David Enoch

Hebrew University - The Philosophy Department and the Law School

The Rodney Blackman Chair in the Philosophy of Law, The Philosophy Dept. and the Faculty of Law

Mount Scopus

Mount Scopus, IL 91905

Israel

SCHOLARLY PAPERS

53

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Scholarly Papers (53)

1.

The Masses and the Elites: Political Philosophy for the Age of Brexit, Trump & Netanyahu

Hebrew University of Jerusalem Legal Research Paper No. 17-13
Number of pages: 31 Posted: 27 Jan 2017 Last Revised: 16 Mar 2017
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 1,400 (12,677)

Abstract:

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Political Philosophy, Ideal and Non-Ideal Theory

2.
Downloads 857 ( 26,524)

The Case Against Moral Luck

USC Law and Public Policy Research Paper No. 03-23
Number of pages: 39 Posted: 03 Dec 2003
David Enoch and Andrei Marmor
Hebrew University - The Philosophy Department and the Law School and Cornell University - Law School
Downloads 788 (29,323)

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The Case Against Moral Luck

Law and Philosophy 26(4) (2006), 405-436., USC Law Legal Studies Paper No. 15-15
Number of pages: 33 Posted: 18 May 2015 Last Revised: 05 Jun 2015
David Enoch and Andrei Marmor
Hebrew University - The Philosophy Department and the Law School and Cornell University - Law School
Downloads 69 (329,947)

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Moral luck

3.

Is General Jurisprudence Interesting?

Number of pages: 34 Posted: 03 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 560 (47,095)

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Jurisprudence, the Normativity of Law, Legal Positivism, Metaethics, Normativity

4.

Against Public Reason

Number of pages: 31 Posted: 11 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 436 (64,389)

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Rawls, Public Reason, Political Philosophy, Political Liberalism

5.

Political Philosophy and Epistemology: The Case of Public Reason

Number of pages: 46 Posted: 04 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 434 (64,752)

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Political Philosophy, Epistemology, Public Reason, Rawls, Political Liberalism, Pragmatic Encroachment

6.

Legal as a Thick Concept

W.J. Waluchow & Stefan Sciaraffa eds., The Nature of Law: Contemporary Perspectives (Oxford University Press, Forthcoming).
Number of pages: 27 Posted: 02 Aug 2012
David Enoch and Kevin Toh
Hebrew University - The Philosophy Department and the Law School and University College London
Downloads 363 (80,014)

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legal judgments, thick concepts, nature of law, internal legal statements, external legal statements, detached legal statements

7.

Reason-Giving and the Law

Oxford Studies in the Philosophy of Law 1 (2011), 1-38.
Number of pages: 38 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 299 (99,376)

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Normativity, The normativity of law, legal positivism, reasons, practical reasons.

8.

A Defense of Moral Deference

Journal of Philosophy 111 (2014), 1-30.
Number of pages: 30 Posted: 04 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 285 (104,661)

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Moral epistemology, Moral Testimony, Moral Uncertainty

9.

An Outline of an Argument for Robust Metanormative Realism

Oxford Studies in Metaethics 2 (2007), 21-50.
Number of pages: 30 Posted: 20 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 212 (141,285)

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Moral Realism, Robust Realism, Metaethics, Indispensability

10.

Authority and Reason-Giving

Philosophy and Phenomenological Research 89 (2014), 296-332.
Number of pages: 47 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 179 (165,086)

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Authority, Normative Powers, Reasons, Practical Reasoning, Joseph Raz

11.

Moral Luck and the Law

Philosophy Compass 5 (2010), 42-54.
Number of pages: 13 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 169 (173,730)

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Moral Luck, Legal Luck, Legal Theory

12.

Agency, Shmagency: Why Normativity Won't Come from What is Constitutive of Action

Philosophical Review 115 (2006), 169-198.
Number of pages: 30 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 168 (174,650)

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Agency, Metaethics, Realism, Constitutivism, Constructivism, Korsgaard, Velleman

13.

Tort Liability and Taking Responsibility

John Oberdeek (ed.) Philosophical foundations of the Law of Torts (OUP 2014)
Number of pages: 32 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 153 (189,030)

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Corrective Justice, Tort Theory, Taking Responsibility

14.

