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Profile: Arthur Ripstein (University of Toronto)
  1. Arthur Ripstein, As If It Had Never Happened.
    Law students are usually told that the purpose of damages is to make it as if a wrong had never happened.3 Although torts professors are good at explaining this idea to their students, it is the source of much academic perplexity. Money cannot really make serious losses go away, and it seems a cruel joke to say that money can make an injured person “whole.” Worse still, if money could make an injured person whole, injuring someone and then paying them (...)
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  2. Arthur Ripstein, Articles Robert Sokolowski: Exorcising Concepts† V.
    I have, in other places, claimed that philosophy is the analysis of the forms of presentation, the description of the ways in which things can be presented. †11 The philosophical reflection that issues in such analysis is not, of course, the same as the kind of reflection we are discussing in this paper, the kind that establishes human existence in language. But unless there were the reflection that opens the possibility of meaning, there could not be any philosophical reflection either. (...)
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  3. Arthur Ripstein, In Extremis.
    In one of the few widely discussed passages in the Doctrine of Right, <span class='Hi'>Kant</span> makes the surprising claim that a shipwrecked sailor who dislodges another from a plank that will support only one of them is "culpable, but not punishable." Many commentators regard this passage as a sort of smoking gun that shows that, in extremis, <span class='Hi'>Kant</span> resorts to the very sort of empirical and consequentialist reasoning that he claims to do without.2 My aim in this paper is (...)
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  4. Arthur Ripstein, The Division of Responsibility and the Law of Tort.
    In A Theory of Justice, Rawls makes almost no mention of the issues of justice that animated philosophers in earlier centuries. There is no discussion of justice between persons, issues that Aristotle sought to explain under the idea of “corrective justice.” Nor is there discussion, except in passing, of punishment, another primary focus of the social contract approaches of Locke, Rousseau and Kant.1 My aim in this article is to argue that implicit in Rawls’s writing is a powerful and persuasive (...)
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  5. Arthur Ripstein (2012). Form and Matter in Kantian Political Philosophy: A Reply. European Journal of Philosophy 20 (3):487-496.
    This paper responds briefly to four reviews of Force and Freedom. Valentini and Sangiovanni criticize what they see as the excessive formalism of the Kantian enterprise, contending that the Kantian project is circular, because it defines rights and freedom together, and that this circularity renders it unable to say anything determinate about appropriate restrictions and permissions. I show that the appearance of circularity arises from a misconstrual of the Kantian idea of a right. Properly understood, Kantian rights are partially indeterminate, (...)
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  6. Arthur Ripstein (2012). Kant and the Circumstances of Justice. In Elisabeth Ellis (ed.), Kant's Political Theory: Interpretations and Applications. Pennsylvania State University Press.
     
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  7. Arthur Ripstein (2012). Rescuing Justice and Equality. Canadian Journal of Philosophy 40 (4):669-699.
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  8. Arthur Ripstein (2012). Self-Certification and the Moral Aims of the Law. Canadian Journal of Law and Jurisprudence 25 (1):201-217.
    In Legality, Scott Shapiro introduces what he calls the “Planning Theory of Law.” Shapiro introduces the idea of a plan with examples from outside of the law. He then must provide an account of what is distinctive about law, such that the other plan-based social orders are not also legal systems. He gives two answers: first, a legal system is organized by a moral aim. Second, a legal system is self-certifying. I examine these in turn, and argue that each can (...)
     
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  9. Arthur Ripstein (2011). Reply to Flikschuh and Pavlakos. Jurisprudence 1 (2):317-324.
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  10. Arthur Ripstein (2010). Critical Notice. Canadian Journal of Philosophy 40 (4):669-699.
    The 2008 meltdown in global capital markets has led to a renewed interest in questions of economic distribution. Many people suggest that the motives, incentive structures, and institutions in place were inadequate and, for the first time in a generation, public debate is animated by arguments about the need for greater equality. G.A. Cohen's new book resonates with many of the themes of these debates; he advocates a more thoroughgoing equality, even more thoroughgoing than that demanded by John Rawls in (...)
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  11. Arthur Ripstein (2009). Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press.
    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. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.
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  12. Arthur Ripstein (2009). Kant on Law and Justice. In Thomas E. Hill (ed.), The Blackwell Guide to Kant's Ethics. Wiley-Blackwell.
  13. Arthur Ripstein (2007). Anti-Archimedeanism. In , Ronald Dworkin. Cambridge University Press.
     
