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 Please do not quote from anything you find here or cite to this location.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.

'Discrimination: The Good, the Bad, and the Wrongful', for the Aristotelian Society (meeting on 30 October 2017). Posted 1 October 2017.

'The Opposite of Rape', a follow-up to the 1998 paper 'The Wrongness of Rape' that I co-wrote with Stephen Shute, forthcoming in the Oxford Journal of Legal Studies. Latest version posted 1 October 2017.

'Holding On', forthcoming in the Jerusalem Review of Legal Studies. My reply to three critics of draft material from my forthcoming book. Posted 2 August 2017.

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

'The Twilight of Legality', unedited text of my Irvine Lecture delivered at Cornell Law School in October 2015. Posted 16 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.