•  8
    Rules for Wrongdoers
    Oxford University Press. 2021.
  •  3
    Kant and the Law of War
    Oxford University Press. 2021.
    "The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the 17th century have received more sophisticated philosophical elaboration. Although many contemporary writers draw on ideas that figure prominently in Kant's moral philosophy, his explicit discussions of war have not been brought into their proper place within these discussions and debates. Kant argues that a special morality governs t…Read more
  • 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.
  •  16
    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
  •  4
    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.
  •  214
    In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.
  •  31
    What Can Philosophy Teach Us About Multiculturalism? (review)
    Dialogue 36 (3): 607-614. 1997.
    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 …Read more
  •  57
    Critical notice
    Canadian Journal of Philosophy 40 (4): 669-699. 2010.
    The 2008 meltdown in global capital markets has led to a renewed interest in questions of economic distribution. Many people suggest that the motives, incentive structures, and institutions in place were inadequate and, for the first time in a generation, public debate is animated by arguments about the need for greater equality. G.A. Cohen's new book resonates with many of the themes of these debates; he advocates a more thoroughgoing equality, even more thoroughgoing than that demanded by John…Read more
  •  359
    Authority and Coercion
    Philosophy 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.
  •  33
    Liberal Justification and the Limits of Neutrality
    Analyse & 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
  •  12
    Responses to Humiliation
    Social Research: An International Quarterly 64. 1997.
  • Rationality and Alienation
    Canadian Journal of Philosophy, Supplementary Volume 15 (n/a): 449. 1989.
  •  20
    Gauthier's Liberal Individual
    Dialogue 28 (1): 63-. 1989.