Jules Coleman

Constructor University
Florida State University
  • The economic analysis of Law
    In J. Roland Pennock & John William Chapman (eds.), Ethics, Economics, and the Law, New York University Press. pp. 96--97. 1982.
  •  3
    Risks and Wrongs
    Oxford 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.
  • The New Jurisprudence Course Materials
    Faculty of Law, University of Toronto]. 1989.
  •  20
    Justice in Immigration (edited book)
    with Warren F. Schwartz, Warren A. Schwartz, and Gerald Postema
    Cambridge University Press. 1995.
    An interdisciplinary study of the fundamental normative issues underpinning immigration policy.
  •  39
    Readings 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
  •  6
    Hart'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.
  •  35
    Legal positivism
    In 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.
  •  27
    The Conventionality Thesis
    Noûs 35 (s1). 2001.
  •  59
    Theories of tort law
    Stanford Encyclopedia of Philosophy. 2008.
  •  18
    Risks and Wrongs
    Philosophical Review 104 (3): 477. 1995.
  •  6
    The Conventionality Thesis 1
    Philosophical Issues 11 (1): 354-387. 2001.
  •  48
    Risks and wrongs
    Oxford 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
  •  68
    On the moral argument for the fault system
    Journal of Philosophy 71 (14): 473-490. 1974.
  •  40
    Justice and the Argument for No-Fault
    Social Theory and Practice 3 (2): 161-180. 1974.
  •  50
    Rational Choice and Rational Cognition
    Legal 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
  •  140
    Democracy and social choice
    with John Ferejohn
    Ethics 97 (1): 6-25. 1986.
  •  21
    Constraints on the criteria of legality
    Legal 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
  •  28
    On the purported inconsistency of act-utilitarianism
    with Michael Perloff
    Philosophical Studies 28 (4). 1975.
  •  61
    Moral 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
  •  55
    Market Contractarianism and the Unanimity Rule*: JULES L. COLEMAN
    Social 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
  •  35
    Contracts and torts
    Law and Philosophy 12 (1). 1993.
  •  13
    Legal Duty and Moral Argument
    Social Theory and Practice 5 (3-4): 377-407. 1980.
  •  28
    Justice and Preferential Hiring
    Journal of Critical Analysis 5 (1): 27-30. 1973.
  •  137
    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
  •  45
    Corrective Justice and Property Rights: JULES L. COLEMAN
    Social 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
  •  107
    Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence
    Oxford 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