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John Gardner [82]John Fentress Gardner [2]John B. Gardner [1]John A. Gardner [1]
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John Gardner
Oxford University
John Gardner
James Madison University
  1.  78
    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. Legal Positivism: 5½ Myths.John Gardner - 2001 - American Journal of Jurisprudence 46 (1):199-227.
  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.  94
    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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  5. LEGAL POSITIVISM: 5 1/2 MYTHS.John Gardner - 2001 - American Journal of Jurisprudence 46 (1):199-227.
  6. 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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  7. 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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  8.  13
    Learning From Deep Brain Stimulation: The Fallacy of Techno-Solutionism and the Need for ‘Regimes of Care’.John Gardner & Narelle Warren - 2019 - Medicine, Health Care and Philosophy 22 (3):363-374.
    Deep brain stimulation is an effective treatment for the debilitating motor symptoms of Parkinson’s disease and other neurological disorders. However, clinicians and commentators have noted that DBS recipients have not necessarily experienced the improvements in quality of life that would be expected, due in large part to what have been described as the ‘psychosocial’ impacts of DBS. The premise of this paper is that, in order to realise the full potential of DBS and similar interventions, clinical services need to be (...)
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  9. From Personal Life to Private Law.John Gardner - 2018 - Oxford University Press.
    The book examines the philosophical foundations of private law, arguing that the foremost preoccupations of the law of obligations are grounded in and pervade the personal lives of individuals.
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  10.  33
    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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  11. 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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  12.  39
    The Opposite of Rape.John Gardner - 2018 - Oxford Journal of Legal Studies 38 (1):48-70.
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  13.  28
    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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  14. 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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  15. Law as a Leap of Faith: And Other Essays on Law in General.John Gardner - 2012 - Oxford University Press UK.
    How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...)
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  16. Torts and Other Wrongs.John Gardner - 2019 - Oxford University Press.
    This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
     
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  17.  8
    Patients’ Weighing of the Long-Term Risks and Consequences Associated With Deep Brain Stimulation in Treatment-Resistant Depression.Cassandra Thomson, Rebecca Segrave, John Gardner & Adrian Carter - 2018 - American Journal of Bioethics Neuroscience 9 (4):243-245.
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  18.  60
    The Wrongdoing That Gets Results.John Gardner - 2004 - Philosophical Perspectives 18 (1):53–88.
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  19.  32
    Wrongs and Faults.John Gardner - 2005 - Review of Metaphysics 59 (1):95 - 132.
    THE ELEMENTARY MORAL DISTINCTION. The ultimate objects of moral assessment are people and their lives. I will call this the "elementary moral distinction." Many today seem to have lost sight of it. How often are we told that we should show respect for other people, only to discover that what we are actually being asked to show respect for is how those other people live? The equation of the two should be resisted. We do not always respect a person by (...)
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  20.  37
    The Legality of Law.John Gardner - 2004 - Ratio Juris 17 (2):168-181.
  21.  37
    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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  22. 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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  23. Reasons, Reasoning, Reasonableness.John Gardner & Timothy Macklem - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  24. Nearly Natural Law.John Gardner - 2007 - American Journal of Jurisprudence 52 (1):1-23.
  25. 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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  26. 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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  27. Some Types of Law.John Gardner - manuscript
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  28. Desert and Avoidability in Self-Defense.John Gardner & François Tanguay-Renaud - 2011 - Ethics 122 (1):111-134.
  29.  75
    III—Discrimination: The Good, the Bad, and the Wrongful.John Gardner - 2018 - Proceedings of the Aristotelian Society 118 (1):55-81.
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  30.  25
    Law as a Leap of Faith as OTHERS See IT.John Gardner - 2014 - Law and Philosophy 33 (6):813-842.
    This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.
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  31. 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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  32. Prohibiting Immoralities.John Gardner - manuscript
    Destined for the Cardozo Law Review. Posted 28 November 2006.
     
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  33. Wrongs and Faults.John Gardner - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
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  34. 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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  35. Law and Morality.John Gardner - 2010 - In John Skorupski (ed.), The Routledge Companion to Ethics. Routledge.
     
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  36.  40
    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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  37.  25
    Liberals and Unlawful Discrimination.John Gardner - 1989 - Oxford Journal of Legal Studies 9 (1):1-22.
  38. Reasons.John Gardner & Timothy Macklem - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  39.  34
    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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  40. 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.
  41. Simply in Virtue of Being Human': The Whos and Whys of Human Rights.John Gardner - 2007 - Journal of Ethics and Social Philosophy 2 (2):1-23.
    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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  42.  25
    Reasons for Teamwork.John Gardner - 2002 - Legal Theory 8 (4):495-509.
  43. 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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  44. Assessment and Learning.John Gardner - 2006 - British Journal of Educational Studies 54 (3):385-387.
     
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  45.  77
    Can There Be a Written Constitution?John Gardner - 2011 - 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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  46. 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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  47.  16
    The Idea of a Pure Theory of Law. [REVIEW]John Gardner - 2019 - Jurisprudence 10 (1):118-120.
    Volume 10, Issue 1, March 2019, Page 118-120.
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  48.  7
    On Moral Fiction.John Gardner - 1978 - Journal of Aesthetics and Art Criticism 37 (2):226-228.
  49.  62
    How Does Coherence Matter?John Gardner - manuscript
    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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  50.  9
    Is Fragmented Financing Bad for Your Health?Steven D. Pizer & John A. Gardner - 2011 - Inquiry: The Journal of Health Care Organization, Provision, and Financing 48 (2):109-122.
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