-
984Authority and CoercionPhilosophy and Public Affairs 32 (1): 2-35. 2004.I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.
-
40Liberal Justification and the Limits of NeutralityAnalyse & Kritik 14 (1): 3-17. 1992.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 conte…Read more
-
4John Martin Fischer and Mark Ravizza, Responsibility and Control: a Theory of Moral Responsibility Reviewed byPhilosophy in Review 18 (6): 416-418. 1998.
-
1Rationality and AlienationCanadian Journal of Philosophy, Supplementary Volume 15 (n/a): 449-466. 1989.Two decades ago, problems of alienation and fetishism were the focus of most English speaking studies of Marx’s philosophy. More recent work on Marx and Marxist themes has tended to avoid these questions in favor of discussions of explanation, exploitation, distributive justice and problems of class formation and co-ordination. The latter set of problems seem more readily addressable, if not always more tractable, using contemporary tools drawn from the philosophy of science, as well as methods …Read more
-
438. Public Right II: Roads to FreedomIn Force and freedom: Kant's legal and political philosophy, Harvard University Press. pp. 232-266. 2009.
-
16PrefaceIn Force and freedom: Kant's legal and political philosophy, Harvard University Press. 2009.
-
87In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive…Read more
-
37Strictly Speaking—It Went Without SayingLegal Theory 2 (1): 63-81. 1996.Herbert Simon once observed that watching an ant make its way across the uneven surface of a beach, one can easily be impressed—too impressed—with the foresight and complexity of the ant's internal map of the beach. Simon went on to point out that such an attribution of complexity to the ant makes a serious mistake. Most of the complexity is not in the ant but in the beach. The ant is just complex enough to use the features of the beach to find its way.
-
43Law and disagreementPhilosophical Review 110 (4): 611-614. 2001.Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle
-
99Justice and ResponsibilityCanadian Journal of Law and Jurisprudence 17 (2): 361-386. 2004.I argue that institutions charged with giving justice must understand responsibility in terms of norms governing what people are entitled to expect of each other. On this conception, the sort of responsibility that is of interest to private law or distributive justice is not a relation between a person and the consequence, but rather a relation between persons with respect to consequences. As a result, nonrelational facts about a person’s actions and the circumstances in which she performs them …Read more
-
80Form and Matter in Kantian Political Philosophy: A ReplyEuropean Journal of Philosophy 20 (3): 487-496. 2012.This paper responds briefly to four reviews of Force and Freedom. Valentini and Sangiovanni criticize what they see as the excessive formalism of the Kantian enterprise, contending that the Kantian project is circular, because it defines rights and freedom together, and that this circularity renders it unable to say anything determinate about appropriate restrictions and permissions. I show that the appearance of circularity arises from a misconstrual of the Kantian idea of a right. Properly und…Read more
-
Phl 370s Issues in the Philosophy of LawCustom Publishing Service, University of Toronto Bookstores. 1999.