Sense and 'Sensitivity': Epistemic and Instrumental Approaches to Statistical Evidence

Stanford Law Review, Vol. 67, No. 557, 2015
Number of pages: 55 Posted: 18 May 2015 Last Revised: 30 Jun 2015
David Enoch and Talia Fisher
Hebrew University - The Philosophy Department and the Law School and Tel Aviv University - Buchmann Faculty of Law
Downloads 147 (195,327)

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15.

Some Arguments Against Conscientious Objection and Civil Disobedience Refuted

Israel Law review 36 (2002), 227-253
Number of pages: 29 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 118 (231,977)

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Civil Disobedience, Conscientious Objection

16.

How is Moral Disagreement a Problem for Moral Realism?

The Journal of Ethics 13(1) (2009), 15.
Number of pages: 36 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 103 (255,528)

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Moral Realism, Moral Disagreement, Metaethics

17.

How Objectivity Matters

Shafer-Landau (ed.) Oxford Studies in Metaethics 5 (2010), 111-152.
Number of pages: 42 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 98 (264,150)

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Objectivity; Morality; Disagreement; Conflict; Neutrality; Conservative Extension; Impartiality; Subjectivism; Expressivism; Response-Dependence

18.

Being Responsible, Taking Responsibility, and Penumbral Agency

Heuer and Lang (eds.) Luck, Value, and Commitment: Themes from the Ethics of Bernard Wiliams (OUP 2012)
Number of pages: 42 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 98 (264,150)

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Responsibility, Moral Luck, Agency

19.

Giving Practical Reasons

The Philosopher's Imprint 11(4) (2011).
Number of pages: 22 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 93 (273,262)

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Reasons, Requests, Authority, Practical Reasoning, Normative Powers

20.

Why Idealize?

Ethics 115(4) (2005), 759-787.
Number of pages: 29 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 89 (280,970)

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Metaethics, Moral Realism, David Lewis, Dispositionalism, Response-Dependence, Idealization

21.

Can There Be a Global, Interesting, Coherent, Constructivism About Practical Reason?

Philosophical Explorations 12(3) (2009), 319-339.
Number of pages: 41 Posted: 18 May 2015 Last Revised: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 82 (295,513)

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Constructivism, Metaethics, Korsgaard, Street, Practical Reason

22.

Intending, Foreseeing, and the State

Legal Theory 13 (2007), 69-99.
Number of pages: 32 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 81 (297,689)

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Intending, Foreseeing, Doctrine of Double Effect, Terrorism

23.

Shmagency Revisited

Brady (ed.) New Waves in Metaethics, 2010
Number of pages: 26 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 78 (304,374)

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Metaethics, Constitutivism, Velleman, Agency, Korsgaard

24.

Statistical Evidence, Sensitivity, and the Legal Value of Knowledge

Philosophy and Public Affairs 40 (2012), 197-224.
Number of pages: 28 Posted: 17 May 2015
David Enoch, Levi Spectre and Talia Fisher
Hebrew University - The Philosophy Department and the Law School, Open University of Israel and Tel Aviv University - Buchmann Faculty of Law
Downloads 72 (318,714)

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Evidence, statistical evidence, legal theory, epistemology, sensitivity

25.

A Right to Violate One's Duty

Law and Philosophy 21 (2002), 355-384.
Number of pages: 30 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 68 (328,763)

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Rights, Duties

26.

Cognitive Biases and Moral Luck

The Journal of Moral Philosophy, 7 (2010) 1–15
Number of pages: 15 Posted: 18 May 2015
David Enoch and Ehud Guttel
Hebrew University - The Philosophy Department and the Law School and Hebrew University of Jerusalem - Faculty of Law
Downloads 65 (336,686)

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Moral Luck, Cognitive Biases

27.

Rationality, Coherence, Convergence: A Critical Comment on Michael Smith's Ethics and the A Priori

Philosophical Books 48 (2007), 99-108.
Number of pages: 10 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 62 (344,858)

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Michael Smith, Moral Realism, Metaethics, Rationaliy, Coherence, Convergence

28.

On Estlund's Democratic Authority

The Jerusalem Philosophical Quarterly 58 (January 2009): 35–48
Number of pages: 14 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 62 (344,858)

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Estlund, Political Philosophy, Democratic Theory, Public Reason

29.

