•  230
    Legal Indeterminacy
    Legal Theory 1 (4): 481-492. 1995.
    To say that the law is indeterminate is to say that the class of legal reasons is indeterminate. The Class, in turn, consists of four components: 1. Legitimate sources of law ; 2. Legitimate interpretive operations that can be performed on the sources in order to generate rules of law ; 3. Legitimate interpretive operations that can be performed on the facts of record in order to generate facts of legal significance ; and 4. Legitimate rational operations that can be performed on facts and rules…Read more
  •  94
    Nietzsche (edited book)
    with John Richardson
    Oxford University Press. 2001.
    The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method…Read more
  •  117
    Friedrich Nietzsche’s Twilight of the Idols
    Topoi 33 (2): 549-555. 2014.
    This review essay of Nietzsche’s “Twilight of the Idols” (1888) is part of the journal TOPOI’s “Untimely Reviews” series of classic works of philosophy. Themes dealt with are Nietzsche’s attacks on morality, on free will, on mental causation, on Socrates, and on Kant. Connections are drawn with contemporary work by Mark Johnston, David Rosenthal, and Daniel Wegner, among others
  •  373
    Nietzsche's theory of the will
    Philosophers' Imprint 7 1-15. 2007.
    The essay offers a philosophical reconstruction of Nietzsche’s theory of the will, focusing on (1) Nietzsche’s account of the phenomenology of “willing” an action, the experience we have which leads us (causally) to conceive of ourselves as exercising our will; (2) Nietzsche’s arguments that the experiences picked out by the phenomenology are not causally connected to the resulting action (at least not in a way sufficient to underwrite ascriptions of moral responsibility); and (3) Nietzsche’s ac…Read more
  •  112
    Nietzsche is one of the most important and controversial thinkers in the history of philosophy. His writings on moral philosophy are amongst the most widely read works, both by philosophers and non-philosophers. Many of the ideas raised are both startling and disturbing, and have been the source of great contention. On the Genealogy of Morality is Nietzsche's most sustained and important contribution to moral philosophy, featuring many of the ideas for which he is best known, including the slave…Read more
  • The topic this semester will be “methodology,” with special (but not exclusive) reference to the recent, voluminous literature on this topic in legal philosophy. There are two central questions: (1) Is there a distinctive method of philosophical inquiry? (2) What is the relationship between philosophical methods and the methods (and results) of the empirical sciences (broadly construed)?
  •  98
    Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (199…Read more
  •  164
    Any reader of Foucault's corpus recognizes fairly quickly that it is animated by an ethical impulse, namely, to liberate individuals from a kind of oppression from which they suffer. This oppression, however, does not involve the familiar tyranny of the Leviathan or the totalitarian state; it exploits instead values that the victim of oppression herself accepts, and which then leads the oppressed agent to be complicit in her subjugation. It also depends, crucially, on a skeptical thesis about th…Read more
  •  191
    Nietzsche and aestheticism
    Journal of the History of Philosophy 30 (2): 275-290. 1992.