- Criminalisation theory as a theory of pro tanto criminal proscription
- Hermann Heller’s critique of liberalism
- New essays on the nature of legal reasoning
- Transitional justice for foxes: conflict, pluralism & the politics of compromise
- Human rights after Deleuze: towards an an-archic jurisprudence
- Foundations of institutional reality
- Bernard Williams’ legitimate authority between universalism and relativism
- The normative structure of constitutional rights: the expansionist trend and the spectre of utilitarianism
- Not a set of norms or a set of practices
- Law is a moral practice
- The object of jurisprudence
- Normative monism and radical deflationism
- The nature of human practices and the importance of practical reason: why law cannot be a moral practice only
- Moral decision-making in the name of society (without expertise)
- Too many rules
- In defence of a distinctively legal domain
- The liberal conception of free speech and its limits
- Can the constitutional state accommodate the administrative state? Rousseau versus Hegel
- Excuse, justification and collapse
- Response to Paakkunainen
- Raz on responsibility: comments on Mayr
- Normative powers without conventions
- The ‘natural unintelligibility’ of normative powers*
- Joseph Raz on responsibility and secure competence
- The normative-explanatory nexus and the nature of reasons
- How exclusionary reasons guide
- (Really) defending exclusionary reasons
- The ‘natural unintelligibility’ of normative powers
- Symposium on Habitual Ethics? A reply
- Comment on Sylvie Delacroix Habitual Ethics?
- As one is, so one sees: Delacroix on the role of habit in moral discernment
- In search of lost habits
- From the ideal legislator to the competent speaker: uncovering the deception in legislative intent
- Let’s forget about forfeiture
- Disobedience as Such
- Proportionality and the lives of combatants: a reply to Arthur Ripstein
- Just war, regular war, and war as peace in preparation
- International criminal law as cosmopolitan right in reverse
- Challenging common good constitutionalism
- Nonspecific perjury
- Postnational constitutionalism: Europe and the time of law
- Natural law Archimedeanism
- ‘The Confucianization of law’ debate
- Constructing liberty and equality – political, not juridical
- The burning armchair: can jurisprudence be advanced by experiment?
- On the expressive theory of paternalism
- Unconscious negligence and responsibility
- Legal imperfectionism
- Can that be law for me?
- Reliance arguments, democratic law, and inequity
- Authoring, grounding and unknowing what the law is
- Theory and scholasticism
- Un-knowing what the law is
- Knowing what the law is
- Detachment and attributability as foundational features of legal norms: a review of Knowing What the Law Is
- Algorithms and adjudication
- The redress of law: globalisation, constitutionalism and market capture
- Trust matters: cross-disciplinary essays
- Symposium on Justifying Injustice. Legal Theory in Nazi Germany (CUP 2020): responses to critics
- A jurisprudence of atrocity
- On law and morality – the case of Nazi legal theory
- Pauer-Studer and Radbruch’s second thesis
- Authoritarian liberalism and the transformation of modern Europe
- The Cambridge handbook of natural law and human rights
- What makes law law: categorial trends in analytic legal metaphysics
- The nature of law, self-understanding, and evaluation in legal theory
- Report of a visit to Prof HLA Hart in Oxford
- Humility as a necessary virtue in common-law decision making
- Teamwork through time: collective intentions in the voting process
- Framing disagreement
- Replacement naturalism and the limits of experimental jurisprudence
- The semi-future constitution: entrenching future-oriented constitutional interpretation
- The Cambridge companion to legal positivism
- Earthbound: the aesthetics of sovereignty in the anthropocene
- Carl Schmitt’s institutional theory: the political power of normality
- Kant’s grounded cosmopolitanism: original common possession and the
- Explaining legal agreement
- New constitutional horizons: towards a pluralist constitutional theory
- Properties of law: modern law and after
- Alice in wonderland: experimental jurisprudence on the internal point of view
- A liberal theory of zoning
- What a theory of property tells us about ourselves
- The jurisprudence of liberal property: a reply
- Property as a commitment to self-determination
- Property’s limits
- The telos of property
- Towards a general practice of precedent
- The making of constitutional democracy: from creation to application of law
- The law does not exist to guide us
- Law’s forgiveness
- The possibility of norms: social practice beyond morals and causes
- Public services and the plurality of values
- Rescuing the state from itself: a reply to critics
- Representing the public
- Can we escape privatisation dilemmas? Reflections on Cordelli’s The Privatized State
- Institutional rules, roles, and the dynamics of public power
- The law as a conversation among equals
- La legge della fiducia. Alle radici del diritto
- The recognition in authority: roles, relations, and reasons
- Legal causation
- Reappropriating the rule of law: between constituting and limiting private power
- Beyond pluralism: a descriptive approach to non-state law
- Europe and the federal conceit
- A theory of African constitutionalism
- ‘Legal Formalism’ and Western legal thought
- Realism and Positivism
- Justifying injustice
- Legal artifice: lessons from the United States
- The politics of judicial imagination
- ‘Picnic, lightning’: the normative role of imagination in legal inquiry
- The ethics and politics of adjudication: a response to Anker, Crowe, and Golder
- Obligations
- Fair opportunity and responsibility
- Meaningful and meaningless rights proclamations
- More on what it means to suffer harm
- Origins of order: project and system in the American legal imagination
- Hart on the role of justice in the concept of law: some further remarks
- Legal positivism and the real definition of law
- Interpretation without truth: a reply to critics
- A blind spot in the theories of legal interpretation
- Legal misinterpretation
- Legal realism and legal reality
- Legal interpretation and truth
- Judicial fictions and constitutive speech
- Chinese legalism (法家) and the concept of law
- Is the analysis of the concept of law a(n) (im)modest conceptual analysis?
