15 found
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John Oberdiek [14]John Fredrick Karl Oberdiek [1]John F. K. Oberdiek [1]
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John Oberdiek
Rutgers University - New Brunswick
  1.  44
    Towards a Right Against Risking.John Oberdiek - 2009 - Law and Philosophy 28 (4):367 - 392.
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  2.  63
    The Moral Significance of Risking.John Oberdiek - 2012 - Legal Theory 18 (3):339-356.
    What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...)
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  3.  52
    Specifying Rights Out of Necessity.John Oberdiek - 2008 - Oxford Journal of Legal Studies 28 (1):19.
    It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception of rights, identifying the (...)
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  4.  63
    Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights.John Oberdiek - 2004 - Law and Philosophy 23 (4):325 - 346.
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space around an individual." (...)
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  5.  29
    Culpability and the Definition of Deontological Constraints.John Oberdiek - 2008 - Law and Philosophy 27 (2):105 - 122.
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  6.  50
    Philosophical Issues in Tort Law.John Oberdiek - 2008 - Philosophy Compass 3 (4):734-748.
    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.
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  7.  26
    What's Wrong with Infringements (Insofar as Infringements Are Not Wrong): A Reply.John Oberdiek - 2008 - Law and Philosophy 27 (3):293 - 307.
    An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of right infringements is secure. In this reply, I explain (...)
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  8.  4
    The Ideal of Justice.John Oberdiek - 2014 - Jurisprudence 5 (2):363-368.
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  9.  9
    Introductions.Kimberly Kessler Ferzan & John F. K. Oberdiek - 2013 - Law and Philosophy 32 (1):1-1.
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  10.  9
    Reasons, Motivation, and Sexism.John Oberdiek - 2001 - American Journal of Bioethics 1 (1):38 – 39.
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  11.  32
    Arguing About Law.Aileen Kavanagh & John Oberdiek (eds.) - 2008 - Routledge.
    _Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...)
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  12. Imposing Risk: A Normative Framework.John Oberdiek - 2017 - Oxford University Press UK.
    We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights (...)
     
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  13. Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology.John Oberdiek & Dennis Patterson - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
  14. Philosophical Foundations of the Law of Torts.John Oberdiek (ed.) - 2014 - Oxford University Press UK.
    This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
     
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  15. Specifying Constitutional Rights.John Oberdiek - 2010 - Constitutional Commentary 271 (1).