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Matthew Henry Kramer
Cambridge University
  1. Moral Realism as a Moral Doctrine.Matthew H. Kramer - 2009 - Wiley-Blackwell.
    In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting the (...)
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  2.  52
    The Quality of Freedom.Matthew H. Kramer - 2008 - Oxford University Press.
    In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.
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  3.  3
    Liberalism with Excellence.Matthew H. Kramer - 2017 - Oxford University Press.
    During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...)
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  4. A Debate Over Rights.Matthew H. Kramer, N. E. Simmonds & Hillel Steiner - 2000 - Mind 109 (436):954-956.
    The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.
     
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  5. There’s Nothing Quasi About Quasi-Realism: Moral Realism as a Moral Doctrine.Matthew Kramer - 2017 - The Journal of Ethics 21 (2):185-212.
    This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...)
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  6.  16
    A Debate Over Rights: Philosophical Enquiries.Matthew H. Kramer - 1998 - Clarendon Press.
    This collection of essays forms a lively debate over the fundamental characteristics of legal and moral rights. The essays examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices.
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  7. In Defense of Legal Positivism: Law Without Trimmings.Matthew H. Kramer - 1999 - Oxford University Press.
    This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.
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  8.  91
    Some Doubts About Alternatives to the Interest Theory of Rights.Matthew H. Kramer - 2013 - Ethics 123 (2):245-263.
  9.  85
    Objectivity and the Rule of Law.Matthew Kramer - 2007 - Cambridge University Press.
    What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising a number (...)
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  10.  31
    The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences.Matthew H. Kramer - 2011 - Oxford University Press.
    Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
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  11.  53
    Torture and Moral Integrity: A Philosophical Enquiry.Matthew H. Kramer - 2014 - Oxford University Press.
    The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.
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  12.  61
    Where Law and Morality Meet.Matthew H. Kramer - 2004 - Oxford University Press.
    How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are (...)
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  13. Liberty and Domination.Matthew Kramer - 2003 - In Cécile Laborde & John W. Maynor (eds.), Republicanism and Political Theory. Blackwell. pp. 31--57.
  14.  49
    Theories of Rights: Is There a Third Way?Matthew H. Kramer & Hillel Steiner - 2007 - Oxford Journal of Legal Studies 27 (2):281-310.
    Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of rights; but (...)
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  15. 10. Lucius T. Outlaw, Jr., On Race and Philosophy Lucius T. Outlaw, Jr., On Race and Philosophy (Pp. 454-456).Margaret Gilbert, Andrew Mason, Elizabeth S. Anderson, J. David Velleman, Matthew H. Kramer, Michele M. Moody‐Adams & Martha C. Nussbaum - 1999 - Ethics 109 (2).
  16.  2
    Hillel Steiner and the Anatomy of Justice: Themes and Challenges.Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.) - 2009 - Routledge.
    Throughout the English-speaking world, and in the many other countries where analytic philosophy is studied, Hillel Steiner is esteemed as one of the foremost contemporary political philosophers. This volume is designed as a festschrift for Steiner and as an important collection of philosophical essays in its own right. The editors have assembled a roster of highly distinguished international contributors, all of whom are eager to pay tribute to Steiner by focusing on topics on which he himself has concentrated. Some of (...)
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  17.  16
    On No-Rights and No Rights.Matthew H. Kramer - 2019 - American Journal of Jurisprudence 64 (2):213-223.
    As is well known to everyone familiar with the analytical table of legal relationships propounded by the American jurist Wesley Hohfeld, one of the eight positions in the table is that of the no-right. In most discussions of Hohfeld’s overall framework, no-rights have received rather little attention. Doubtless, one reason for the relative dearth of scrutiny is that Hohfeld devised a hyphenated neologism to designate no-rights. Each of the other positions in the Hohfeldian table is designated by a term with (...)
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  18. Moral Rights and the Limits of the Ought‐Implies‐Can Principle: Why Impeccable Precautions Are No Excuse.Matthew H. Kramer - 2005 - Inquiry: An Interdisciplinary Journal of Philosophy 48 (4):307 – 355.
    This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...)
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  19. In Defense of Hart.Matthew H. Kramer - 2013 - In Wil Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press. pp. 22.
    In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...)
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  20.  59
    Legal and Moral Obligation.Matthew H. Kramer - 2005 - In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell. pp. 179--190.
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  21.  27
    Problems of Dirty Hands As a Species of Moral Conflicts.Matthew H. Kramer - 2018 - The Monist 101 (2):187-198.
    Every problem of dirty hands is a moral conflict in which a highly unpalatable course of conduct is chosen for the sake of fulfilling a stringent moral duty, and in which either the chosen course of conduct is evil or else it would have been evil in the absence of the exigent circumstances to which it is a response. To support this conception of problems of dirty hands, this paper endeavors to elucidate the nature of moral conflicts and the nature (...)
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  22. In Defense of Legal Positivism: Law Without Trimmings.Matthew Kramer - 2000 - Philosophical Quarterly 50 (200):422-425.
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  23. Freedom: A Philosophical Anthology.Ian Carter, Matthew H. Kramer & Hillel Steiner (eds.) - 2007 - Blackwell.
