From Morality to Law and Back Again
A Liber Amicorum for John Gardner
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Product details:
- Edition number 1
- Publisher OUP Oxford
- Date of Publication 17 August 2023
- ISBN 9780198860594
- Binding Hardback
- No. of pages304 pages
- Size 240x163x20 mm
- Weight 612 g
- Language English 488
Categories
Short description:
A book-length treatment on the scholarship of John Gardner, engaging with many of the concepts, themes, and issues that were central to his philosophical work and outlook, written by a team of contributors whose own work has been influenced by Gardner.
MoreLong description:
John Gardner was one of the most prolific, widely read, and influential scholars working in philosophy of law. This book celebrates, explores, and develops themes of his work during his sixteen years as Professor of Jurisprudence at University of Oxford.
Written by a team of contributors whose own work has been influenced by Gardner's and with whom he has worked closely, this book engages with many of the concepts, themes, and issues that were central to his philosophical work and outlook. It expands on his arguments, offers original rebuttals to some, and draws connections with parallel and emerging fields that have been influenced by his work. This is the first book-length treatment covering the entire range of his scholarship, and will serve as a handbook of sorts, for those scholars seeking to engage Gardner's work and make connections across the wide range of topics on which he has written.
In particular, the volume comprises discussions of duties to try and succeed in relation to Hume's maxim that 'ought implies can'; the role of continuity, conservatism, and corrective justice in private law, the interrelations between wrongdoing, blame, punishment, and the justification of criminal law, justifications, excuses, and responsibility, the distinctiveness of the wrongs of rape and discrimination, as well as general jurisprudence and how it may, or may not, illuminate the questions of normativity and the nature of constitutions. The volume also engages with further concepts and questions addressed through the prism of Gardner's work, include Indigenous rights and law, Equity, corporate responsibility and the possibility of state crimes, and the nature, structure, and phenomenology of virtue.
Together, the papers collected in this volume pay homage to the breadth of John Gardner's legal philosophy. The conversations begun, or continued, in this volume will continue to inform the contributors' future work, and thus increase the likelihood that John's body of work will have an ever greater influence on the future of legal philosophy.
Table of Contents:
Law and Social Practice: Foundations of the Leap of Faith
Can the Constitution of a Fruit Fly Be Written?
Gardner's Pluralistic Virtue Jurisprudence
The Importance of Being Effective
Hume's Law (in Gardner and otherwise)
Explaining Ourselves in Court
Private, Public and Punitive Blame
Blame and Punishment: The Difference Duty Makes
Vindicating Criminal Law
State Crimes
Rape Trauma and Rape's Wrongness
John Gardner's Continuity Theory of Corrective Justice
Never Let Me Go: Private Law and the Conservative Impulse
Virtuously Discriminating: John Gardner's Contributions to Discrimination Theory
Indigenous Rights and Decolonized Legal Positivism
Big E Equity, Small C Conservatism
The Mess Detectives Case #683: The Trouble with Larry
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