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49Chapter One. Lies and the Murderer Next DoorIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 5-46. 2014.
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412What Is Really Wrong With Compelled Association?Northwestern University Law Review 99 (2): 839-888. 2005.
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246Reparations for U.S. Slavery and Justice over TimeIn David Wasserman & Melinda Roberts (eds.), Harming Future Persons, Springer. 2009.
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242Harm and Its Moral SignificanceLegal Theory 18 (3): 357-398. 2012.Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail …Read more
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334Promising, intimate relationships, and conventionalismPhilosophical Review 117 (4): 481-524. 2008.The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Ot…Read more
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14Are Credit Card Late Fees Unconstitutional?William and Mary Bill of Rights Journal 15 (2): 457-500. 2006.
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9IntroductionIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 1-4. 2014.
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30Autonomy, beneficence, and the permanently dementedIn Ronald Dworkin & Justine Burley (eds.), Dworkin and His Critics: With Replies by Dworkin, Blackwell. 2004.
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435Lockean Theories of Intellectual PropertyIn Stephen R. Munzer (ed.), New Essays in the Political Theory of Property, Cambridge Univ. Press. 2001.
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11Chapter Six. Sincerity and Institutional ValuesIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 182-224. 2014.
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456Wrongful Life, Procreative Responsibility, and the Significance of HarmLegal Theory 5 (2): 117-148. 1999.
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418Race, Labor, and the Fair Equality of Opportunity PrincipleFordham Law Review 1643-1675 (2004) 72 (5): 1643-1675. 2004.
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294Immoral, Conflicting, and Redundant PromisesIn R. Jay Wallace, Rahul Kumar & Samuel Freeman (eds.), Reasons and Recognition: Essays on the Philosophy of T.M. Scanlon, Oxford University Press. 2011.
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425Paternalism, Unconscionability Doctrine, and AccommodationPhilosophy and Public Affairs 29 (3): 205-250. 2000.The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscio…Read more
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26Are Contracts Promises? (pre-publication version)In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law, Routledge. 2012.
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3IndexIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 225-234. 2014.
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10Chapter Five. Accommodation, Equality, and the LiarIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 157-181. 2014.
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631The Incentives Argument for Intellectual Property ProtectionIn A. Gosseries, A. Marciano & A. Strowel (eds.), Intellectual Property and Theories of Justice, Palgrave Mcmillan. 2008.
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11Developments in the Law–DNA Evidence and the Criminal DefenseHarvard Law Review 108 (1): 1557-1582. 1995.
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56Chapter Three. A Thinker-Based Approach to Freedom of SpeechIn Speech Matters: On Lying, Morality, and the Law, Princeton University Press. pp. 79-115. 2014.
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38Caution about character ideals and capital punishment: A reply to SorellCriminal Justice Ethics 21 (2): 35-39. 2002.
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16Inducing Moral Deliberation: On the Occasional Virtues of FogHarvard Law Review 123 (5): 1214-1246. 2010.
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129Speech Matters: On Lying, Morality, and the LawPrinceton University Press. 2014.To understand one another as individuals and to fulfill the moral duties that require such understanding, we must communicate with each other. We must also maintain protected channels that render reliable communication possible, a demand that, Seana Shiffrin argues, yields a prohibition against lying and requires protection for free speech. This book makes a distinctive philosophical argument for the wrong of the lie and provides an original account of its difference from the wrong of deception.…Read more
Areas of Specialization
Normative Ethics |
Philosophy of Law |
Social and Political Philosophy |
Areas of Interest
Epistemology |
Applied Ethics |
Meta-Ethics |
Philosophy of Law |
Social and Political Philosophy |