Back to Alan Brudner's profile
Books
The Owl and the Rooster: Hegel's Transformative Political Science (New York: Cambridge University Press, 2017).
The Unity of the Common Law, rev. ed. with Jennifer M. Nadler (Oxford: Oxford University Press, 2013).
Punishment and Freedom: A Liberal Theory of Penal Justice (Oxford: Oxford University Press, 2009).
Constitutional Goods (Oxford: Oxford University Press, 2004).
The Unity of the Common Law: Studies in Hegelian Jurisprudence (Berkeley: University of California Press, 1995).
Translation, Edited Collection
Hegel's Lectures on the Philosophy of Right, 1819/20, translated with an introduction and notes (Toronto: University of Toronto Press, 2023).
Guest ed., Property, special issue of the Canadian Journal of Law and Jurisprudence, (1993).
Chapters in Books
"How Are Private Wrongs Possible," in Hanoch Dagan and Benjamin Zipursky, eds., Research Handbook on Private Law Theories (Edward Elgar, 2020).
"The Evolution of Authority," in Patrick Capps and Henrik Olsen, eds., Legal Authority Beyond the State (Cambridge: Cambridge University Press, 2018).
"The Contraction of Crime in Hegel's Rechtsphilosophie," in M. Dubber, ed., Foundational Texts in Modern Criminal Law (Oxford: Oxford University Press, 2014).
"Punishment," in Thom Brooks, ed. Retribution (Ashgate, 2014). Reprinted from Punishment and Freedom.
"Private Property and Public Welfare," in J.E. Penner and H.E. Smith, eds., The Philosophical Foundations of Property Law (Oxford: Oxford University Press, 2013).
"The Wrong, the Bad, and the Wayward: Liberalism's Mala in Se," in Francois Tanguay-Renaud and James Stribopoulos, eds., Rethinking Criminal Law Theory (Oxford: Hart Publishing, 2012).
"Hegel on the Relation Between Law and Justice," in Thom Brooks, ed., Hegel's Philosophy of Right: Essays on Ethics, Politics, and Law(Oxford: Blackwell, 2012).
"What Theory of Rights Best Explains the Oakes Test?" in Gregoire Webber and Luc Tremblay, eds., The Limitation of Charter Rights: Critical Essays on R. v. Oakes(Montreal: Les Editions Themis, 2009).
"Agency and Welfare in the Penal Law" in S. Shute, J. Gardner and J. Horder, eds., Action and Value in Criminal Law (Oxford: Clarendon Press, 1993).
"Commentary: In Defense of Retributivism" in Wesley Cragg, ed., Retributivism and its Critics (Stuttgart: Steiner Verlag, 1991).
"Ethical Perspectives on Health Hazards from Asbestos" in M. Trebilcock and C. Tuohy, eds., Policy Options in the Regulation of Asbestos-Related Health Hazards (1982).
Articles
"Can the Constitutional State Accommodate the Administrative State? Rousseau versus Hegel," forthcoming in Jurisprudence.
"Liberalism, Public Reason, and the Basic Freedoms," trans. Antonio P. Freire, (2021) 55 Anales de la Catedra Francisco Suarez 7-48.
"Absolute Authority," (2020) 40 Oxford Journal of Legal Studies, 215–237.
"In Defense of Embedded Atomism: A Reply to Critics," (2014) 1(2) Critical Analysis of Law 343-354.
"Realism's Illusions," (2014) 1(2) Critical Analysis of Law 199-211.
"Symposium on Punishment and Freedom: A Reply to Burns, Harel, Knowles, and Stewart," (2012) 3(1) Jurisprudence 241-251.
"Constitutionalizing Self-Defence," (2011) 61(4)University of Toronto Law Journal, 867-897.
"A Reply to Critics of Punishment and Freedom," (2011) 14(3) New Criminal Law Review 495-517.
"Private Law and Kantian Right," (2011) 61(2) University of Toronto Law Journal 279-311.
"A Reply to Critics of Constitutional Goods," (2009) 22 Canadian Journal of Law and Jurisprudence 237-66.
"Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law," (2009) 3 Criminal Law and Philosophy 147-66.
"Subjective Fault for Crime: A Reinterpretation," (2008) 14 Legal Theory 1-38.
"The Liberal Duty to Recognize Cultures," (2003) 8:2 Review of Constitutional Studies 129-168.
"Insane Automatism: A Proposal for Reform," (2000) 45 McGill Law Journal 65-85.
"Guilt Under the Charter: The Lure of Parliamentary Supremacy," (1998) 40 Criminal Law Quarterly 287-325.
"Owning Outcomes: On Intervening Causes, Thin Skulls, and Fault-Undifferentiated Crimes," (1998) 11 Canadian Journal of Law and Jurisprudence 89-114.
"Proportionality, Stigma, and Discretion," (1996) 38 Criminal Law Quarterly 302-321.
"Reconstructing Contracts," (1993) 43 University of Toronto Law Journal 1-64.
"The Unity of Property Law," (1991) 4 Canadian Journal of Law and Jurisprudence 3-66.
"The Ideality of Difference: Toward Objectivity in Legal Interpretation," (1990) 11 Cardozo Law Rev. 1133-1210.
"Imprisonment and Strict Liability," (1990) 40 University of Toronto Law Journal 738-774.
"Hegel and the Crisis of Private Law," (1989) 10 Cardozo Law Rev. 949-1000.
"A Theory of Necessity," (1987) 7 Oxford Journal of Legal Studies 339-368.
"What Are Reasonable Limits to Equality Rights," (1986) 64 Canadian Bar Review 469-506.
"The Domestic Enforcement of International Covenants on Human Rights: A Theoretical Framework," (1985) 35 University of Toronto Law Journal 219-254.
"From Jacmain to Leeming: The Problem of Probationary Employees in the Public Sector," (1983) 21 Osgoode Hall Law Journal 1-16.
"Tort Liability for Breach of Statute: A Natural Rights Perspective" (with J.R.S. Prichard), (1983) 2 Law and Philosophy 89-117.
"Constitutional Monarchy as the Divine Regime: Hegel's Theory of the Just State," (1981) 2 History of Political Thought 119-140.
"Retributivism and the Death Penalty," (1980) 30 University of Toronto Law Journal 337-355.
"The Significance of Hegel's Prefatory Lectures on the Philosophy of Law and Hegel's Prefatory Lectures on the Philosophy of Law (a translation),” (1978) 8 Clio 41-69.
Comments in Academic Journals and Books
"Is Negligence Blameless?" in Paul Robinson, Stephen Garvey, and Kimberly Ferzan, eds., Criminal Law Conversations (Oxford: Oxford University Press, 2009).
"Punishment and Violence," (1991) 13 Cardozo L. Rev. 1297-1301.
"Professor Weinrib's Coherence," (1990) 11 Cardozo L. Rev. 553-562.
"Civil Liability for Breach of Statutory Duty Abolished," (1984) 62 Canadian Bar Review 668-679.
Encyclopedia Entry
"Mens Rea" in C. B. Gray, ed., The Philosophy of Law: An Encyclopedia (Garland: New York, 1999).
Book Reviews
"The Rise and Fall of Private Law," review of Ernest J. Weinrib, Reciprocal Freedom, (2024) 37(1) Canadian Journal of Law and Jurisprudence 323-341.
Review of Human Rights-Fact or Fancy by H. B. Veatch (1987) 37 Univ. of Toronto Law Journal 327-334.
Back to Top
