•  296
    Disagreement about the kind law
    Jurisprudence 12 (1): 1-16. 2020.
    This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law…Read more
  •  5
    The Myth of Ownership: Taxes and Justice
    Oxford University Press. 2004.
    In a capitalist economy, taxes are the most important instrument by which the political system puts into practice a conception of economic and distributive justice. Taxes arouse strong passions, fueled not only by conflicts of economic self-interest, but by conflicting ideas of fairness. Taking as a guiding principle the conventional nature of private property, Murphy and Nagel show how taxes can only be evaluated as part of the overall system of property rights that they help to create. Justice…Read more
  •  295
    Institutions and the Demands of Justice
    Philosophy and Public Affairs 27 (4): 251-291. 1998.
  •  92
    Moral Demands in Nonideal Theory
    Oxford University Press. 2000.
    Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with utilitariani…Read more
  •  370
    Taxes, Redistribution, and Public Provision
    Philosophy and Public Affairs 30 (1): 53-71. 2001.
  •  4
    This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show just wh…Read more
  •  35
    A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But we can say roughly that contract theory aims to provide normative foundati…Read more
  •  10
    Self-Governance and Cooperation
    Philosophical Review 110 (4): 609. 2001.
    Self-Governance and Cooperation offers solutions to two fundamental problems in moral philosophy, one concerning the nature and requirements of morality and the other the nature and requirements of practical reason. Robert Myers’s achievement is not just that his solutions are original and plausible, but that his arguments acknowledge and demonstrate the need to approach the problems as an inseparable pair. Philosophical tradition tells us that questions about the content of morality cannot be a…Read more