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  1.  49
    Role Responsibility.Peter Cane - 2016 - The Journal of Ethics 20 (1-3):279-298.
    This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...)
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  2. Taking Law Seriously: Starting Points of the Hart/Devlin Debate.Peter Cane - 2006 - The Journal of Ethics 10 (1-2):21-51.
    The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...)
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  3.  1
    The Hart-Fuller Debate in the Twenty-First Century.Peter Cane (ed.) - 2009 - Hart.
    This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between HLA Hart and Lon L Fuller. These essays do not to re-run that debate and they are not confined to discussion of the jurisprudential issues canvassed by Hart and Fuller. Rather they pick up on strands in the debate (...)
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  4.  2
    Taking Law Seriously: Starting Points of the Hart/Devlin Debate.Peter Cane - 2006 - The Journal of Ethics 10 (1-2):21-51.
    The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...)
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  5.  54
    The General/Special Distinction in Criminal Law, Tort Law and Legal Theory.Peter Cane - 2007 - Law and Philosophy 26 (5):465-500.
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  6.  82
    The Oxford Handbook of Empirical Legal Research.Peter Cane & Herbert M. Kritzer (eds.) - 2010 - Oxford University Press.
    The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- Environmental (...)
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  7.  10
    Public Law in The Concept of Law.Peter Cane - 2013 - Oxford Journal of Legal Studies 33 (4):649-674.
    This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of (...)
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  8.  6
    The Oxford Handbook of Legal Studies.Peter Cane & Mark V. Tushnet (eds.) - 2005 - Oxford University Press.
    This volume in the prestigious series of Oxford Handbooks provides a widely accessible overview of legal scholarship at the start of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada and Germany, it offers original and interpretative accounts of the nature, themes and trends of research and writing about all areas of the law.
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  9.  13
    Taking Disagreement Seriously: Courts, Legislatures and the Reform of Tort Law.Peter Cane - 2005 - Oxford Journal of Legal Studies 25 (3):393-417.
    This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.
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  10.  1
    Essays for Patrick Atiyah.Peter Cane & Jane Stapleton - 1991 - Oxford University Press.
    Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...)
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  11.  15
    Mens Rea.Peter Cane - 2000 - Oxford Journal of Legal Studies 20 (4).
  12.  14
    Justice and Justifications for Tort Liability.Peter Cane - 1982 - Oxford Journal of Legal Studies 2 (1):30-62.
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  13.  9
    Book ReviewsGerald J. Postema,, Ed. Philosophy and the Law of Torts.Cambridge: Cambridge University Press, 2001. Pp. 336. $65.00. [REVIEW]Peter Cane - 2004 - Ethics 114 (2):368-372.
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  14. Rights in Private Law.Peter Cane - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and Private Law. Hart.
  15.  9
    Standing to Protect the Environment.Peter Cane - 1981 - Oxford Journal of Legal Studies 1 (1):142-148.
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  16.  7
    The Anatomy of Private Law Theory: A 25th Anniversary Essay.Peter Cane - 2005 - Oxford Journal of Legal Studies 25 (2):203-217.
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  17.  5
    The New Oxford Companion to Law.Peter Cane & Joanne Conaghan (eds.) - 2008 - Oxford University Press UK.
    For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.
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  18. Autonomous Action: Self-Determination in the Passive Mode Autonomous Action: Self-Determination in the Passive Mode (Pp. 647-691). [REVIEW]Two-Level Eudaimonism, Second-Personal Reasons Two-Level Eudaimonism, Second-Personal Reasons, Anita L. Allen, Jack Balkin, Seyla Benhabib, Talbot Brewer, Peter Cane, Thomas Hurka & Robert N. Johnson - 2012 - Ethics 122 (4).
     
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  19.  25
    Gerald J. Postema, Ed., Philosophy and the Law of Torts:Philosophy and the Law of Torts.Peter Cane - 2004 - Ethics 114 (2):368-372.
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  20.  21
    Two Understandings of Morality and Their Relationship to Politics.Peter Cane - 2008 - Criminal Justice Ethics 27 (1):34-44.
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