• 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.
  •  99
    Justice and Responsibility
    Canadian 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
  •  15
    Reclaiming Proportionality
    Journal of Applied Philosophy 33 (3). 2016.
  •  62
    Form and Matter in Kantian Political Philosophy: A Reply
    European 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 Law
    Custom Publishing Service, University of Toronto Bookstores. 1999.
  •  128
    Critical notice too much invested to quit
    Economics and Philosophy 20 (1): 185-208. 2004.
    Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analy…Read more
  •  26
    The Ideal Libertarian
    Dialogue 29 (2): 285-. 1990.
  •  40
    Just War, Regular War, and Perpetual Peace
    Kant-Studien 107 (1): 179-195. 2016.
    Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 179-195.
  •  16
    In Force and Freedom: Kant's Legal and Political Philosophy, Harvard University Press. pp. 389-399. 2009.
  •  2
    Equality, Responsibility, and the Law
    Cambridge University Press. 1998.
    This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as dis…Read more