    Edited by leading contributors to the literature, Freedom: An Anthology is the most complete anthology on social, political and economic freedom ever compiled. Offers a broad guide to the vast literature on social, political and economic freedom. Contains selections from the best scholarship of recent decades as well as classic writings from Hobbes, Locke, Rousseau and Kant among others. General and sectional introductions help to orient the reader. Compiled and edited by three important contributors to the field.
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  24.  33
    Erratum To: There’s Nothing Quasi About Quasi-Realism: Moral Realism as a Moral Doctrine.Matthew Kramer - 2017 - The Journal of Ethics 21 (2):213-214.
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  25. Freedom of Expression as Self-Restraint.Matthew H. Kramer - 2022 - Sage Publications Ltd: Philosophy and Social Criticism 48 (4):473-483.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.
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  26. John Locke and the Origins of Private Property: Philosophical Explorations of Individualism, Community, and Equality.Matthew H. Kramer - 1997 - Cambridge University Press.
    John Locke's labor theory of property is one of the seminal ideas of political philosophy and served to establish its author's reputation as one of the leading social and political thinkers of all time. Through it Locke addressed many of his most pressing concerns, and earned a reputation as an outstanding spokesman for political individualism - a reputation that lingers widely despite some partial challenges that have been raised in recent years. In this major new study Matthew Kramer offers an (...)
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  27.  2
    Rights, Wrongs and Responsibilities.Matthew H. Kramer (ed.) - 2001 - Palgrave.
    In this wide-ranging investigation of leading issues in contemporary legal and political philosophy, distinguished philosophers and legal theorists tackle issues such as the rights of animals, the role of public-policy considerations in legal reasoning, the appropriateness of compensation as a means of rectifying mishaps and misdeeds, the extent of individuals' responsibility for the consequences of their choices, and the culpability of failed attempts to commit crimes.
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  28.  75
    The Purgative Rationale for the Death Penalty: Replies to Steiker and Danaher.Matthew H. Kramer - 2015 - Criminal Law and Philosophy 9 (2):379-394.
    This article defends my 2011 book “The Ethics of Capital Punishment” against the thoughtful critiques written by Carol Steiker and John Danaher respectively. It does not attempt to respond to every point of contention in the two critiques, but concentrates instead on a few of the main points from each of them.
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  29. Freedom and the Rule of Law.Matthew H. Kramer - 2011 - In Jerzy Stelmach & Bartosz Brożek (eds.), The Normativity of Law. Copernicus Center Press.
     
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  30.  1
    The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy.Matthew H. Kramer (ed.) - 2008 - Oxford University Press.
    This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.
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  31.  23
    Hart and the Metaphysics and Semantics of Legal Normativity.Matthew H. Kramer - 2018 - Ratio Juris 31 (4):396-420.
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  32. What Is Legal Philosophy?Matthew H. Kramer - 2012 - Metaphilosophy 43 (1-2):125-134.
    This article delineates some of the main issues that are debated by philosophers of law. It explores the connections between legal philosophy and other areas of philosophy, while also seeking to specify the distinctiveness of many of the concerns that have preoccupied philosophers of law. It illustrates its abstract points with examples focused on the separability of law and morality, the nature of the rule of law, the nature of rights, justifications for the imposition of punishment, and the identification of (...)
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  33.  38
    Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff.Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.) - 2011 - Oxford University Press.
    This volume collects essays by leading criminal law theorists to explore the principal themes in his work.
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  34.  3
    In Defense of Hart.Matthew H. Kramer - 2013 - Legal Theory 19 (4):370-402.
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  35. On the Separability of Law and Morality.Matthew Kramer - 2004 - Canadian Journal of Law and Jurisprudence 17 (2):315-335.
    If there is one doctrine distinctively associated with legal positivism, it is the separability of law and morality. Both in opposition to classical natural-law thinkers and in response to more recent theorists such as Ronald Dworkin and Lon Fuller, positivists have endeavored to impugn any number of ostensibly necessary connections between the legal domain and the moral domain. Such is the prevailing view of legal positivism among people familiar with jurisprudence. During the past couple of decades, however, that prevailing view (...)
     
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  36.  12
    Why The Axioms and Theorems of Arithmetic Are Not Legal Norms.Matthew H. Kramer - 2007 - Oxford Journal of Legal Studies 27 (3):555-562.
    Ronald Dworkin has long criticized legal positivists for their efforts to distinguish between legal and non-legal standards of conduct that are incumbent on people. Recently, Dworkin has broached this criticism in his hostile account of the debates between Incorporationist Legal Positivists and Exclusive Legal Positivists. Specifically, he has maintained that Incorporationists cannot avoid the unpalatable conclusion that the axioms and theorems of arithmetic are legal norms. This article shows why such a conclusion is indeed avoidable and why Dworkin's criticism is (...)
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  37.  22
    On Political Morality and the Conditions for Warranted Self-Respect.Matthew Kramer - 2017 - The Journal of Ethics 21 (4):335-349.
    In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although my understanding (...)
