John Gardner was one of the most prolific, widely read, and
influential scholars working in philosophy of law. This book
celebrates, explores, and develops themes of his work during his
sixteen years as Professor of Jurisprudence at University of
Oxford. Written by a team of contributors whose own work has been
influenced by Gardner's and with whom he has worked closely, this
book engages with many of the concepts, themes, and issues that
were central to his philosophical work and outlook. It expands on
his arguments, offers original rebuttals to some, and draws
connections with parallel and emerging fields that have been
influenced by his work. This is the first book-length treatment
covering the entire range of his scholarship, and will serve as a
handbook of sorts, for those scholars seeking to engage Gardner's
work and make connections across the wide range of topics on which
he has written. In particular, the volume comprises discussions of
duties to try and succeed in relation to Hume's maxim that 'ought
implies can'; the role of continuity, conservatism, and corrective
justice in private law, the interrelations between wrongdoing,
blame, punishment, and the justification of criminal law,
justifications, excuses, and responsibility, the distinctiveness of
the wrongs of rape and discrimination, as well as general
jurisprudence and how it may, or may not, illuminate the questions
of normativity and the nature of constitutions. The volume also
engages with further concepts and questions addressed through the
prism of Gardner's work, include Indigenous rights and law, Equity,
corporate responsibility and the possibility of state crimes, and
the nature, structure, and phenomenology of virtue. Together, the
papers collected in this volume pay homage to the breadth of John
Gardner's legal philosophy. The conversations begun, or continued,
in this volume will continue to inform the contributors' future
work, and thus increase the likelihood that John's body of work
will have an ever greater influence on the future of legal
philosophy.
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