•  91
    The moral significance of risking
    Legal Theory 18 (3): 339-356. 2012.
    What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that i…Read more
  •  80
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an ar…Read more
  •  67
    Towards a right against risking
    Law and Philosophy 28 (4). 2009.
  •  63
    Specifying Rights Out of Necessity
    Oxford Journal of Legal Studies 28 (1): 19. 2008.
    It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception of rights, ide…Read more
  •  63
    Philosophical issues in tort law
    Philosophy Compass 3 (4): 734-748. 2008.
    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and…Read more
  •  38
    Arguing About Law (edited book)
    with Aileen Kavanagh
    Routledge. 2008.
    _Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors pro…Read more
  •  31
    What’s Wrong with Infringements : A Reply
    Law and Philosophy 27 (3). 2008.
    An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of righ…Read more
  •  23
    Law and Philosophy 32 (1): 1-1. 2013.
  •  23
    Reasons, motivation, and sexism
    American Journal of Bioethics 1 (1). 2001.
    This Article does not have an abstract
  •  15
    The Ideal of Justice
    Jurisprudence 5 (2): 363-368. 2014.
  •  10
    Civil Wrongs and Justice in Private Law (edited book)
    Oxford University Press. 2020.
    Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is …Read more
  •  4
    Imposing Risk: A Normative Framework
    Oxford University Press UK. 2017.
    We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these impo…Read more
  •  1
    Philosophical Foundations of the Law of Torts (edited book)
    Oxford University Press UK. 2014.
    This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
  • The Morality of Risking: On the Normative Foundations of Risk Regulation
    Dissertation, University of Pennsylvania. 2003.
    Risk permeates people's lives, and yet the normative dimensions of risk have been largely unexamined by philosophers. The nature and moral significance of risk and the standards governing morally permissible risking are all topics that are owed careful study. In this dissertation, I use the tools of moral and legal philosophy to explicate the morality of risking, focusing on institutional actors such as government agencies, which as a matter of course regulate risk. I begin, in the first chapter…Read more