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World Affairs Online
Penal Incapacitation: A Situationist Critique
In: American Criminal Law Review, Band 54, Heft 1
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Why Law Matters For Our Obligations
Political philosophers have long debated the problem of political and legal obligation: how the existence of a political community and its laws can affect our obligations. This paper applies Alon Harel's argument that law has intrinsic value to this venerable problem. It interprets Harel's argument as a Kantian claim that law enables us to treat our fellows with the respect they deserve, by requiring us not only to treat them decently, but to recognize decent treatment as their right.
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Why Law Matters for Our Obligations
In: Critical Analysis of Law 2:2 (2015)
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The Coptown Case: Inviolable Status and Desert
In: Inherent and Instrumental Values, Excursions in Value Inquiry, G. John M. Abbarno, ed. University Press of America, 2015
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Authority to Proscribe and Punish International Crimes
In: 63 U. Toronto L.J. 278 (2013)
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Foundations of the Legislative Panopticon: Bentham's Principles of Morals and Legislation
In: SUNY Buffalo Legal Studies Research Paper No. 2014-011
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Critical Legal Studies
In: A COMPANION TO PHILOSOPHY OF LAW AND LEGAL THEORY, pp. 267-278, D. Patterson, ed., 2010
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States of War: Defensive Force Among Nations
In: Ohio State Journal of Criminal Law, Band 7, S. 439-461
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Aesthetic judgment and legal justification
In: Studies in law, politics, and society, Band 43, S. 79-112
Although criticized as illegitimate, literary elements are necessary features of legal argument. In a modern liberal state, law motivates compliance by justifying controversial prescriptions as products of an appropriate process for representing the will of society. Yet because law constructs the will of individual and collective actors in representing them, its representations are necessarily figurative rather than mimetic. In evaluating law's representation of society, citizens of the liberal state are also shaping their own ends. Such self-expressive choices, subjective but non-instrumental, entail aesthetic judgment. Thus the literary elements of rhetorical figuration and aesthetic appeal are fundamental, rather than merely ornamental, to legal justification. [Copyright 2008 Elsevier Ltd.]
Aesthetic Judgment and Legal Justification
In: Studies in Law, Politics, and Society, Vol. 43, pp. 79-112, 2008
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The Culpability of Felony Murder
In: Notre Dame Law Review, Band 83, S. 965
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The Meaning of Killing
In: MODERN HISTORIES OF CRIME AND PUNISHMENT, pp. 88-114, Markus D. Dubber, Lindsay Farmer, eds., 2007
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Law and Literature
In: JOHNS HOPKINS GUIDE TO LITERARY THEORY AND CRITICISM, Michael Groden, Martin Kreiswirth, Imre Szeman eds., 2006
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