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Timothy Endicott [26]Timothy A. O. Endicott [7]Timothy Andrew Orville Endicott [2]
  1.  86
    Vagueness in law.Timothy Andrew Orville Endicott - 2000 - New York: Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  2.  95
    Law and language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.
    The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...)
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  3. Law is Necessarily Vague.Timothy Endicott - 2001 - Legal Theory 7 (1):377--83.
    In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law? The problem has long concerned philosophers of law; the papers at this symposium address it afresh by asking what legal (...)
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  4.  49
    Legal misinterpretation.Timothy Endicott - 2022 - Jurisprudence 13 (1):99-106.
    In his book, _Interpretation without Truth_, Pierluigi Chiassoni articulates the sceptical view that the province of legal interpretation is ‘a province without truth’. A misinterpretation is a false interpretation, and I argue that the widespread phenomenon of legal misinterpretation gives us reason to resist the sceptical conclusion. The potential for a legal interpretation to be a false interpretation –a misinterpretation– implies that a legal interpretation can be true. And legal misinterpretations can be understood as interpretations (and not as the product (...)
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  5. Herbert Hart and the Semantic Sting.Timothy Endicott - 2001 - In Jules L. Coleman (ed.), Hart's Postscript: Essays on the Postscript to `the Concept of Law'. Oxford University Press.
     
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  6.  92
    Putting interpretation in its place.Timothy A. O. Endicott - 1994 - Law and Philosophy 13 (4):451 - 479.
    What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...)
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  7. Herbert Hart and the Semantic Sting: Timothy A.O. Endicott.Timothy Endicott - 1998 - Legal Theory 4 (3):283-300.
    Even to disagree, we need to understand each other. If I reject what you say without understanding you, we will only have the illusion of a disagreement. You will be asserting one thing and I will be denying another. Even to disagree, we need some agreement.
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  8.  40
    Vagueness and Law.Timothy Endicott - 2011 - In Giuseppina Ronzitti (ed.), Vagueness: A Guide. Springer Verlag. pp. 171--191.
    The author argues that vagueness in law is typically extravagant, in the sense that it is possible for two competent users of the language, who understand the facts of each case, to take such different views that there is not even any overlap between the cases that each disputant would identify as borderline. Extravagant vagueness is a necessary feature of legal systems. Some philosophers of law and philosophers of language claim that bivalence is a property of statements in the domains (...)
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  9.  31
    Interpretation, jurisdiction, and the authority of law.Timothy Endicott - 2007 - American Philosophical Association Newsletter 6:14-19.
    People can be autonomous, if they are subject to authority. In particular, they can be autonomous if they are subject to the authority of law. I defend the first claim through a study of Joseph Raz's compelling account of authority; I claim that his work leads to the conclusion that autonomous judgment is needed to determine the jurisdiction of an authority, and to interpret its directives. I defend the second claim by arguing that law does not claim unlimited jurisdiction, and (...)
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  10.  23
    Human rights and the executive.Timothy Endicott - 2020 - Jurisprudence 11 (4):597-609.
    Where the law protects human rights, the executive branch of government does well if it complies with the law, and goes wrong if it does not comply. And then you may think that the paradigmatic fun...
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  11. Law and Language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  12.  94
    The impossibility of the rule of law.Timothy A. O. Endicott - 1999 - Oxford Journal of Legal Studies 19 (1):1-18.
    No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...)
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  13.  97
    Are there any rules?Timothy Endicott - 2001 - The Journal of Ethics 5 (3):199-219.
    Widespread, deep controversy as to the content of the law of a community is compatible with the view that the law is a system of rules. I defend that view through a critique of Ronald Dworkin's discussion of Riggs v. Palmer 22 N.E. 188. Dworkin raised an important challenge for jurisprudence: to account for the fact that legal rights and duties are frequently controversial. I offer an explanation of the possibility of deep disagreement about the application of social rules, which (...)
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  14. Vagueness and Legal Theory.Timothy A. O. Endicott - 1997 - Legal Theory 3 (1):37-63.
    The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in (...)
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  15. The Logic of Freedom and Power.Timothy Endicott - 2010 - In Samantha Besson & John Tasioulas (eds.), The philosophy of international law. Oxford: Oxford University Press. pp. 245-259.
    A state is sovereign if it has complete power within a political community, and complete independence. It may seem that the idea of sovereignty is objectionable because of two moral principles, or incoherent because of a paradox. The paradox is that a sovereign state must be capable of binding itself and must also be incapable of binding itself. The moral principles are that no state can justly exercise complete power internally, or complete independence (since complete independence would imply freedom from (...)
     