Taking Disagreement Seriously: On Jeremy Waldron's 'Law and Disagreement'

The Israel Law Review 39 (2007), 22-35, Hebrew University of Jerusalem Legal Research Paper
Number of pages: 14 Posted: 02 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 62 (344,858)

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Jeremy Waldron, political philosophy, judicial review, disagreement, liberal thought, philosophy

30.

Playing the Hand You're Dealt: How Moral Luck Is Different from Morally Significant Plain Luck (And Probably Doesn’t Exist)

Number of pages: 20 Posted: 19 Apr 2019 Last Revised: 23 Apr 2019
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 59 (353,429)

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moral luck, moral responsibility, legal luck, agent-regret

31.

In Defense of Procedural Rights (or Anyway, Procedural Duties): A Response to Wellman

Legal Theory, Forthcoming
Number of pages: 14 Posted: 08 Mar 2018
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 59 (353,429)

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moral philosophy, rights, procedural rights, legal theory

32.

The Disorder of Public Reason

Ethics, Vol. 124, No. 141, 2013
Number of pages: 37 Posted: 04 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 59 (353,429)

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Public Reason, Political Philosophy, Rawls, Gerald Gaus.

33.

The Epistemological Challenge to Metanormative Realism: How Best to Understand it, and How to Cope with it

Philosophical Studies 148 (2010), 413-438.
Number of pages: 26 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 47 (391,728)

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Metaethics, Realism, Evolutionary Debunking Arguments, Moral Epistemology

34.

Deontology, Individualism, and Uncertainty: A Reply to Jackson and Smith

The Journal of Philosophy 105 (5) (2008).
Number of pages: 14 Posted: 18 May 2015 Last Revised: 19 May 2015
Ron Aboodi, Adi Borer and David Enoch
Hebrew University of Jerusalem - Centre for Moral and Political Philosophy, Hebrew University of Jerusalem and Hebrew University - The Philosophy Department and the Law School
Downloads 45 (398,660)

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Deontology, Moral Uncertainty

35.

How are Basic Belief-Forming Methods Justified?

Philosophy and Phenomenological Research 76(3) (2008), 547-579.
Number of pages: 33 Posted: 18 May 2015
David Enoch and Joshua Schechter
Hebrew University - The Philosophy Department and the Law School and Department of Philosophy
Downloads 40 (417,022)

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Epistemology, Justification, Reliablism

36.

On Analogies, Disanalogies, and Moral Philosophy: A Comment on John Mikhail's Elements of Moral Cognition

The Jerusalem Review of Legal Studies, 2013.
Number of pages: 25 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 37 (428,969)

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Moral Psychology, Experimental Philosophy

37.

On Mark Schroeder's Hypotheticalism

The Philosophical Review 120 (2011), 423-446.
Number of pages: 24 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 35 (437,073)

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Schroeder, Reasons, Humeanism, Metaethics

38.

עיון פילוסופי במשפט ועל אודותיו
(Philosophical Discussion of and in the Law)

Din Udvarim 4 (2008), 17-54.
Number of pages: 38 Posted: 20 May 2015
David Enoch and Alon Harel
Hebrew University - The Philosophy Department and the Law School and Hebrew University of Jerusalem - Faculty of Law
Downloads 31 (454,376)

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Legal theory, Philosophy of Law, Jurisprudence

39.

Just Because It’s a Phobia Doesn’t Mean You Shouldn’t Be Afraid

Number of pages: 19 Posted: 24 May 2019
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 26 (478,969)

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Ideal theory, utopianism, utopia, Estlund, Utopophobia

40.

Wouldn't It Be Nice If p, Therefore, p (for a moral p)

Utilitas 21 (2009), 222-4.
Number of pages: 3 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 26 (478,969)

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Moral Reasoning, Ethics, Deontic Logic

41.

Luck between Morality, Law, and Justice

theoretical Inquiries in Law 9 (2008), 23-59.
Number of pages: 38 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 23 (495,257)

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Moral Luck, Legal Luck, Luck Egalitarianism, Legal Theory

42.

A Comment on Yaffe's Attempts

Number of pages: 16 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 23 (495,257)

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Attempts, Theory of Criminal Law, Philosophy of Action, Trying

43.

