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Larry Alexander [83]Larry A. Alexander [6]Larry D. Alexander [1]
  1.  56
    Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - Cambridge University Press.
    This book presents a comprehensive overview of what the criminal law would look like if organised around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. Larry Alexander and Kimberly Kessler Ferzan argue that desert is a function of the actor's culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the (...)
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  2.  88
    The Ontology of Consent.Larry Alexander - 2014 - Analytic Philosophy 55 (1):102-113.
  3. “The Moral Magic of Consent.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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  4.  52
    Consent Does Not Require Communication: A Reply to Dougherty.Larry Alexander, Heidi Hurd & Peter Westen - 2016 - Law and Philosophy 35 (6):655-660.
  5. “Moore or Less” Causation and Responsibility: Reviewing Michael S. Moore, Causation and Responsibility: An Essay in Law, Morals and Metaphysics.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (1):81-92.
  6. Demystifying Legal Reasoning.Larry Alexander & Emily Sherwin - 2008 - Cambridge University Press.
    Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.
     
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  7.  77
    Lesser Evils: A Closer Look at the Paradigmatic Justification. [REVIEW]Larry Alexander - 2005 - Law and Philosophy 24 (6):611-643.
  8.  47
    Can Self-Defense Justify Punishment?Larry Alexander - 2013 - Law and Philosophy 32 (2-3):159-175.
    This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; (...)
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  9. 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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  10. Self-Defense, Justification and Excuse.Larry Alexander - 1993 - Philosophy and Public Affairs 22 (1):53-66.
  11.  57
    Ferzander’s Surrebuttal.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (3):463-465.
  12.  73
    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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  13. 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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  14.  26
    Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation: Plastic Trees and Gladiators.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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  15. Liberalism, Neutrality, and Equality of Welfare Vs. Equality of Resources.Larry Alexander & Maimon Schwarzschild - 1987 - Philosophy and Public Affairs 16 (1):85-110.
  16. 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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  17.  73
    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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  18.  59
    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.
  19.  60
    Book ReviewsL. W. Sumner, The Hateful and the Obscene.Toronto: University of Toronto Press, 2004. Pp. Xi+275. $60.00.Larry Alexander - 2006 - Ethics 116 (4):809-813.
  20.  34
    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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  21. 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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  22.  61
    Law and Exclusionary Reasons.Larry Alexander - 1990 - Philosophical Topics 18 (1):5-22.
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  23.  83
    Introduction to Issues 2 and 3: Symposium on Consent in Sexual Relations: Larry Alexander.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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  24. 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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  25.  87
    You Got What You Deserved.Larry Alexander - 2013 - Criminal Law and Philosophy 7 (2):309-319.
    The Philosophy of Criminal Law collects 17 of Doug Husak’s articles on legal theory, 16 of which have been previously published, spanning a period of over two decades. In sum, these 17 articles make a huge and lasting contribution to criminal law theory. There is much wisdom contained in them; and I find surprisingly little to disagree with, making my job as a critical reviewer quite challenging. Most of the points on which Doug and I disagree can be found in (...)
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  26. Self-Defense, Punishment, and Proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
  27. 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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  28.  83
    Consent, Punishment, and Proportionality.Larry Alexander - 1986 - Philosophy and Public Affairs 15 (2):178-182.
  29.  50
    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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  30.  61
    Pursuing the Good-Indirectly.Larry Alexander - 1985 - Ethics 95 (2):315-332.
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  31.  39
    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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  32.  59
    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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  33. 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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  34.  47
    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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  35.  68
    Response to Critics.Larry Alexander & Kimberly Kessler Ferzan - 2010 - Law and Philosophy 29 (4):483-504.
  36.  63
    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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  37. The Philosophy of Criminal Law.Larry Alexander - 2004 - In Jules Coleman & Scott Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  38.  1
    Culpably Creating the Conditions of Justified Acts: Another Look.Larry Alexander - forthcoming - Philosophia:1-6.
    In this short article I examine whether and how one’s minor culpability in giving rise to an instance of otherwise justified defense affects the defense and affects the act giving rise to it.
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  39.  11
    Law and Exclusionary Reasons.Larry Alexander - 1990 - Philosophical Topics 18 (1):5-22.
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  40.  42
    Are Procedural Rights Derivative Substantive Rights?Larry Alexander - 1998 - Law and Philosophy 17 (1):19-42.
  41. 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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  42.  31
    Is There a Case for Strict Liability?Larry Alexander - 2018 - Criminal Law and Philosophy 12 (3):531-538.
    In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...)
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  43.  71
    What Are Constitutions, and What Should (and Can) 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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  44.  26
    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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  45.  8
    Are Procedural Rights Derivative Substantive Rights?Larry Alexander - 1998 - Law and Philosophy 17 (1):19-42.
  46. Causation and Corrective Justice: Does Tort Law Make Sense? [REVIEW]Larry A. Alexander - 1987 - Law and Philosophy 6 (1):1 - 23.
  47.  57
    Waluchows —Living Tree Constitutionalism. [REVIEW]Larry Alexander - 2009 - Law and Philosophy 29 (1):93 - 99.
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  48. Is There a Right of Freedom of Expression?Larry Alexander - 2005 - Cambridge University Press.
    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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  49.  37
    Is Judicial Review Democratic? A Comment on Harel.Larry Alexander - 2003 - Law and Philosophy 22 (s 3-4):277-283.
  50.  27
    Electronic Monitoring of Felons by Computer: Threat or Boon to Civil Liberties?Elaine Alexander & Larry Alexander - 1985 - Social Theory and Practice 11 (1):89-95.
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