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  16.  53
    Adjudication and the Law.Timothy Endicott - 2005 - Oxford Journal of Legal Studies 27 (2):311-326.
    It can be compatible with justice and the rule of law for a court to impose new legal liabilities retrospectively on a defendant. But judges do not need to distinguish between imposing a new liability, and giving effect to a liability that the defendant had at the time of the events in dispute. The distinction is to be drawn by asking which of the court's reasons for decision the institutions of the legal system had already committed the courts to act (...)
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  17. The Value of Vagueness.Timothy Endicott - 2011 - In Andrei Marmor & Scott Soames (eds.), Philosophical foundations of language in the law. Oxford University Press.
     
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  18. Raz on Gaps: The Surprising Part.Timothy Endicott - 2003 - In Lukas H. Meyer, Stanley L. Paulson & Thomas W. Pogge (eds.), Rights, Culture and the Law: Themes From the Legal and Political Philosophy of Joseph Raz. Oxford University Press.
    In English law, there are various ways in which contracts can be invalid or unenforceable because they are immoral — and yet English lawyers know that many contracts are conclusively binding. The first two sources of legal gaps that Joseph Raz identifies do not seem surprising. Vagueness in the sources of law leads to gaps in borderline cases, and there is a gap if the law includes inconsistent rules, with no way of deciding which is effective. In those situations it (...)
     
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  19. The Reason of the Law.Timothy Endicott - 2003 - American Journal of Jurisprudence 48 (1):83-106.
    Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality– (...)
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  20. 'International meaning': Comity in fundamental rights adjudication.Timothy A. O. Endicott - 2002 - International Journal of Refugee Studies 13:280-292.
    In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from that (...)
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  21.  40
    Authentic Interpretation.Timothy Endicott - 2020 - Ratio Juris 33 (1):6-23.
    I approach the identification of the principles of legal interpretation through a discussion of an important but largely forgotten strand in our legal heritage: the idea (and at some points in English law, the rule) that the interpretation of legislation is to be done by the law maker. The idea that authentic interpretation is interpretation by the law maker united the Roman Emperors Constantine and Justinian with Bracton, Aquinas, King James I of England, Hobbes, and Bentham. Already in the early (...)
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  22.  79
    How to Speak the Truth.Timothy A. O. Endicott - 2001 - American Journal of Jurisprudence 46 (1):229-248.
    Argues that some important problems in the theory of legal interpretation can be resolved with three techniques that John Finnis used in Natural Law and Natural Rights to address a methodological problem in jurisprudence: (1) The analogy principle: The application of a word such as “friendship” or “law” is not based on a set of features shared by each instance, but is based on similarities of a variety of kinds, seen by the people who use the words as justifying the (...)
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  23.  56
    Morality and the Making of Law: Four Questions.Timothy Endicott - 2010 - Jurisprudence 1 (2):267-275.
    I address four questions that arise out of Nigel Simmonds's book, Law as a Moral Idea : Is politics a moral idea too? Is there any such thing as law making? Is there a right answer to every legal dispute? What justifies a judicial decision? To each question I propose an answer that shares much with Simmonds's views, but diverges. Simmonds is right to call law a 'moral idea', and that implies a connection between law and a moral ideal; in (...)
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  24. Proportionality and incommensurability.Timothy Endicott - 2014 - In Grant Huscroft, Bradley W. Miller & Grégoire C. N. Webber (eds.), Proportionality and the Rule of Law: Rights, Justification, Reasoning. New York, NY: Cambridge University Press.
     