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  14. Arthur Ripstein (2007). Liberty and Equality. In , Ronald Dworkin. Cambridge University Press.
     
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  15. Arthur Ripstein (2007). Legal Moralism and the Harm Principle: A Rejoinder. Philosophy and Public Affairs 35 (2):195–201.
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  16. Arthur Ripstein (ed.) (2007). Ronald Dworkin. Cambridge University Press.
    Ronald Dworkin occupies a distinctive place in both public life and philosophy. In public life, he is a regular contributor to The New York Review of Books and other widely read journals. In philosophy, he has written important and influential works on many of the most prominent issues in legal and political philosophy. In both cases, his interventions have in part shaped the debates he joined. His opposition to Robert Bork's nomination for the United States Supreme Court gave new centrality (...)
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  17. Arthur Ripstein (2006). Beyond the Harm Principle. Philosophy and Public Affairs 34 (3):215–245.
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  18. Arthur Ripstein (2004). Authority and Coercion. Philosophy and Public Affairs 32 (1):2–35.
    I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.
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  19. Arthur Ripstein (2004). Critical Notice Too Much Invested to Quit. Economics and Philosophy 20 (1):185-208.
    Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar aspects (...)
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  20. Arthur Ripstein (2004). Justice and Responsibility. Canadian Journal of Law and Jurisprudence 17 (2):361-386.
    I argue that institutions charged with giving justice must understand responsibility in terms of norms governing what people are entitled to expect of each other. On this conception, the sort of responsibility that is of interest to private law or distributive justice is not a relation between a person and the consequence, but rather a relation between persons with respect to consequences. As a result, nonrelational facts about a person’s actions and the circumstances in which she performs them will never (...)
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  21. Arthur Ripstein (2002). Philosophy of Tort Law. In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oup Oxford.
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  22. David Dyzenhaus & Arthur Ripstein (2001). Law and Morality Readings in Legal Philosophy. Monograph Collection (Matt - Pseudo).
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  23. Christopher W. Morris & Arthur Ripstein (eds.) (2001). Practical Rationality and Preference: Essays for David Gauthier. Cambridge University Press.
    What are preferences and are they reasons for action? Is it rational to cooperate with others even if that entails acting against one's preferences? The dominant position in philosophy on the topic of practical rationality is that one acts so as to maximize the satisfaction of one's preferences. This view is most closely associated with the work of David Gauthier, and in this new collection of essays some of the most innovative philosophers currently working in this field explore the controversies (...)
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  24. Arthur Ripstein (2001). [Book Review] Equality, Responsibility, and the Law. [REVIEW] Ethics 111 (3):644-648.
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  25. Arthur Ripstein & Benjamin C. Zipursky (2001). In an Age of Mass Torts. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. 214.
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  26. Arthur Ripstein (2000). Private Law and Private Narratives. Oxford Journal of Legal Studies 20 (4):683-701.
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  27. Arthur Ripstein (2000). Thomas Scanlon, What We Owe to Each Other Reviewed By. Philosophy in Review 20 (1):62-65.
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  28. Arthur Ripstein (2000). Thomas Scanlon, What We Owe to Each Other. [REVIEW] Philosophy in Review 20:62-65.
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  29. Arthur Ripstein (1999). Arthur Ripstein. Legal Theory 5 (3):235-263.
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  30. Arthur Ripstein (1999). Moral, Social, and Political Philosophy Phl 277y. Custom Publishing Service, University of Toronto Bookstores.
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  31. Arthur Ripstein (1999). Prohibition and Preemption. Legal Theory 5 (3):235-263.
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  32. Arthur Ripstein (1999). Phl 370s Issues in the Philosophy of Law. Custom Publishing Service, University of Toronto Bookstores.
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  33. John Charvet, Joshua Cohen, David Gauthier, M. M. Goldsmith, Jean Hampton, Gregory S. Kavka, Patrick Riley, Arthur Ripstein & A. John Simmons (1998). The Social Contract Theorists: Critical Essays on Hobbes, Locke, and Rousseau. Rowman & Littlefield Publishers.
     
