• 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.
  •  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
  •  341
    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.
  •  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.
  •  76
    Equality, Luck, and Responsibility
    Philosophy and Public Affairs 23 (1): 3-23. 1994.
  • Thomas Scanlon, What We Owe to Each Other (review)
    Philosophy in Review 20 62-65. 2000.
  •  224
    Beyond the Harm Principle
    Philosophy and Public Affairs 34 (3): 215-245. 2006.
  •  33
    Law and disagreement
    Philosophical Review 110 (4): 611-614. 2001.
    Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle
  •  87
    In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive…Read more
  •  25
    Strictly Speaking—It Went Without Saying
    with Brian Langille
    Legal Theory 2 (1): 63-81. 1996.
    Herbert Simon once observed that watching an ant make its way across the uneven surface of a beach, one can easily be impressed—too impressed—with the foresight and complexity of the ant's internal map of the beach. Simon went on to point out that such an attribution of complexity to the ant makes a serious mistake. Most of the complexity is not in the ant but in the beach. The ant is just complex enough to use the features of the beach to find its way.