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 Please do not quote from anything you find here or cite to this location.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

'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 published at Jotwell by Bill Edmundson.

'The Opposite of Rape', a follow-up to the 1998 paper 'The Wrongness of Rape' that I co-wrote with Stephen Shute. Posted 2 February 2016. Update 15 March 2017: now conditionally accepted by the Oxford Journal of Legal Studies.

'Reasonable Reactions to the Wrongness of Rape', a reply to bob Watt's critique of 'The Wrongness of Rape', forthcoming in the Denning Law Journal (where bob's piece also appeared). Posted 2 February 2016.

'The Twilight of Legality', unedited text of my Irvine Lecture delivered at Cornell Law School in October 2015. Posted 16 May 2016.

'Tort Law and its Theory', advanced draft of my contribution to John Tasioulas (ed), The Cambridge Companion to the Philosophy of Law, forthcoming 2017. Posted 23 May 2016.

'Ripstein on Private Authority', written for a Symposium on Arthur Ripstein's book Private Wrongs in the Jerusalem Review of Legal Studies. Posted 2 Novermber 2016.

'Dagan and Dorfman on the Value of Private Law', forthcoming in Columbia Law Review Online. A commissioned response to the CLR paper 'Just Relationships' by Hanoch Dagan and Avihay Dorfman. Posted 30 March 2017.