Arthur Ripstein

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists.

Criticism and sarcasm are interspersed with description and analysis throughout Marx's work. Most of the criticism is aimed at one or another side of a single target: what Marx sees as capitalism's pretensions of freedom, equality, and prosperity in the face of exploitation and recurrent crises. But the remarks on commodity fetishism in the first volume of Capital seem to be directed at a different target. Here Marx tells us that a commodity is ‘a queer thing, abounding in metaphysical subtleties and theological niceties.’ But instead of going on to reveal the nature of commodites-the task that occupies him for the preceding 30 and subsequent 700 pages-Marx takes the opportunity to explore their ‘mystical’ character. The passage repays careful consideration. It is one of the few places in his mature writings in which Marx returns to the tone of his youthful works. It is also the passage in which commentators have claimed to find grounds for attributing a doctrine of ‘false consciousness’ to Marx.

This paper examines a style of political justification prominent in contemporary liberalism, according to which policies are legitimate only if they can be shown to be acceptable to all. Although this approach is often associated with neutrality about the good life, it is argued that liberalism cannot be neutral about questions of the role of various goods, such as work, play and community. The paper closes by exploring the implications and applicability of this account of justification to contemporary political practice.

Legal doctrine often focuses on means rather than ends. In an action for breach of contract, the court asks only whether promisor performed as promised, and takes no account of what either promisor or promisee expected to gain by the transaction. The criminal law inquires into how the criminal was trying to accomplish some purpose, not what the purpose was. Most crimes are committed to get money, a purpose of which the law otherwise approves. This focus on means is often said to be superficial, and to be the manifestation of an underlying concern either with the ends sought by a person or the ends that are served by placing legal restrictions on which means a person may use, or the manner in which they may be used. In this paper Professor Ripstein takes up Kant's suggestion that 'right abstracts from all ends' to explain the law's focus on means rather than ends, exploring its application to both public and private law

In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can only characterize what is distinctive about law if the relevant moral problem that law aims to solve is itself specifically concerned with authority—that is with who gets to decide about what. Other forms of planning assign roles to people to solve problems that have nothing to do with authority; law uses role-based authority to solve a moral problem that is fundamentally about authority

Multiculturalism is an increasingly important topic for philosophers, largely because of the practical problems posed by diversity. Traditional political philosophy had little to say about cultural difference, taking the existence of a shared language and culture pretty much for granted. The multicultural societies of the contemporary world make such assumptions untenable. Traditional questions of fairness and sovereignty find hard cases in such policy issues as immigration, education, criminal law, and freedom of expression.