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  34. Arthur Ripstein (1998). For Love of Country: Debating the Limits of Patriotism Martha Nussbaum and Respondents Boston: Beacon Press, 1996, Viii + 154 Pp., $15.00 Paper. [REVIEW] Dialogue 37 (04):851-.
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  35. Arthur Ripstein (1998). John Martin Fischer and Mark Ravizza, Responsibility and Control: A Theory of Moral Responsibility Reviewed By. Philosophy in Review 18 (6):416-418.
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  36. Arthur Ripstein (1997). Phl 370s : Readings. Custom Publishing Service, University of Toronto Bookstores.
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  37. Arthur Ripstein (1997). What Can Philosophy Teach Us About Multiculturalism? Dialogue 36 (03):607-.
    Multiculturalism is an increasingly important topic for philosophers, largely because of the practical problems posed by diversity. Traditional political philosophy had little to say about cultural difference, taking the existence of a shared language and culture pretty much for granted. The multicultural societies of the contemporary world make such assumptions untenable. Traditional questions of fairness and sovereignty find hard cases in such policy issues as immigration, education, criminal law, and freedom of expression.
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  38. Brian Langille & Arthur Ripstein (1996). “Strictly Speaking—It Went Without Saying”. Legal Theory 2 (1):63.
    Herbert Simon once observed that watching an ant make its way across the uneven surface of a beach, one can easily be impressed—too impressed—with the foresight and complexity of the ant's internal map of the beach. Simon went on to point out that such an attribution of complexity to the ant makes a serious mistake. Most of the complexity is not in the ant but in the beach. The ant is just complex enough to use the features of the beach (...)
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  39. Arthur Ripstein (1995). Recognition and Cultural Membership. Dialogue 34 (02):331-.
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  40. Arthur Ripstein (1994). Equality, Luck, and Responsibility. Philosophy and Public Affairs 23 (1):3–23.
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  41. Arthur Ripstein (1994). Universal and General Wills: Hegel and Rousseau. Political Theory 22 (3):444-467.
  42. Arthur Ripstein (1993). Making the World Safe for Liberalism. Dialogue 32 (02):309-.
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  43. Arthur Ripstein (1993). Questionable Objectivity. Noûs 27 (3):355-372.
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  44. Arthur Ripstein (1993). Richard W. Miller, Moral Differences: Truth, Justice and Conscience in a World of Conflict Reviewed By. Philosophy in Review 13 (3):111-113.
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  45. Arthur Ripstein (1992). Liberal Justification and the Limits of Neutrality. Analyse and Kritik 14 (1):3-17.
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  46. Arthur Ripstein (1992). The General Will. History of Philosophy Quarterly 9 (1):51 - 66.
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  47. Arthur S. Ripstein & Lynne Tirrell (1992). Douglas Joel Butler 1957-1991. Proceedings and Addresses of the American Philosophical Association 65 (5):79 - 80.
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  48. Brian Langille & Arthur Ripstein (1991). Interpretation, Disagreement, Law. Faculty of Law, University of Toronto.
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  49. Arthur Ripstein (1991). David Miller, Market, State, and Community: Theoretical Foundations of Market Socialism Reviewed By. Philosophy in Review 11 (4):278-279.
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  50. Arthur Ripstein (1990). Book Review:Thomas Hobbes: The Unity of Scientific and Moral Wisdom. Gary B. Herbert. [REVIEW] Ethics 101 (1):200-.
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