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Dimensions of Dignity
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.
Sovereignty and the New Executive Authority
The idea of sovereignty and the debates that surround it are not merely of historical, academic, or legal interest: they are also potent, vibrant issues and as current and relevant as today's front page news in the United States and in other Western democracies. In the post- 9/11 United States, the growth of the national security state has resulted in a growing struggle to maintain the legal and ethical boundaries surrounding executive authority, boundaries that help to define and protect democratic governance. These post-9/11 developments and their effect on the scope of presidential power present hard questions and are fueling today's intense debates among political leaders, citizens, cons...
The Idea of Freedom
Kant describes the concept of freedom as "the keystone of the whole structure of a system of pure reason, even of speculative reason." Kant's theory of freedom thus plays a foundational and unifying role in all aspects of his philosophy and is thus of significant interest to historians of Kant's philosophy. Kant's theory of freedom has also played a significant role in contemporary debates in metaphysics, normative ethics, and metaethics. This volume brings historians of Kant's philosophy into conversation with contemporary metaphysicians and ethicists with the aim of representing the current state of scholarship on Kant's and Kantian accounts of freedom while at the same time opening new avenues of exploration. The Idea of Freedom includes papers by leading scholars on a range of historical and contemporary topics centrally related to the Kantian theory of freedom, including transcendental idealism, determinism, Kant's normative ethical theory, Kant's conception of cognition, Kant's theory of beauty, Kant's conception of logic, and many others.
Private Wrongs
A waiter spills hot coffee on a customer. A person walks on another person’s land. A moored boat damages a dock during a storm. A frustrated neighbor bangs on the wall. A reputation is ruined by a mistaken news report. Although the details vary, the law recognizes all of these as torts, different ways in which one person wrongs another. Tort law can seem puzzling: sometimes people are made to pay damages when they are barely or not at fault, while at other times serious losses go uncompensated. In this pioneering book, Arthur Ripstein brings coherence and unity to the baffling diversity of tort law in an original theory that is philosophically grounded and analytically powerful. Ripstein s...
Force and Freedom
In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s descriptio...
Reclaiming the Public
Develops a political theory of the public and of political authority and elaborates the theory's legal and institutional implications.
Oxford Studies in Philosophy of Law Volume 4
Oxford Studies in Philosophy of Law is a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The essays range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning), the philosophical foundations of specific areas of law (from criminal law to evidence to international law), the history of legal philosophy, and related philosophical topics that illuminate the problems of legal theory. OSPL will be essential reading for philosophers, academic lawyers, political scientists, and historians of law who wish to keep up with the latest developments in this flourishing field.
Faces of Inequality
This book defends an original and pluralist theory of when and why discrimination wrongs people, in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good.
Administrative Competence
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
