• Philosophy of Tort Law
    In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law, Oxford University Press. 2002.
  •  18
    The Contracting Theory of Choices
    Law and Philosophy 40 (2): 185-211. 2021.
  •  13
    Leaving the State of Nature
    Philosophy and Public Issues - Filosofia E Questioni Pubbliche. forthcoming.
  •  15
    Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from prope…Read more
  •  3
    Means and Ends
    Jurisprudence 6 (1): 1-23. 2015.
  •  25
    The thesis of The Internationalists is that the Kellogg Briand Pact of 1928 fundamentally reshaped the international legal order. By outlawing war, the Pact replaced one basic norm of international legal ordering with another. Hathaway and Shapiro present their argument in the form of a narrative, including biographical details about the central protagonists and vignettes about key meetings. They present it all with an eye not only to the importance of particular characters, but also to sheer co…Read more
  •  10
    Reply: relations of right and private wrongs
    Jurisprudence 9 (3): 614-625. 2018.
  •  23
    Property and Sovereignty: How to Tell the Difference
    Theoretical Inquiries in Law 18 (2): 243-268. 2017.
    Property and sovereignty are often used as models for each other. Landowners are sometimes described as sovereign, the state’s territory sometimes described as its property. Both property and sovereignty involve authority relations: both an owner and a sovereign get to tell others what to do — at least within the scope of their ownership or sovereignty. My aim in this Article is to distinguish property and sovereignty from each other by focusing on what lies within the scope of each. I argue tha…Read more
  •  10
    Closing the Gap
    Theoretical Inquiries in Law 9 (1): 61-95. 2008.
    Contemporary debates about "moral luck" were inaugurated by Thomas Nagel’s celebrated essay on the topic. Nagel notes that the puzzle about moral luck is formally parallel to the familiar epistemological problem of skepticism. In each case, the problem is generated by the apparent coherence of the thought that inner aspects of our lives are self-contained, and can be both understood and evaluated without any reference to anything external. Epistemological skepticism begins with the thought that …Read more
  •  9
    Three Duties to Rescue: Moral, Civil, and Criminal
    Law and Philosophy 19 (6): 751-779. 2000.
  • For Love of Country: Debating the Limits of Patriotism (review)
    Dialogue 37 (4): 851-852. 1998.
    This book is a revised and expanded version of a special issue of the Boston Review that appeared in 1994. Since Joshua Cohen took over as editor of the Review a few years ago, it has published symposia with a lead piece and replies. Like the others in the series, this collection brings together prominent thinkers from a variety of perspectives, all of whom present their views in clear and accessible prose. It contains an essay by Martha Nussbaum, responses by fifteen Americans and one Canadian,…Read more
  • Explanation and Empathy in Commonsense Psychology
    Dissertation, University of Pittsburgh. 1986.
    The central claim of the dissertation is that one uses one's own personality as a model in making sense of the actions of others. Prereflective common sense endorses this view, but it has not been popular among philosophers, primarily because it is not clear how "putting yourself in someone else's shoes" can count as an explanation. ;The first part is primarily expository and destructive. I outline and criticize two versions of the widely accepted philosophical account of commonsense psychology.…Read more
  •  41
    Private law and private narratives
    Oxford Journal of Legal Studies 20 (4): 683-701. 2000.
  •  94
    Douglas Joel Butler 1957-1991
    Proceedings and Addresses of the American Philosophical Association 65 (5). 1992.
    APA Memorial Minutes.
  •  234
    Foundationalism in political theory
    Philosophy and Public Affairs 16 (2): 115-137. 1987.
  •  6
    The Jurisprudence Annual Lecture 2015—Means and Ends
    Jurisprudence 6 (1): 1-23. 2015.
    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, …Read more
  •  62
    Law students are usually told that the purpose of damages is to make it as if a wrong had never happened.3 Although torts professors are good at explaining this idea to their students, it is the source of much academic perplexity. Money cannot really make serious losses go away, and it seems a cruel joke to say that money can make an injured person “whole.” Worse still, if money could make an injured person whole, injuring someone and then paying them seems just as good as not injuring them at a…Read more
  • Moral, Social, and Political Philosophy Phl 277y
    Custom Publishing Service, University of Toronto Bookstores. 1999.
  •  1
    Self-certification and the Moral Aims of the Law
    Canadian Journal of Law and Jurisprudence 25 (1): 201-217. 2012.
    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…Read more
  •  2
    Law and Morality: Readings in Legal Philosophy
    University of Toronto Press. 2001.
    Filling a long-standing need for a Canadian textbook in the philosophy of law, this anthology includes articles, readings, and cases in legal philosophy to give students the conceptual tools necessary to consider the general problems of jurisprudence.
  •  54
    Ronald Dworkin (edited book)
    Cambridge University Press. 2007.
    Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. In both cases, his interventions have in part shaped the debates he joined. His opposition to Robert Bork's nomination for the United States Supreme Court gave new centrality to …Read more
  •  2
    In an Age of Mass Torts
    with Benjamin C. Zipursky
    In Gerald J. Postema (ed.), Philosophy and the Law of Torts, Cambridge University Press. pp. 214. 2001.
  • Equality, Responsibility and the Law
    Philosophical Quarterly 51 (205): 566-568. 2001.
  •  14