•  3
    Replies
    Jurisprudence 1-10. forthcoming.
    I am grateful to Micah Gläser, Ryan Liss, and Marcela Prieto Rudolphy for their generous, careful, and provocative engagements with my work. Each of them advances the discussion by proposing modifi...
  •  9
    Private Wrongs
    Harvard University Press. 2016.
    A waiter spills hot coffee on a customer. A person walks on another person’s land. A moored boat damages a dock during a storm. A frustrated neighbor bangs on the wall. A reputation is ruined by a mistaken news report. Although the details vary, the law recognizes all of these as torts, different ways in which one person wrongs another. Tort law can seem puzzling: sometimes people are made to pay damages when they are barely or not at fault, while at other times serious losses go uncompensated. …Read more
  •  1
    Kantian Legal Philosophy
    In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Wiley‐blackwell. 2010.
    This chapter contains sections titled: References.
  •  5
    Kant on Law and Justice
    In Thomas E. Hill (ed.), The Blackwell Guide to Kant's Ethics, Wiley‐blackwell. 2009.
    This chapter contains sections titled: Innate Right Private Right Coercion From Private Right to Public Right Public Right Crime and the Right to Punish Conclusion Bibliography.
  • Kant's juridical theory of colonialism
    In Katrin Flikschuh & Lea Ypi (eds.), Kant and Colonialism: Historical and Critical Perspectives, Oxford University Press. 2014.
  •  9
    Orden privado y justicia pública: Kant y Rawls
    Con-Textos Kantianos 16 14-55. 2022.
    El presente artículo se ubica en la intersección de dos proyectos más amplios, uno sobre la filosofía política de Kant y otro sobre la relación entre el derecho privado y la justicia distributiva. Utiliza la idea del orden privado de Kant para explicar el lugar del derecho privado en lo que Rawls describe como la “división de la responsabilidad” entre la sociedad y el individuo. Explico por qué el derecho privado es una parte esencial de lo que, para Rawls, es el tema fundamental de la j…Read more
  • The Innate Right of Humanity and the Right to Justification
    In Ester Herlin-Karnell & Matthias Klatt (eds.), Constitutionalism Justified: Rainer Forst in Discourse, Oxford University Press, Usa. 2019.
  •  2
    Critical notice too much invested to quit
    Economics and Philosophy 20 (1): 185-208. 2004.
    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”, Richard Posner's “A theory of negligence” and Guido Calabresi and Douglas Malamed's “Property rules, liability rules, and inalienability: One view of the cathedral” – offered economic analyses of familiar aspects of the common law, seeking to explain, in particular, fundamental features of th…Read more
  •  14
    Disagreement by War
    Law and Philosophy 41 (6): 763-784. 2022.
    This review essay examines Benbaji and Statman's _War by Agreemen__t_. It raises two challenges to their contractarian account of war, which seeks to show that considerations of mutual advantage can generate novel permissions. First, if such a robust justification for participation in unjust wars is available, it is not clear that any kind of agreement between states is even required; if a state can make otherwise unjustified killings permissible, it would seem to be able to do so without the pa…Read more
  •  19
    Mandatory Cooperation
    Aristotelian Society Supplementary Volume 96 (1): 23-40. 2022.
    My aim in this paper is to develop a new model of the obligation to do your part in contributing to the provision of what are frequently described as ‘public goods’. I will situate my account in a broadly Kantian account of the state as a public rightful condition, which enjoys powers that no private person could enjoy, in the service of its distinctively public mandate. The exercise of those powers imposes special duties on the state, which require it to provide distinctively public goods. As a…Read more
  •  2
    Immanuel Kant
    Routledge. 2008.
    The articles and essays in this volume explore the less well known aspect of Kant's political philosophy: his complex and powerful picture of the relation between morality and politics, which he developed in his explicitly political writings.
  •  52
    Rules for Wrongdoers
    Oxford University Press. 2021.
    Ripstein's lectures, which constitute the central texts of this book, focus on the two bodies of rules governing war: the jus ad bellum, which regulates resort to armed force, and the jus in bello, which sets forth rules governing the conduct of armed force and applies equally to all parties. The lectures argue that both sets of rules constitute prohibitions rather than permissions, and that recognizing them as distinctive prohibitions can reconcile the seeming tension between them. By understan…Read more
  •  49
    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.
  •  26
    The Contracting Theory of Choices
    Law and Philosophy 40 (2): 185-211. 2021.
  •  27
    Leaving the State of Nature
    Philosophy and Public Issues - Filosofia E Questioni Pubbliche. forthcoming.
    Download.
  •  25
    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
  •  9
    Means and Ends
    Jurisprudence 6 (1): 1-23. 2015.
  •  31
    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
  •  17
    Reply: relations of right and private wrongs
    Jurisprudence 9 (3): 614-625. 2018.
  •  42
    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
  •  20
    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
  •  19
    Three Duties to Rescue: Moral, Civil, and Criminal
    Law and Philosophy 19 (6): 751-779. 2000.
  •  2
    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
  •  46
    Private law and private narratives
    Oxford Journal of Legal Studies 20 (4): 683-701. 2000.