How Noncognitivists Can Avoid Wishful Thinking

The Southern Journal of Philosophy 41 (4) (2003), 527-545.
Number of pages: 33 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 20 (512,260)

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Noncognitivism, Metaethics, Wishful Thinking, Cian Dorr

44.

Ends, Means, Side-Effects, and Beyond: A Comment on the Justification of the Use of Force

Theoretical Inquiries in Law 7(1), 43-57 (2005)
Number of pages: 16 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 19 (518,089)

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Intending, Foreseeing, Doctrine of Double Effect, Use of Force

45.

Epistemicism and Nihilism About Vagueness: What's the Difference?

Philosophical Studies 133(2) (2007), 285-311.
Number of pages: 27 Posted: 19 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 18 (523,875)

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Vagueness

46.

Whose Right is it? Reflection on Harel's Reflections on Palestinians' Interest in Return

Theoretical Inquiries in Law 5 (2004), 367-377
Number of pages: 12 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 18 (523,875)

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Right of Return

47.

Not Just a Truthometer: Taking Oneself Seriously (But Not Too Seriously) in Cases of Peer Disagreement

Mind 119 (2011), 953-997.
Number of pages: 55 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 18 (523,875)

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Peer Disagreement, Epistemology

48.

על פסק הדין של בית הדין הצבאי בעניין חמשת הסרבנים
On the Military Court's Decision in the Matter of the Five Objectors

Misphat Umimshal (Law and Government) 8(2), 701-730.
Number of pages: 33 Posted: 20 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 16 (535,278)

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Conscientious objection

49.

Constitutivism: On Rabbits, Hats, and Holy Grails

Number of pages: 22 Posted: 09 May 2019
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 14 (547,033)

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Metaethics, Michael Smith, Constitutivism

50.

Meaning and Justification: The Case of Modus Ponens

Nous 40(4) (2006), 687-715.
Number of pages: 28 Posted: 19 May 2015
Joshua Schechter and David Enoch
Department of Philosophy and Hebrew University - The Philosophy Department and the Law School
Downloads 14 (547,033)

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Epistemology, Analyticity, Modus Ponens, Meaning, Conceptual Role Semantics

51.

Noncognitivism, Normativity, and Belief: A Reply to Jackson

Ratio 14(2) (2001), 185-190.
Number of pages: 6 Posted: 18 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 9 (577,051)

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Noncognitivism, Metaethics, Frank Jackson

52.

עוד על הפטור משירות צבאי מטעמי מצפון: תגובה לדני סטטמן
More on the Conscience-Based Exemption from Military Service: A Reply to Dani Statman

Iyunei Mishpat (The Tel Aviv University Law Review) 2015
Number of pages: 30 Posted: 10 Aug 2017
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 8 (583,215)

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Conscientious Objection

53.

Once You Start Using Slippery Slope Arguments, You're on a Very Slippery Slope

Oxford Journal of Legal Studies, Vol. 21, No. 4, pp. 629-647, 2001
Posted: 29 Feb 2008
David Enoch
Hebrew University - The Philosophy Department and the Law School

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Other Papers (3)

Total Downloads: 44    Citations: 0
1.

In Defense of Taking Morality Seriously: Reply to Manne, Sobel, Lenman, and Joyce

Philosophical Studies 168 (2014), 853-865.
Number of pages: 13 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 16

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Moral Realism, Moral Objectivity, Metaethics.

2.

Precis of Taking Morality Seriously

Philosophical studies 168 (2014), 819-821.
Number of pages: 3 Posted: 17 May 2015
David Enoch
Hebrew University - The Philosophy Department and the Law School
Downloads 16

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Moral Realism, Metaethics, Robust Realism.

3.

The Jerusalem Review of Legal Studies - Editors' Foreword

Jerusalem Review of Legal Studies, Vol. 1, p. 1, 2010
Number of pages: 3 Posted: 21 Aug 2010
David Enoch and Alon Harel
Hebrew University - The Philosophy Department and the Law School and Hebrew University of Jerusalem - Faculty of Law
Downloads 12

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The Jerusalem Review of Legal Studies, Legal, Law, Hebrew University of Jerusalem