- Standards of proof as competence norms
- Burdens on deliberative freedom
- The importance of a pluralistic account in understanding a preventable maternal death – in celebration of Sophia Moreau’s Faces of Inequality
- Discrimination, subordination, and pluralism
- Three ways of failing to treat others as equals: comments on Sophia Moreau’s Faces of Inequality
- Moreau on discrimination: pluralism, equality, and the experience of discrimination
- The nature and value of vagueness in the law
- Negligence is not ignorance
- Law’s regret: on moral remainders, (in)commensurability and a virtue-ethical approach to legal decision-making
- A conceptual framework for legal personality and its application to AI
- Between unity and incommensurability: Dworkin and Raz on moral and ethical values
- The value of official equality: structuring the execution of democratic law
- Systemic corruption: constitutional ideas for an anti-oligarchic republic
- The philosophy of legal change: theoretical perspectives and practical processes
- Between facts and principles: jurisdiction in international human rights law
- What it means to suffer harm
- Private law, public right, and the law of unjust enrichment
- In defence of systemic validity: extra-systemic and unconstitutional norms
- Constituent power. A history
- Criminally Ignorant – an invitation for broader evaluation
- How to theorise about the criminal law: thoughts on methodology prompted by Alex Sarch’s Criminally Ignorant
- Reply to commentators
- Wilful ignorance and corporate criminal liability: some thoughts on chapter 9 ‘Corporations Keeping Themselves in the Dark’ of Alexander Sarch’s Criminally Ignorant (OUP 2019)
- Knowledge by any other name: Alexander Sarch on wilful ignorance
- Degrees of criminal culpability
- Evil trolley turners; what they do and how they do it
- On law and coercion – once again
- Constitutional proportionality and moral deontology
- The concept of liberal democratic law
- Violence, communication, and civil disobedience
- Hans Kelsen and the material constitution of democracy
- Philosophy of law as an integral part of philosophy – essays on the jurisprudence of Gerald J Postema
- Property rights: a re-examination
- Thomas Hobbes’s substantially constrained absolutism: the fundamental law of the commonwealth as a substantial constraint on the sovereign’s power
- Legal recognition of non-conjugal families: new frontiers in family law in the US, Canada and Europe
- Two questions for private law theory
- Out of joint: power, crisis, and the rhetoric of time
- Post-liberal religious liberty: forming communities of charity
- The anti-democratic origins of analytical jurisprudence
- The law and politics of inclusion. From rights to practices of disidentification
- The sovereignty of positivism
- On the continuity of the doctrine of the basic norm in Kelsen’s Pure Theory of Law
- Freiheit und Staatlichkeit bei Kant
- Responding to the over-inclusiveness objection to Hart’s theory of law: a causal approach
- Unpacking Normativity. Conceptual, Normative, and Descriptive Issues
- Hierarchies of connection: on the inheritance argument for slavery reparations
- Better to see international law this other way: the case against international normative positivism
- Legislated Rights and contemporary constitutional government: a reply
- Rights, values and really existing legislatures
- Human rights and the executive
- Situating Legislated Rights: legislative and judicial role in contemporary constitutional theory
- Exclusionary conduct in competition law: a consequence-sensitive deontological account
- Die Mitte zwischen Holz und Theologie. Eine Art Bilanz
- Questioning the foundations of public law
- Clarifying questions about the nature of rights
- Constitutionalism justified. Rainer Forst in discourse
- Why is law necessary for human dignity?