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  38.  56
    The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy.Matthew Kramer, Claire Grant, Ben Colburn & Antony Hatzistavrou (eds.) - 2008 - Oxford University Press.
    This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...)
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  39.  94
    Moral Principles and Legal Validity.Matthew H. Kramer - 2009 - Ratio Juris 22 (1):44-61.
    Two recent high-quality articles, including one in this journal, have challenged the Inclusivist and Incorporationist varieties of legal positivism. David Lefkowitz and Michael Giudice, writing from perspectives heavily influenced by the work of Joseph Raz, have endeavored—in sophisticated and interestingly distinct ways—to vindicate Raz's contention that moral principles are never among the law-validating criteria in any legal system nor among the laws that are applied as binding bases for adjudicative and administrative decisions in such a system. The present article responds (...)
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  40.  33
    How Moral Principles Can Enter Into the Law.Matthew Kramer - 2000 - Legal Theory 6 (1):83-108.
    In recent times, especially in the pages of this journal, the debate between the proponents of the two principal species of legal positivism has gained new vigor. Specifically, some champions of Exclusive Legal Positivism have sophisticatedly challenged the Inclusive Legal Positivists’ claim that moral principles can figure among the criteria by which the officials of a legal system ascertain the law. The present essay attempts to parry the most formidable of those recent challenges. 1.
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  41. Legal Responses to Consensual Sexuality Among Adults: Through and Beyond the Harm Principle.Matthew H. Kramer - 2014 - In C. G. Pulman (ed.), Hart on Responsibility.
  42. Do Animals and Dead People Have Legal Rights?Matthew Kramer - 2001 - Canadian Journal of Law and Jurisprudence 14 (1):29-54.
    This essay maintains that the question in its title is really three sets of questions: a conceptual inquiry, a moral/political inquiry, and an empirical inquiry. After devoting some attention to the relevant conceptual issues, the essay ponders in detail the moral/political issues. It suggests some answers to the germane moral/political questions, and it takes pains to distinguish those questions from other lines of inquiry with which they might be confused. Although only animals and dead people are mentioned in the title, (...)
     
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  43.  1
    Hobbes and the Paradoxes of Political Origins.Matthew H. Kramer - 1997 - St. Martin's Press.
    This book expounds an analytical method that focuses on paradoxes - a method originally associated with deconstructive philosophy, but bearing little resemblance to the interpretive techniques that have come to be designated as 'deconstruction' in literary studies. The book then applies its paradox-focused method as it undertakes a sustained investigation of Thomas Hobbe's political philosophy. Hobbes's theory of the advent and purpose of government turns out to reveal the impossibility of the very developments which it portrays as indispensable.
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  44.  28
    Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders.Matthew Kramer - 1998 - Oxford Journal of Legal Studies 18 (2):235-263.
    Lon Fuller is best known among legal philosophers for his efforts to highlight the intrinsically moral nature of law. To show that his efforts come to nought, the present essay ponders not only the ideas advanced by Fuller himself, but also some of the defences of him that have been mounted in recent years. Those defences centre on his notion of reciprocity, according to which the officials in a genuine legal system have effectively undertaken to respect die confines of the (...)
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  45. When Is There Not One Right Answer?Matthew H. Kramer - 2008 - American Journal of Jurisprudence 53 (1):49-68.
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  46.  2
    Freedom of Expression as Self-Restraint.Matthew H. Kramer - 2022 - Philosophy and Social Criticism 48 (4):473-483.
    Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.
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  47.  11
    Retributivism in the Spirit of Finnis.Matthew H. Kramer - 2013 - In John Keown & Robert P. George (eds.), Reason, Morality, and Law: The Philosophy of John Finnis. Oxford University Press. pp. 167.
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  48. Consistency is Hardly Ever Enough: Reflections on Hillel Steiner's Methodology.Matthew H. Kramer - 2009 - In Stephen De Wijze, Matthew H. Kramer & Ian Carter (eds.), Hillel Steiner and the Anatomy of Justice: Themes and Challenges. Routledge.
  49.  94
    On the Unavoidability of Actions: Quentin Skinner, Thomas Hobbes, and the Modern Doctrine of Negative Liberty.Matthew H. Kramer - 2001 - Inquiry: An Interdisciplinary Journal of Philosophy 44 (3):315 – 330.
    During the past few decades, Quentin Skinner has been one of the most prominent critics of the ideas about negative liberty that have developed out of the writings of Isaiah Berlin. Among Skinner?s principal charges against the contemporary doctrine of negative liberty is the claim that the proponents of that doctrine have overlooked the putative fact that people can be made unfree to refrain from undertaking particular actions. In connection with this matter, Skinner contrasts the present-day theories with the prototypical (...)
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  50.  77
    No Better Reasons: A Reply to Alan Gewirth.Matthew H. Kramer & Nigel E. Simmonds - 1998 - Southern Journal of Philosophy 36 (1):131-139.
    Alan Gewirth has propounded a moral theory which commits him to the view that prescriptions can appropriately be addressed to people who have neither any moral reasons nor any prudential reasons to follow the prescriptions. We highlight the strangeness of Gewirth's position and then show that it undermines his attempt to come up with a supreme moral principle.
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