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  25.  20
    Philosophical Foundations of Precedent.Timothy Endicott, Hafsteinn Dan Kristjánsson & Sebastian Lewis (eds.) - 2023 - Oxford University Press.
    Philosophical Foundations of Precedent offers a broad, deep, and diverse range of philosophical investigations of the role of precedent in law, adjudication, and morality. The forty chapters present the work of a large and inclusive group of authors which comprises of well-established leaders in the discipline and new voices in legal philosophy. The magnitude of the resulting project is extraordinary, presenting a diverse array of innovative and creative philosophical investigations of the practice of adhering to past decisions, in law and (...)
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  26.  18
    Properties of Law: Essays in Honour of Jim Harris.Timothy Endicott, Joshua Getzler & Edwin Peel (eds.) - 2006 - New York: Oxford University Press.
    This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
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  27.  17
    What aspects of justice should not be the law’s concern?Timothy Endicott & José Maria Sauca Cano - 2020 - Jurisprudence 11 (3):416-416.
    We are delighted to present four articles that had their inception in a conference at Universidad Carlos III in Madrid in June 2016 on the question, ‘What aspects of justice should not be the law’s...
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  28.  10
    Timothy Endicott.Timothy Endicott - 2017 - Problema. Anuario de Filosofía y Teoria Del Derecho 1 (11).
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  29. The infant in the snow.Timothy Endicott - 2006 - In James W. Harris, Timothy Andrew Orville Endicott, Joshua Getzler & Edwin Peel (eds.), Properties of Law: Essays in Honour of Jim Harris. Oxford University Press.
    Suppose that you are wandering across the tundra, and you find an infant, all alone, in the snow. She is incapable of discourse, and yet she has the same human rights as anyone who is capable of discourse. Those rights do not depend on the practices or conventions of your people, or hers. Human discourse and human conventions play no role in human rights. I elaborate these claims through a critique of J.W. Harris’s groundbreaking analytical account of human rights. I (...)
     
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  30.  21
    The Irony of Law.Timothy Endicott - 2013 - In John Keown & Robert P. George (eds.), Reason, morality, and law: the philosophy of John Finnis. Oxford, United Kingdom: Oxford University Press. pp. 327-345.
    John Finnis says that central cases of the concepts of social theory (such as the concept of law) fully instantiate certain characteristic values (which are instantiated in more-or-less watered-down ways in peripheral cases). Yet the instances of some such concepts (such as the concepts of slavery, of tyranny, and of murder) do not instantiate any value. I propose a solution to this puzzle: the central cases of such concepts focally instantiate certain ills. The central case of a concept essential to (...)
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  31.  35
    What Human Rights Are There—if Any—and Why?Timothy Endicott - 2010 - Studies in Christian Ethics 23 (2):172-181.
    Are there human rights to a good such as social welfare, which depends on circumstances, and on the needs of a putative right-holder? Is justice constituted by rights? Does it take belief in God to understand the grounds of human rights? The essay responds to Nicholas Wolterstorff’s answers to these questions.
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  32.  23
    What use has approved.Timothy Endicott - 2020 - Ratio 33 (4):220-231.
    The meaning of a word is given by a customary rule for its use. I defend that claim and explain its implications by a comparison with customary rules in law. I address two problems about customary rules: first, how can the mere facts of social practice yield a norm? Secondly, how can we explain disagreement about the requirements of a custom, if those requirements are determined by the shared practice of the participants in a community? These problems can be resolved (...)
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  33.  15
    What aspects of justice should not be the law’s concern?José Maria Sauca Cano & Timothy Endicott - 2020 - Jurisprudence 11 (3):416-416.
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