- Rethinking the principle of authority
- Dignity and disobedience
- Dignity’s constitution: a reply
- Human dignity and constitutional justice
- Human dignity, authority and justice
- The remnants of the Rechtsstaat: an ethnography of Nazi law
- Law and the political economy of hunger
- Rawls, law-making and liberal democratic toleration: from Theory to Political Liberalism to The Law of Peoples
- Beyond open and closed borders: the grand transformation of citizenship*
- Thinking in three dimensions: theorizing rights as a normative concept
- Disagreement about the kind law
- Is legal certainty a formal value?
- The price we pay for justice
- Legal justice and ludic fairness
- Practical authority and epistemic authority: comity, expertise and public understanding
- Symposium: what aspects of justice should not be the law’s concern?
- The deliberative constitutionalism debate and a republican way forward
- Opening the Pandora’s Box: Kelsen and the Communist theory of law
- Why the law is what it ought to be
- Finnis’s divided view of law: problems for adjudicative theory
- Conceptual truths, evolution, and reliability about authoritative normativity
- Dominus Mundi: political sublime and the world order
- Policy and principle and the character of private law
- Arguments about abortion: personhood, morality, and law
- Legislative sovereignty: moving from jurisprudence towards metaphysics
- Between prerogative power and legality – reading Ernst Fraenkel’s The Dual State as an analytical tool for present authoritarian rule
- In the shadow of justice: postwar liberalism and the remaking of political philosophy
- Against proportionality and balancing
- Religious exemptions, claims of conscience, and idola fori
- A puzzle about legal systems and democratic theory
- Constitutional pluralism Avant la Lettre?: on Santi Romano’s L’ordinamento Giuridico
- What is in a word? The Legal Order and the turn from ‘norms’ to ‘institutions’ in legal thought
- Institutionalism as alternative constitutional theory: on Santi Romano’s concept of law and his epigones
- Law, love and freedom: from the sacred to the secular
- Post-truth, scepticism & power
- Apologia for a general doctrine of substantive equality and discrimination
- Sovereignty. A contribution to the theory of public and international law
- A Kantian foundation for welfare rights
- On whales and fish. Two models of interpretation
- The metaethics of constitutional adjudication
- Speech act theory and the rule of recognition
- The place of responsibility in tort liability
- The value of choice and the justice of contract
- The promise of contractualism in tort law
- The significance of choice in private law: a reply to Priel, Thomas, and Dagan
- The humanity of private law. Part I: Explanation
- Sentientist politics
- The ideal and the everyday
- Law as an artifact
- The place of instrumental reasoning in law
- The practice-based objection to the ‘standard picture’ of how law works
- Legal thought and empires: analogies, principles, and authorities from the ancients to the moderns
- Functions, validity and the strong natural law thesis
- Replies to comments on The Functions of Law
- Metaphysics before method?
- Why law is law
- Legal systems, intentionality, and a functional explanation of law
- Judging the mental states of others: ‘mindreading’ in legal decision-making
- Constitutionalism beyond Liberalism
- Depth in legal theory
- Why rights are not optimisation requirements
- Hans Kelsen on legal interpretation, legal cognition, and legal science
- From personal life to private law
- The politics of juridification
- Il costituzionalismo dei diritti
- The anthropological paradox: niches, micro-worlds and psychic dissociation
- Periodisation, pluralism and punishment
- Criminal law’s normative aspirations in a post-positivist frame
- Making the Modern Criminal Law and the paradox of civil order
- Making the modern criminal law: a response
- Civilisation through criminalisation: understanding liberalism’s dystopian tendency
- Human rights: moral or political?
- Reflections on political scale
- Rawlsian originalism
- ‘Direct democratic institutions’: direct and democratic?
- Where our protection lies: separation of powers and constitutional review
- The idea of a pure theory of law
- Is the ‘hate’ in hate speech the ‘hate’ in hate crime? Waldron and Dworkin on political legitimacy
- Unconstitutional constitutional amendments: the limits of amending powers
- Democracy laid low by the market
- What’s left of general jurisprudence? On law’s ontology and content
- La forma del derecho
- In pursuit of pluralist jurisprudence
- Metaphilosophy of law
- The reception of Robert Alexy’s work in Anglo-American jurisprudence
- To isolate the law: the activity of the jurist in Digest 9.2.27.12 and Digest 45.3.18.2
- The state: a sine qua non of public law? A critique of Martin Loughlin’s state-centred approach to public law
- The problem of political foundations in Carl Schmitt and Emmanuel Levinas
- Sparing civilians
- The foundations of conscientious objection: against freedom and autonomy
- A realistic theory of law
- Efficiency and its discontents
- Carefully stepping on the academic ridge: on Ruth Dukes, The labour constitution
- Bringing capitalism back in: what the idea of the labour constitution adds to our understanding of labour law
- On Ruth Dukes, The labour constitution: the enduring idea of labour law
- From the labour constitution to an economic sociology of labour law
- Labour constitutionalism in a genealogical key
- Reply: relations of right and private wrongs
- From private wrongs to private remedies: an unbridgeable gap?
