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Larry Alexander [77]Larry A. Alexander [6]Larry D. Alexander [1]
  1.  73
    “Moore or Less” Causation and Responsibility.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (1):81-92.
  2.  31
    Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  3. The Rule of Rules: Morality, Rules, and the Dilemmas of Law.Larry Alexander - 2001 - Duke University Press.
    In "The Rule of Rules" Larry Alexander and Emily Sherwin examine this dilemma.
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  4. Is There a Right of Freedom of Expression?Larry Alexander - 2008 - Law and Philosophy 27 (1):97-104.
    In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...)
     
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  5.  65
    The Moral Magic of Consent (II).Larry Alexander - 1996 - Legal Theory 2 (3):165-174.
    I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.
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  6.  42
    The Ontology of Consent.Larry Alexander - 2014 - Analytic Philosophy 55 (1):102-113.
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  7.  16
    Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
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  8.  48
    You Got What You Deserved.Larry Alexander - 2013 - Criminal Law and Philosophy 7 (2):309-319.
  9. Scheffler on the Independence of Agent-Centered Preogatives From Agent-Centered Restrictions.Larry A. Alexander - 1987 - Journal of Philosophy 84 (5):277-283.
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  10.  63
    Reconsidering the Relationship Among Voluntary Acts, Strict Liability, and Negligence in Criminal Law.Larry Alexander - 1990 - Social Philosophy and Policy 7 (2):84.
    This essay, as will become obvious, owes a huge debt to Mark Kelman, particularly to his article “Interpretative Construction in the Substantive Criminal Law.” That debt is one of both concept and content. There is rich irony in my aping Kelman's deconstructionist enterprise, for I do not share his enthusiasm for either the “insights” or the political agenda of the Critical Legal Studies movement. I do not believe that either the law in general or the criminal law in particular is (...)
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  11.  26
    Can Self-Defense Justify Punishment?Larry Alexander - 2013 - Law and Philosophy 32 (2-3):159-175.
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  12.  17
    Facts, Law, Exculpation, and Inculpation: Comments on Simons.Larry Alexander - 2009 - Criminal Law and Philosophy 3 (3):241-245.
    Orthodox criminal law doctrine treats mistakes of law and mistakes of fact differently for purposes of both exculpation and inculpation. Kenneth Simons’ paper in general defends this orthodoxy. I have earlier criticized the criminal law’s attempt to distinguish mistakes of law from mistakes of fact, and I continue to maintain, in opposition to Simons, that the distinction is problematic.
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  13.  80
    Self-Defense, Justification and Excuse.Larry Alexander - 1993 - Philosophy and Public Affairs 22 (1):53-66.
  14. Retributivism and the Inadvertent Punishment of the Innocent.Larry Alexander - 1983 - Law and Philosophy 2 (2):233 - 246.
    Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also (...)
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  15.  38
    Inculpatory and Exculpatory Mistakes and the Fact/Law Distinction: An Essay in Memory of Myke Balyes. [REVIEW]Larry Alexander - 1993 - Law and Philosophy 12 (1):33 - 70.
  16.  53
    Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW]Larry Alexander - 2005 - Law and Philosophy 24 (6):611-643.
  17.  78
    Fair Equality of Opportunity.Larry A. Alexander - 1985 - Philosophy Research Archives 11:197-208.
    Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all (...)
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  18.  44
    Response to Critics.Larry Alexander & Kimberly Kessler Ferzan - 2010 - Law and Philosophy 29 (4):483-504.
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  19. Criminal Liability for Omissions - An Inventory of Issues.Larry Alexander - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  20. Liberalism, Neutrality, and Equality of Welfare Vs. Equality of Resources.Larry Alexander & Maimon Schwarzschild - 1987 - Philosophy and Public Affairs 16 (1):85-110.
  21.  9
    Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation.Larry Alexander - 2010 - Legal Theory 16 (2):77-90.
    The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
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  22.  52
    Waluchows —Living Tree Constitutionalism. [REVIEW]Larry Alexander - 2010 - Law and Philosophy 29 (1):93 - 99.
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  23. Constitutionalism: Philosophical Foundations.Larry Alexander (ed.) - 1998 - Cambridge University Press.
    This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...)
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  24.  39
    Scalar Properties, Binary Judgments.Larry Alexander - 2008 - Journal of Applied Philosophy 25 (2):85–104.
    In the moral realm, our deontic judgments are usually (always?) binary. An act (or omission) is either morally forbidden or morally permissible. 1 Yet the determination of an act's deontic status frequently turns on the existence of properties that are matters of degree. In what follows I shall give several examples of binary moral judgments that turn on scalar properties, and I shall claim that these examples should puzzle us. How can the existence of a property to a specific degree (...)
