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Speakers:Jules Coleman (Yale)Jeff McMahan (Rutgers)Jeremy Waldron (NYU) Moderator:Robin Kar (LLS) Video of Panel One
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... Coleman claims that corrective justice stands (metaphorically) between our practices of tort law and abstract principles of fairness ... defending conceptual analysis, Coleman is committed to the project of identifying apriori the... more
... Coleman claims that corrective justice stands (metaphorically) between our practices of tort law and abstract principles of fairness ... defending conceptual analysis, Coleman is committed to the project of identifying apriori the "thinnest" conceptions of our concepts that answer ...
This article argues that the problems of corrective and distributive justice are, at bottom, the same. The authors argue that both can be understood as responses to the question: who owns which of life's misfortunes? Two extreme but... more
This article argues that the problems of corrective and distributive justice are, at bottom, the same. The authors argue that both can be understood as responses to the question: who owns which of life's misfortunes? Two extreme but unattractive positions set the range of possibilities. All misfortunes could be left where they fall, or all could be held in common. Neither extreme is attractive, because neither has room for the intuitive idea of responsibility, that is, that people should bear the costs of their activities. Libertarians try to incorporate that idea by adding a rule of strict liability for injuries as an exception to a general rule that injuries should lie where they fall. Liberal egalitarians seek to make room for responsibility by supposing that all misfortunes should be held in common except those to which people willingly expose themselves. The authors argue that the libertarian and the egalitarian employ parallel strategies, neither of which can succeed, beca...
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Since the 1970s, analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (" CLS") movement. CLS has been joined in this attack by proponents of FeministJurisprudence, and, most... more
Since the 1970s, analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (" CLS") movement. CLS has been joined in this attack by proponents of FeministJurisprudence, and, most recently, by proponents of Critical Race Theory. When the battle lines are drawn in this way, the importance of the distinctions between the Natural Law and Positivist traditions are easily missed. Whatever distinguishes Hart from Dworkin, and both from Lon Fuller, matters very little from this point of view, as ...
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... moral action (as part of which Kavka's famous toxin puzzle is a focus of discussion), the nature of deterrence, the rationality of ... Skyrms, Daniel M. Farrell, David Gauthier, Michael E. Bratman, Gilbert Harman, Edwin... more
... moral action (as part of which Kavka's famous toxin puzzle is a focus of discussion), the nature of deterrence, the rationality of ... Skyrms, Daniel M. Farrell, David Gauthier, Michael E. Bratman, Gilbert Harman, Edwin Curley, SA Lloyd, Jean Hampton, Gary Watson, Jeff McMahan. ...
... The support staff at Yale has been wonderful. I am especially grateful to Carmelita Morales for her help in preparing the manu-script for publication, and to Dean StephenYandle for making other Yale resources available to me. ...
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Research Interests: Law and Legal Theory
Page 1. Electronic copy available at: http://ssrn.com/abstract=1736577 1 NOT FOR QUOTATION JANUARY 7, 2011 BLAMEWORTHINESS AND THE REACTIVE ATTITUDES JULES COLEMAN AND ALEX SARCH, YALE UNIVERSITY AND THE UNIVERSITY OF MICHIGAN ...
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The oxford handbook of jurisprudence and philosophy of law COLEMAN Jules, SHAPIRO Scott.
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... One argument might be that rational bargains struck from fair initial conditions produce constraints that are fair ... Why not, in other words, just preclude bargaining from unfair starting points? ... Our objection is not that it is... more
... One argument might be that rational bargains struck from fair initial conditions produce constraints that are fair ... Why not, in other words, just preclude bargaining from unfair starting points? ... Our objection is not that it is inappropriate in general to confine the choice problem or to ...
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... I do not refer to cases in which a defect in the car is the harms cause, but rather to cases like the ... of the injurer and victim contains at least one and perhaps two plausible candidates for securing the ends of efficiency; the... more
... I do not refer to cases in which a defect in the car is the harms cause, but rather to cases like the ... of the injurer and victim contains at least one and perhaps two plausible candidates for securing the ends of efficiency; the second ... sistent with the general form of economic argument ...
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Without Abstract
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... He can make no valid claim of self-defense since he knows very well that if he were ... the hostage and the police officer mortal threats to one another, even though both of them are innocent. ... on each other, both, as I have said,... more
... He can make no valid claim of self-defense since he knows very well that if he were ... the hostage and the police officer mortal threats to one another, even though both of them are innocent. ... on each other, both, as I have said, shooting to kill, each convinced that killing the other is ...
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Speakers:Jules Coleman (Yale)Jeff McMahan (Rutgers)Jeremy Waldron (NYU) Moderator:Robin Kar (LLS) Video of Panel One
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Research Interests: Law and Legal Studies
... Unlike the previous arguments I have outlined, the moral argument is direct and affirmative in the sense that, instead of trying to establish the in-adequacies of the social rule theory, its purpose is to provide direct sup-port for... more
... Unlike the previous arguments I have outlined, the moral argument is direct and affirmative in the sense that, instead of trying to establish the in-adequacies of the social rule theory, its purpose is to provide direct sup-port for the normative interpretation of the rule of recognition. ...
Research Interests: Law and Legal Studies
... the Pareto supe-riority principle. The difference in transactions costs translates into lower overall costs under Kaldor-Hicks. These reduced costs consti-tute a kind of ex ante compensation. Provided compensation is full, it does ...
