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John Gardner
Professor of Jurisprudence +
John Gardner is Professor of Jurisprudence and a Fellow of University College. An occasional Visiting Professor at Yale Law School and a Bencher of the Inner Temple, he was formerly Reader in Legal Philosophy at King's College London (1996-2000), Fellow and Tutor in Law at Brasenose College, Oxford (1991-6) and Fellow of All Souls College, Oxford(1986-91). He has also held visiting positions at Columbia University, Princeton University, the Australian National University, and the University of Texas. He serves on the editorial boards of the Oxford Journal of Legal Studies, Legal Theory, Law and Philosophy, The Journal of Moral Philosophy, The Journal of Ethics and Social Philosophy, the Journal of International Criminal Justice, and Criminal Law and Philosophy.
Subject groups : Criminal Law : Human Rights Law : Ethics : Philosophy of Law
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J Gardner, Offences and Defences: Selected Essays in the Philosophy of Criminal Law (OUP 2007)
URL: http://www.oxfordscholarship.com/oso/public/content/law/9780199239351/toc.html
Abstract: This is a collection of essays, some of which were first published before 2001 (pp. 1-56, 91-140, 201-238). In addition pages 155-176 were written with Timothy Macklem (50:50). Original versions of essays have been left intact to provide context for a newly-written concluding chapter, ‘Reply to Critics’, pp. 321-378.
ISBN: 978-0-19-923935-1
J Gardner, 'Legal Positivism: 5½ Myths' (2001) 46 American Journal of Jurisprudence 199-227
URL: http://www.heinonline.org/HOL/Page?collection=journals&handle=hein.journals/ajj46&id=203
ISBN: 0065-8995
J Gardner, Obligations and Outcomes in the Law of Torts in P Cane and J Gardner (eds), Relating to Responsibility: Essays for Tony Honoré (Hart Publishing 2001)
J Gardner, 'Some Types of Law' in D Edlin (ed), Common Law Theory (Cambridge University Press 2007)
J Gardner, 'Simply in Virtue of Being Human: the Whos and Whys of Human Rights' (2008) 2 Journal of Ethics and Social Philosophy 1-22
URL: http://www.jesp.org/PDF/Gardner.pdf
Abstract: In this paper I raise some questions about the familiar claim, recently reiterated by James Griffin, that human rights are rights that humans have 'simply in virtue of being human'. I ask, in particular, how we are to read the words 'simply in virtue of'. Are we speaking of who has the rights (A has them if and only if he or she is human) or why they have the rights (A has them because and only because he or she is human)? Griffin brings the two readings together, as two sides of the same coin. He offers a (more or less) universalistic case for (more or less) universalistic rights. I try to show how the two readings can be driven apart, how the universality of human rights need not be undermined merely by there being no adequate universalistic case for them. On the strength of this discussion I suggest an inversion of the relationship that is often thought to hold between human rights and human dignity. In a way our rights give us our dignity, not vice versa. And in a way this helps to make the case for the universality of human rights.
ISBN: 1559-3061
J Gardner, Introduction in H L A Hart, Punishment and Responsibility, Second Edition (Oxford University Press 2008)
URL: http://www.oxfordscholarship.com/oso/public/content/law/9780199534777/toc.html
ISBN: 978-0-19-953478-4
Correspondence address: University College, Oxford OX1 4BH
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