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Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.
I. RIGHTS AND RIGHT- HOLDING 1: Laura K. Donohue: Correlation and Constitutional Rights 2: Rowan Cruft: Rights, Positivism, and the Vice of Self-Puffery: Why Kramer's Interest Theory is Nearly Right 3: Joseph Bowen: The Interest Theory of Rights at the Margins: Posthumous Rights 4: Visa A.J. Kurki: Are Legal Positivism and the Interest Theory of Rights Compatible? 5: Mark McBride: Tracking the Resilience of Hybridity II. GENERAL JURISPRUDENCE 6: Brian H. Bix: Objectivity, Conventions, and the Possibility of Universal Error 7: Wilfrid J. Waluchow: and Inclusive Legal Positivism: Dancing on the Head of a Pin? 8: Pierluigi Chiassoni: Kramer's Theory of Legal Positivism: Merits and Demerits 9: Gerald J. Postema: Law's Existence to Law's Rule: Reflections on Kramer's Understanding of the Rule of Law III. GENERAL MAT TERS OF ETHICS 10: Christine Tiefensee: Metasemantics, Moral Realism, and Moral Doctrines 11: Lubomira Radoilska: Distinguishing Value-Neutrality from Value-Independence: Toward a New Disentangling Strategy for Moral Epistemology 12: Michael Garnett: Prevention, Coercion, and Two Concepts of Negative Liberty V. LIBERALISM 14: Mark R. Reiff: Neutrality and Excellence 15: Collis Tahzib: Does Edificatory Perfectionism Express a Quidnunc Mentality? VI. APPLIED ETHICS 16: R.A. Duff: Punishment and the Importance of Perspective 17: Christopher Kutz: Kramer's Razor and the Freedom of Expression REPLIES 18: Matthew H. Kramer: Looking Back and Looking Ahead: Replies to the Contributors
Author(s) | Edited by Mark McBride (Assistant Professor at the Law Faculty, Assistant Professor at the Law Faculty, National University of Singapore), Visa AJ Kurki (Associate Professor of Jurisprudence at the Law Faculty, Associate Professor of Jurisprudence at the Law Faculty, University of Helsinki). |
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Publisher | Oxford University Press |
ISBN | 9780198868866 |
Format | Hardback |
Pages | 624 |
Published in | United Kingdom |
Published | 17 May 2022 |
Availability | Available |
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