- Ripstein on private wrongs and torts
- Means, rights, and opportunities: on Arthur Ripstein’s Private Wrongs
- The theories of rights debate
- Ernst-Wolfgang Böckenförde and the politics of constituent power
- Legitimate actors of international law-making: towards a theory of international democratic representation
- The burdens of proof: discriminatory power, weight of evidence, and tenacity of belief
- Governing (through) rights
- Virtue as the end of law: an aretaic theory of legislation
- Ignorance of law: A philosophical inquiry
- Introduction to ‘Virtue and Law’ symposium
- Formalising formalism: Weinrib, Aristotle, and the nature of private law
- ‘Simply in virtue of being human’? A critical appraisal of a human rights commonplace
- Legal positivism, conventionalism, and the normativity of law
- Consequentialism and the limits of interpretation: do the ends justify the meanings?
- Criminal law’s asymmetry
- Intellectual property and practical reason
- Sanctioning
- Law’s motivational landscape
- Schauer on coercion
- Everything in its right place
- Would many people obey non-coercive law?
- How law affects behaviour1
- How law affects behaviour
- Response: a continuing conversation
- The virtue of judicial humility
- Dworkinian Interpretivism after the Institutional Turn
- Re-viewing Shared Authority
- Political Integrity’s Systemic Dimension
- Legality as Separation of Powers
- Is Kyritsis’ Interpretive Reply to Positivism Sufficiently Interpretive? An Observation on Shared Authority
- A Jurisprudential Controversy over Law’s Shared Authority?
- Law’s Umpire
- Conflicts on the Threshold of Democratic Orders: A Critical Encounter with Mouffe’s Theory of Agonistic Politics
- Rapprochement in Legal Theory? Michael Giudice’s Case for Constructive Conceptual Explanation
- Children’s Rights and Parents’ Rights
- For the Good of the Cause
- Immanence and Transcendence: History’s Roles in Normative Legal Theory
- The perceptive judge
- Legal risk, legal evidence and the arithmetic of criminal justice
- Legal reasoning, good citizens, and the criminal law
- Reconciling virtues and action-guidance in legal adjudication
- Can the law help us to be moral?
- Lawfulness and the perception of legal salience
- Common virtue and the perspectival imagination: Adam Smith and common law reasoning
- Plato on law-abidance and a path to natural law
- The Sense of Obligation
- Two Ways to Understand the Common Law
- Copyright, authorship and the public domain: a reply to Mark Rose and Niva Elkin-Koren
- Expression, Freedom of Speech and the State
- Legislative form as a justification for legislative supremacy
- Why politics matters: a review of Why Law Matters
- Constitutional rights and judicial review
- Why the rule of law matters
- Reply
- Does discursive authorship justify user rights?
- History and theory: Abraham Drassinower’s quest for coherence
- The rule of law: beyond contestedness
- Two Reflections on Pauline Kleingeld’s Kant and Cosmopolitanism
- Ritual male circumcision and parental authority
- Challenging Hate, Protecting Rights
- On democratic persuasion
- Brettschneider and ‘democratic persuasion’
- Legitimacy, stability and democratic persuasion
- The Irrelevance of Religion
- Natural Law in Aquinas and Suarez
- Comments on Gerald Postema, Legal Philosophy in the Twentieth Century: The Common Law World
- The Perils and Prospects of Critical History: Comments on Bernal, Naffine, Vatter and Walton
- Postema’s Persons
- Gerald Postema on ‘Genuinely Philosophical Jurisprudence’
- The unsolved problem of the socio-ontological explanation of the normativity of law
- The masses and the elites: political philosophy for the age of Brexit, Trump and Netanyahu
- A Modest Attempt to Rehabilitate the Fact-Based View
- Norms, normative systems, and legal validity
- Law, reason, imagination, and will
- Plato’s legal positivism in the Laws
- Understanding Human Dignity, or Saving Dignity from Ockam’s Razor
- The Why-Question Methodology, The Guise of the Good and Legal Normativity
- Intentional Action and Law
- The Question Why and the Common Good
- Action, Politics, and the Normativity of Law
- In Defence of Kelsenian Monism: Countering Hart and Raz
- Conflicting Lineages of International Law: Cicero, Hugo Grotius and Adam Smith on Global Property Relations
- Law as a Second-Order Essentially Contested Concept
- Raz on Practical Reason and Political Morality
- Resisting Perspectivalism about Law: The Scope of Jurisprudential Disagreement
- HLA Hart and the Making of the New Natural Law Theory
- Legal Argumentation: A Sociological Account
- Self-Authorship, Well-being and Paternalism