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  25.  92
    Self-Defense, Punishment, and Proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
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  26.  37
    Law and Exclusionary Reasons.Larry Alexander - 1990 - Philosophical Topics 18 (1):5-22.
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  27.  43
    Pursuing the Good-Indirectly.Larry Alexander - 1985 - Ethics 95 (2):315-332.
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  28.  89
    Striking Back at the Empire: A Brief Survey of Problems in Dworkin's Theory of Law. [REVIEW]Larry Alexander - 1987 - Law and Philosophy 6 (3):419 - 438.
    In Law's Empire Dworkin remains committed to carving out a middleground between natural law and legal positivism. But natural law andlegal positivism are best viewed as complementary answers to differ-ent questions, There is no middle ground between them. Nor is thequestion that Dworkin's Integrity asks one that could be coherentlyanswered i f it were an important question. Fortunately, it is not.
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  29.  88
    Causation and Corrective Justice: Does Tort Law Make Sense? [REVIEW]Larry A. Alexander - 1987 - Law and Philosophy 6 (1):1 - 23.
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  30.  58
    Consent, Punishment, and Proportionality.Larry Alexander - 1986 - Philosophy and Public Affairs 15 (2):178-182.
  31.  39
    Affirmative Duties and the Limits of Self-Sacrifice.Larry Alexander - 1996 - Law and Philosophy 15 (1):65 - 74.
    American criminal law reflects the absence of any general duty of Good Samaritanism. Nonetheless, there are some circumstances in which it imposes affirmative duties to aid others. In those circumstances, however, the duty to aid is canceled whenever aiding subjects the actor to a certain level of risk or sacrifice, a level that can be less than the risk or sacrifice faced by the beneficiary if not aided. In this article, I demonstrate that this approach to limiting affirmative duties to (...)
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  32.  74
    What is Freedom of Association, and What is its Denial?Larry Alexander - 2008 - Social Philosophy and Policy 25 (2):1-21.
    Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.
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  33.  28
    What Are Constitutions, and What Should They Do?Larry Alexander - 2011 - Social Philosophy and Policy 28 (1):1-24.
    A constitution is, as Article VI of the United States Constitution declares, the fundamental law of the land, supreme as a legal matter over any other nonconstitutional law. But that almost banal statement raises a number of theoretically vexed issues. What is law? How is constitutional law to be distinguished from nonconstitutional law? How do morality and moral rights fit into the picture? And what are the implications of the answers to these questions for such questions as how and by (...)
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  34.  24
    Practical Reason and Statutory Interpretation.Larry Alexander - 1993 - Law and Philosophy 12 (3):319 - 328.
    I examine the "practical reason" approach to statutory interpretation, according to which the interpreter should look not only to text, legislative history, and other indicia of legislative intent, but also to post-enactment history and current values. I argue that if "practical reason" represents an epistemology of statutory interpretation, its proponents owe us an account of statutory ontology, without which their claims cannot be evaluated. On the other hand, if the practical reason approach claims to be itself an account of statutory (...)
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  35.  38
    What's Inside and Outside the Law?Larry Alexander - 2012 - Law and Philosophy 31 (2):213-241.
    In this article I take up a conceptual question: What is the distinction between ‘the law’ and the behavior the law regulates, or, as I formulate it, the distinction between what is ‘inside’ the law and what is ‘outside’ it? That conceptual question is in play in (at least) three different doctrinal domains: the constitutional law doctrines regarding the limits on the delegation of legislative powers; the criminal law doctrines regarding mistakes of law; and the constitutional rights doctrines that turn (...)
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  36.  11
    Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations.Larry Alexander - 1996 - Legal Theory 2 (2):87-88.
    Legal and social norms regarding gender relations have undergone dramatic changes in the past 25 years. The changes have come about largely because of the confluence of changing economic and technological realities, the unfolding of the norm dictating equal treatment of individuals, the sexual revolution and its corollaries of improved contraception and legal abortion, the rise of women as a self-conscious group and a presence in the academy, and the interrelations of all of these factors. As men and women have (...)
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  37. The Philosophy of Criminal Law.Larry Alexander - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
     