Research Interests: Law and Economic analysis
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... more
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 while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place.
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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... more
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 account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule?
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INTRODUCTIONIn any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where... more
INTRODUCTIONIn any society relatively few disputes are brought to judges for resolution. Most are handled informally or forgotten. Fewer still are cases that go to trial. Most are settled. Compromises are reached even in cases where issues are hotly contested and where millions or billions of dollars in damages are claimed. Recently, for example, one of the most controversial lawsuits of our time, the Agent Orange case, was settled. In that case, veterans of the Vietnam War, their spouses, and their children alleged that a defoliant — Agent Orange – used in Southeast Asia contained dioxin and was responsible for deaths, debilities, miscarriages, and birth defects suffered by members of the plaintiff class. Class members argued that the manufacturers of the defoliant, seven major chemical companies, knew that it was tainted and should be made to compensate them for their injuries, claiming billions of dollars in damages. The case received national exposure and became a rallying point...
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... PSYCHIATRY FOR SOCIAL WORKERS. Lawson G. Lowrey, MD Columbia University Press, New York, 1946. pp. ... who will do for the science ofman what H. G. Wells did for history, and what, more recently, Lancelot Hogben has undertaken for... more
... PSYCHIATRY FOR SOCIAL WORKERS. Lawson G. Lowrey, MD Columbia University Press, New York, 1946. pp. ... who will do for the science ofman what H. G. Wells did for history, and what, more recently, Lancelot Hogben has undertaken for mathematics. Arthur L. Beeley ...
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... 139 (1982), reprinted in JULES L. COLEMAN, MARKETS, MORALS AND THE LAW 3 (1988). 9. See JOSEPH RAZ, Legal Positivism and the Sources of Law, in THE AUTHORITY OF LAW 37, 50-51 (1979); Scott Shapiro, On Hart's Way Out, 4 LEGAL... more
... 139 (1982), reprinted in JULES L. COLEMAN, MARKETS, MORALS AND THE LAW 3 (1988). 9. See JOSEPH RAZ, Legal Positivism and the Sources of Law, in THE AUTHORITY OF LAW 37, 50-51 (1979); Scott Shapiro, On Hart's Way Out, 4 LEGAL THEORY 469 (1998). ...
Research Interests: Law and michigan law
Research Interests: Law and Legal Theory
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... more
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 of desires and beliefs. I intend to perform some action because I believe that it will (is likely to) produce an outcome that I desire. This standard “belief-desire” model of action invokes what philosophers of psychology and action theorists aptly refer to as a “folk psychology.”
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Research Interests: Law and Legal Theory
Research Interests: Law and Legal Theory
H.L.A. Hart's The Concept of Law is 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... more
H.L.A. Hart's The Concept of Law is 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 among positivists, and Ronald Dworkin among…
Research Interests: Law and Legal Theory
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... Some commentators read Wittgenstein's argument as having the skeptical consequence that there is no such thing as following a rule. See, eg, SAUL KRiPKE, WITTGENSTEIN ON RULES AND PRIVATE LANGUAGE: AN ELEMENTARY EXPOSITION 55... more
... Some commentators read Wittgenstein's argument as having the skeptical consequence that there is no such thing as following a rule. See, eg, SAUL KRiPKE, WITTGENSTEIN ON RULES AND PRIVATE LANGUAGE: AN ELEMENTARY EXPOSITION 55 (I982). ...
Research Interests: Law and Harvard Law
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... One argument might be that rational bargains struck from fair initial conditions produce constraints that are fair ... Why not, in other words, just preclude bargaining from unfair starting points? ... Our objection is not that it is... more
... One argument might be that rational bargains struck from fair initial conditions produce constraints that are fair ... Why not, in other words, just preclude bargaining from unfair starting points? ... Our objection is not that it is inappropriate in general to confine the choice problem or to ...
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Without Abstract
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... CONTRIBUTORS: Richard J. Arneson Allen Buchanan Jules L. Coleman John Martin Fischer Hyman Gross Jean Hampton Sanford H. Kadish Shelly Kagan David Lyons Joan McGregor Thomas Morawetz Jeffrie G. Murphy Mark Ravizza David AJ Richards... more
... CONTRIBUTORS: Richard J. Arneson Allen Buchanan Jules L. Coleman John Martin Fischer Hyman Gross Jean Hampton Sanford H. Kadish Shelly Kagan David Lyons Joan McGregor Thomas Morawetz Jeffrie G. Murphy Mark Ravizza David AJ Richards Robert E Schopp ...
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Please join us in thanking all of those experts in Law and Philosophy for devoting time and effort to review the papers we have sent them. The editor and publisher acknowledge the colleagues listed below for their excellent reviews of... more
Please join us in thanking all of those experts in Law and Philosophy for devoting time and effort to review the papers we have sent them. The editor and publisher acknowledge the colleagues listed below for their excellent reviews of papers for which final decisions have been made in 2011. ... Matthew Adler Peter Alces Larry Alexander Susan Bandes Saba Bazargan Vera Bergelson Mitchell Berman Brian Bix Gabriella Blum Jeffrey Brand-Ballard Curtis Bridgeman Susan Brison Thom Brooks S. Byrd Joseph Chan Jules Coleman Michael Davis Peter de Marneffe ...