How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

Do the rich descriptions and narrative shapings of literature provide a valuable resource for readers, writers, philosophers, and everyday people to imagine and confront the ultimate questions of life? Do the human activities of storytelling and complex moral decision-making have a deep connection? What are the moral responsibilities of the artist, critic, and reader? What can religious perspectives—from Catholic to Protestant to Mormon—contribute to literary criticism? Thirty well known contributors reflect on these questions, including iterary theorists Marshall Gregory, James Phelan, (...) and Wayne Booth; philosophers Martha Nussbaum, Richard Hart, and Nina Rosenstand; and authors John Updike, Charles Johnson, Flannery O'Connor, and Bernard Malamud. Divided into four sections, with introductory matter and questions for discussion, this accessible anthology represents the most crucial work today exploring the interdisciplinary connections between literature, religion and philosophy. (shrink)

Forthcoming in Kramer et al (eds), The Legacy of H.L.A. Hart. Posted 8 February 2008.

In this paper I outline various different objects of investigation that may be picked out by word “law” (or its cognates). All of these objects must be investigated in an integrated way before one can provide a complete philosophical explanation of the nature of law. I begin with the distinction between laws (artefacts) and law (the genre to which the artefacts belong). This leads me to the distinction between the law (of a particular legal system) and law (the genre of (...) artefacts). Then I discuss the contrast between law (the genre of artefacts) and law (the practice). Finally I comment on legality as the name of an ideal for laws and legal systems to live up to. I commend H. L. A. Hart's explanation of the nature of law for investigating these various objects in an integraed way, while nevertheless respecting the distinctions among them. I also criticise some of R. M. Dworkin's work for failing to respect the same distinctions. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

T H Mclaughlin; Peter Gardner on Religious Upbringing and the Liberal Ideal of Religious Autonomy, Journal of Philosophy of Education, Volume 24, Issue 1, 30 Ma.

T H Mclaughlin; Peter Gardner on Religious Upbringing and the Liberal Ideal of Religious Autonomy, Journal of Philosophy of Education, Volume 24, Issue 1, 30 Ma.

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

The Gardner report, recently published in the UK, showing a correlation between incidence of childhood leukaemia and paternal exposure to ionising radiations (amongst fathers working in nuclear power plants) has added a new element to debates about both the risk factors in nuclear power plants and the relationships between ionising radiations and leukaemogenesis. The epidemiologic and genetic evidence concerning leukaemias is reviewed here and it is concluded that the leukaemogenic agent, whose existence is indicated in the Gardner report, (...) is unlikely to be paternal radiation dose per se but rather exposure to another factor that is correlated with paternal radiation dose received. (shrink)

Against Peter Gardner, this article re-asserts a conception of open-mindedness as not requiring either the indecision or neutrality of persons concerning their beliefs, but rather a willingness on their part to form or revise beliefs in the light of evidence and argument. This conception, it will be argued, yields an educational ideal which is both important and coherent. It not only avoids the difficulties which Gardner sees as inherent in the promotion of open-mindedness in children, but also avoids (...) some of the dangers implicit in his own view. (shrink)

Against Peter Gardner, this article re-asserts a conception of open-mindedness as not requiring either the indecision or neutrality of persons concerning their beliefs, but rather a willingness on their part to form or revise beliefs in the light of evidence and argument. This conception, it will be argued, yields an educational ideal which is both important and coherent. It not only avoids the difficulties which Gardner sees as inherent in the promotion of open-mindedness in children, but also avoids (...) some of the dangers implicit in his own view. (shrink)

Truth diagrams are introduced as a novel graphical representation for propositional logic. To demonstrate their epistemic efficacy a set of 28 concepts are proposed that any comprehensive representation for PL should encompass. TDs address all the criteria whereas seven other existing representations for PL only provide partial coverage. These existing representations are: the linear formula notation, truth tables, a PL specific interpretation of Venn Diagrams, Frege’s conceptual notation, diagrams from Wittgenstein’s Tractatus, Pierce’s alpha graphs and Gardner’s shuttle diagrams. The (...) comparison of the representations succeeds in distinguishing ideas that are fundamental to PL from features of common PL representations that are somewhat arbitrary. (shrink)

The content of a work of literature, Walter Benjamin reminds us in “The Author as Producer,” is inextricably bound up with its form. Hence, it is hardly astounding that much critical attention has been focused on the proper generic classification of Harriet E. Wilson’s Our Nig . This task, though, has not been easy. Henry Louis Gates, rediscoverer and earliest critic of Our Nig, for example, goes to great length discussing parallels between Wilson’s work and Nina Baym’s ‘overplot’ of the (...) ‘women’s novel,’ before settling on reading it as a new form of distinctly African-American lit- erature that combines “conventions of the sentimental novel with certain key conventions of the slave narratives” . Elizabeth Ammons, by contrast, places Our Nig squarely in the feminist tradition of the sentimental novel and argues that “the ideal of mother love explicit in Uncle Tom’s Cabin operates implicitly in Our Nig.” 4 2 3 Contesting Ammons’ claim, Eric Gardner asserts that Our Nig is not a ‘novel of abolition’ but “a novel about Northern racial issues, a young black woman’s bildungsroman, and, as such, is far from Uncle Tom’s Cabin.” 5 Echoing some of Gardner’s points, Elizabeth Breau contends that Our Nig “is actually satiric” and therefore gives an overly “bleak picture of northern antebellum society.” Foregrounding neither Bildung nor “ironic inversions” but the “politics of rage at work in Wilson’s tale,” Julia Stern argues that Our Nig “used the sentimental form to mask a gothic message.” 7 Rejecting Gates’ attempt to posit Our Nig as “a significant beginning of an African-American literary mode, a distinctive first in a century of firsts,” John Ernest wants to read Wilson’s work as a traditional “blend of autobiography and fiction,” hoping to ‘re-place’ it “within the racial, gender, and economic matrix of secular history.” R.J. Ellis, while accepting Gates’ assessment that Our Nig “draw[s] on the genres of sentimental fiction and abolitionist slave narrative,” stresses the ways in which the ‘hybrid’ work “fractures generic boundaries” in order to provide a “full retrieval of Frado’s pain, her experience of body politics.” Lastly, offering a reading that links Our Nig to the Puritan tradition, Elizabeth West argues that Our Nig “manipulates well-known trappings of the conversion narrative” by telling “the story of the heroine’s failed initiation into the community of earthly saints.”. (shrink)