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  38.  24
    Other People's Errors.Larry Alexander - 2013 - Ethical Theory and Moral Practice 16 (5):1049-1059.
    The question of when other people’s bad acts belong on our moral ledger arises in a number of different scenarios. Each scenario has received some philosophical attention, but no one has noted the structural similarities of these various scenarios or the implications of a proposed approach to one for how the others should be approached. That is the ambition of this article. In it, seemingly disparate moral phenomena—blunt rules, preemptive restrictions, moral blackmail, complicity, retreat and proportional response, and the duty (...)
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  39.  15
    Yaffe on Attempts.Larry Alexander - 2013 - Legal Theory 19 (2):124-135.
    Gideon Yaffe's Attempts is a masterfully executed philosophical investigation of what it means to attempt something. Yaffe is obviously motivated by the fact that the criminal law punishes attempted crimes, and he believes that his philosophical analysis can shed light on and be used to criticize the law's understanding of those crimes. I focus exclusively on the relevance of Yaffe's philosophical analysis of attempts to the criminal law of attempts. I assume that Yaffe's account of what it is to attempt (...)
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  40.  16
    Criminal and Moral Responsibility and the Libet Experiments.Larry Alexander - 2010 - In Walter Sinnott-Armstrong & Lynn Nadel (eds.), Conscious Will and Responsibility: A Tribute to Benjamin Libet. Oup Usa. pp. 204.
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  41.  8
    The Most Persuasive Frankfurt Example, and What It Shows: Or Why Determinism Is Not the Greatest Threat to Moral Responsibility.Larry Alexander - 2014 - Open Journal of Philosophy 4 (2):141-143.
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  42. Culpability.Larry Alexander - 2011 - In John Deigh & David Dolinko (eds.), The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
     
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  43.  24
    Iconoclasts? Who, Us? A Reply to Dolinko.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (2):281-287.
    Iconoclasts? Who, Us? A Reply to Dolinko Content Type Journal Article Category Original Paper Pages 1-7 DOI 10.1007/s11572-012-9143-3 Authors Larry Alexander, San Diego, CA, USA Kimberly Kessler Ferzan, Camden, NJ, USA Journal Criminal Law and Philosophy Online ISSN 1871-9805 Print ISSN 1871-9791.
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  44.  8
    The Result Model of Precedent.Larry Alexander - 2004 - Legal Theory 10:19-31.
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  45.  15
    Causing the Conditions of One's Defense: A Theoretical Non-Problem. [REVIEW]Larry Alexander - 2013 - Criminal Law and Philosophy 7 (3):623-628.
    My contribution to this symposium is short and negative: There are no theoretical problems that attach to one’s causing the conditions that permit him to claim a defense to some otherwise criminal act. If one assesses the culpability of an actor at each of the various times he acts in a course of conduct, then it is obvious that he can be nonculpable at T2 but culpable at T1, and that a nonculpable act at T2 has no bearing on whether (...)
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  46. Of Living Trees and Dead Hands: The Interpretation of Constitutions and Constitutional Rights.Larry Alexander - 2009 - Canadian Journal of Law and Jurisprudence 22 (2):227-236.
    The function of law and of constitutional law is to make determinate what we ought to do. And in constitutional law, that is true of both structural provisions and rights provisions. It is not the function of constitutions to establish our real moral rights. We possess those independently of the constitution, which cannot affect them. And all organs of government are bound morally if not legally by those rights. I have taken no position on the relative competence of legislatures and (...)
     
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  47.  8
    Rules, Rights, Options, and Time.Larry Alexander - 2000 - Legal Theory 6 (4):391-404.
  48.  1
    Fair Equality of Opportunity: John Rawls’ Forgotten Principle.Larry A. Alexander - 1985 - Philosophy Research Archives 11:197-208.
    Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all (...)
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  49. The Seven Deadly Sins of Corporate Doubletalk'.Larry D. Alexander - 1984 - Business and Society Review 48:41-45.
     
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  50.  7
    Please Join Us in Thanking All of Those Experts in Law and Philosophy for Devoting Time and Effort to Review the Papers We Have Sent Them. The Editor and Publisher Acknowledge the Colleagues Listed Below for Their Excellent Reviews of Papers for Which Final Decisions Have Been Made in 2012.Gregory Alexander, Larry Alexander, Amalia Amaya, Amy Baehr, Ludvig Beckman, Charles Beitz, Vera Bergelson, Mitchell Berman, Michael Blake & Linda Bosniak - 2012 - Law and Philosophy 31:769-770.
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