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The economic analysis of LawIn J. Roland Pennock & John William Chapman (eds.), Ethics, Economics, and the Law, New York University Press. pp. 96--97. 1982.
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3Risks and WrongsOxford University Press UK. 1992.This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.
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20Justice in Immigration (edited book)Cambridge University Press. 1995.An interdisciplinary study of the fundamental normative issues underpinning immigration policy.
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39Readings in the Philosophy of Law (edited book)Garland. 1999.An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays th…Read more
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6Hart's Postscript: Essays on the Postscript to `the Concept of Law' (edited book)Oxford University Press UK. 2000.The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.
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35Legal positivismIn Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory, Blackwell. 1996.This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.
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48Risks and wrongsOxford University Press. 1992.This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable re…Read more
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50Rational Choice and Rational CognitionLegal Theory 3 (2): 183-203. 1997.There is a close but largely unexplored connection between law and economics and cognitive psychology. Law and economics applies economic models, modes of analysis, and argument to legal problems. Economic theory can be applied to legal problems for predictive, explanatory, or evaluative purposes. In explaining or assessing human action, economic theory presupposes a largely unarticulated account of rational, intentional action. Philosophers typically analyze intentional action in terms ofdesire…Read more
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21Constraints on the criteria of legalityLegal Theory 6 (2): 171-183. 2000.No one denies that moral principles figure in legal argument and practice. However, the kind of role morality can or must play in law has been a topic of debate not only between positivists and their critics, but also within the positivist camp. The topic was brought into contemporary prominence by Ronald Dworkin, who in TheModelofRulesI made the provocative observation that the legality of norms appears to depend sometimes on their substantive (moral) merits, and not just on their pedigree or s…Read more
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40Naturalized Jurisprudence and Naturalized EpistemologyPhilosophical Topics 29 (1-2): 113-126. 2001.
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61Moral theories of torts: Their scope and limits: Part II (review)Law and Philosophy 2 (1). 1983.One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis - in the sense of rational reconstruction based on alleged moral principles - for the law of torts. The paper is divided into two parts. In the first part I consi…Read more
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55Market Contractarianism and the Unanimity Rule*: JULES L. COLEMANSocial Philosophy and Policy 2 (2): 69-114. 1985.This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market …Read more
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137Incorporationism, Conventionality, and the Practical Difference ThesisLegal Theory 4 (4): 381-425. 1998.H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz…Read more
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116Economics and the law: A critical review of the foundations of the economic approach to lawEthics 94 (4): 649-679. 1984.
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45Corrective Justice and Property Rights: JULES L. COLEMANSocial Philosophy and Policy 11 (2): 124-138. 1994.Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what I have taken. One is that whil…Read more
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107Beyond the Separability Thesis: Moral Semantics and the Methodology of JurisprudenceOxford Journal of Legal Studies 27 (4): 581-608. 2007.Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory constructi…Read more
Jules Coleman
Constructor University
Florida State University
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Constructor UniversityOther
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The Rockefeller University
Alumnus, 1972