John Gardner at Home


Here you will find drafts of work-in-progress and pre-refereed versions of completed work (also known as preprints).

This work is © the author, all rights reserved. You are permitted to download and print out for personal use but not to make multiple copies or to repost online. Please do not quote from anything you find here or cite to this location.

Papers are usually removed from this page as soon as they appear in print but preprints may still be available on my publications page.

'Damages without Duty', an article on the work of Steven Smith, forthcoming in the University of Toronto Law Journal and posted here with their generous permission. Download the preprint here. Posted 30 January 2020.

'Why Blame?', a paper for a volume in honour of Nicola Lacey, forthcoming from Oxford University Press. Download the preprint here. Posted 23 September 2019.

'Normativity (in Kelsen and otherwise)', my paper from the 2018 IVR German Section conference in Freiburg, submitted for publication in an associated volume of the Archiv für Rechts- und Sozialphilosophie. Posted 12 March 2019.

'Legal Justice and Ludic Fairness', draft contribution to a symposium on law and justice, possibly to be published in the journal Jurisprudence. Under review. Posted 10 December 2018.

'The Reasonable Person Standard', forthcoming in Hugh LaFolette (ed), The International Encyclopedia of Ethics, second edition 2020. Posted 24 August 2018; minor revisions 22 November 2018.

'The Twilight of Legality', my Irvine Lecture delivered at Cornell Law School in October 2015, now revised for publication. Revised version posted 25 January 2018. Update 10 September 2018: now forthcoming in the Australian Journal of Legal Philosophy 2019.

'Doubts about Democratic Legitimacy', unedited text of a talk on Eric Heinze's Hate Speech and Democratic Citizenship (OUP 2016). No publication plans. Posted 19 January 2018.

'Causation in the Law', jointly written with Tony Honoré, now to appear in Spanish in C Bernal and J Fabra (eds), La Filosofía de Causalidad en Derecho, 2019. Posted 13 December 2017.

'Tort Law and its Theory', forthcoming in John Tasioulas (ed), The Cambridge Companion to the Philosophy of Law, 2019. Posted 23 May 2016.

'The Evil of Privatization', unedited text of a talk on Alon Harel's book Why Law Matters (OUP 2014). Posted 10 June 2014. Update 3 January 2017: now includes a postscript replying to comments at Jotwell by Bill Edmundson.