense.John Gardner & François Tanguay-Renaud - 2011 - Ethics 122 (1):111-134.
  30. Nearly Natural Law.John Gardner - 2007 - American Journal of Jurisprudence 52 (1):1-23.
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  31. Christopher Kutz, Complicity: Ethics and Law for a Collective Age:Complicity: Ethics and Law for a Collective Age.John Gardner - 2004 - Ethics 114 (4):827-830.
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  32.  15
    On the General Part of the Criminal Law.John Gardner - 1998 - In Antony Duff (ed.), Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press. pp. 205--256.
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  33. Simply in Virtue of Being Human': The Whos and Whys of Human Rights.John Gardner - 2008 - 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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  34. Wrongdoing by Results: Moore's Experiential Argument: Wrongdoing by Results.John Gardner - 2012 - Legal Theory 18 (4):459-471.
    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 “experiential argument.” In this comment I attempt to analyze Moore's “experiential argument” in some detail and thereby to bring out (...)
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  35. Wrongdoing by Results: Moore's Experiential Argument.John Gardner - 2012 - Legal Theory 18 (4):459-471.
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  36.  2
    Coevolution of the Cosmic Past and Future: The Selfish Biocosm as a Closed Timelike Curve: A Recipe for Cosmic Ontogeny and a Blueprint for Cosmic Reproduction.James N. Gardner - 2005 - Complexity 10 (5):14-21.
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  37.  5
    The Selfish Biocosm.James N. Gardner - 2000 - Complexity 5 (3):34.
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  38.  1
    Controlling Futures? Online Genetic Testing and Neurodegenerative Disease.Narelle Warren & John Gardner - 2017 - Journal of Bioethical Inquiry 14 (4):593-594.
    Online personalized genetic testing services offer accessible and convenient options for satisfying personal curiosity about health and obtaining answers about one’s genetic provenance. They are especially attractive to healthy people who wish to learn about their future risk of disease, as Paul Mason’s case study of “Jordan” illustrates. In this response, we consider how online genetic testing services are used by people diagnosed with a common neurodegenerative disease, Parkinson’s disease, to gain a sense of certainty regarding the future.
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  39. Ethics and Law.John Gardner - 2010 - In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
     
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  40.  97
    Hart and Feinberg on Responsibility.John Gardner - 2008 - 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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  41.  21
    Fifteen Themes From Law as a Leap of Faith.John Gardner - 2015 - Jurisprudence 6 (3):601-623.
    This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.
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  42.  11
    Discrimination as Injustice.J. Gardner - 1996 - Oxford Journal of Legal Studies 16 (3):353-368.
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  43.  15
    Liberals and Unlawful Discrimination.John Gardner - 1989 - Oxford Journal of Legal Studies 9 (1):1-22.
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  44.  85
    Value, Interest, and Well-Being.Timothy Macklem & John Gardner - 2006 - 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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  45. Paradigmatic Action.John Gardner - manuscript
    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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  46.  2
    On Moral Fiction.John Gardner - 1978 - Journal of Aesthetics and Art Criticism 37 (2):226-228.
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  47. Relating to Responsibility Essays for Tony Honoré on His Eightieth Birthday.Peter Cane, John B. Gardner & Tony Honoré - 2001
     
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  48.  18
    Review: Kasper Lippert-Rasmussen, Born Free and Equal? A Philosophical Inquiry Into the Nature of Discrimination. [REVIEW]John Gardner - 2015 - Ethics 125 (4):1204-1210.
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  49.  9
    Reasons for Teamwork.John Gardner - 2002 - Legal Theory 8 (4):495-509.
  50.  64
    Reply to Critics.John Gardner - manuscript
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