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David Luban [63]David Jay Luban [1]
  1. Gabriella Blum & David Luban (forthcoming). Unsatisfying Wars: Degrees of Risk and the Jus Ex Bello. Ethics 125 (3):751-780.
    We suggest thinking about the beginning and ending of wars as an exercise in risk management. We argue that states, like individual citizens, must accept that some degree of security risk is inevitable when coexisting with others. We offer two principles for the just management of military risk. The first principle is Morally Justified Bearable Risk, which demands that parties at war temper their claims of justice with the realities of an anarchic and conflicted international system. The second principle, Minimum (...)
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  2. David Luban, Human Rights Thinking and the Laws of War.
    In a significant early case, the ICTY commented: “The essence of the whole corpus of international humanitarian law as well as human rights law lies in the protection of the human dignity of every person…. The general principle of respect for human dignity is . . . the very raison d'être of international humanitarian law and human rights law.” Is it true that international humanitarian law and international human rights law share the same “essence,” and that essence is the general (...)
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  3. David Luban, Time-Mindedness and Jurisprudence.
    Analytic jurisprudence often strikes outsiders as a discipline unto itself, unconnected with the problems that other legal scholarship investigates. Gerald Postema, in the article to which this paper responds, traces this “unsociability” to two narrowing defects in the project of analytic jurisprudence: from Austin on, it has concerned itself largely with the analysis of professional concepts, without connecting that analysis with other disciplines that study law, nor with the history of jurisprudence itself, nor with general philosophy; analytic jurisprudence studies only (...)
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  4. David Luban (2014). Is There a Human Right to a Lawyer? Legal Ethics 17 (3):371-381.
    Is there an international human right to a lawyer? This paper answers yes, exploring the philosophical basis for that answer, and drawing out implications for the legal profession. Borrowing from, and modifying, Henry Shue's pioneering work, the paper analyses a human right as a claim-right by individuals to social guarantees against standard threats. Access to legal representation is one of those social guarantees, and is essential in rule-of-law societies. That is because of the multitudinous advantages that access to legal institutions (...)
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  5. David Luban (2014). Torture, Power, and Law. Cambridge University Press.
    This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, (...)
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  6. David Luban, Misplaced Fidelity.
    This paper is a review essay of W. Bradley Wendel's Lawyers and Fidelity to Law, part of a symposium on Wendel's book. Parts I and II aim to situate Wendel's book within the literature on philosophical or theoretical legal ethics. I focus on two points: Wendel's argument that legal ethics should be examined through the lens of political theory rather than moral philosophy, and his emphasis on the role law plays in setting terms of social coexistence in the midst of (...)
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  7. David Luban (2012). War as Punishment. Philosophy and Public Affairs 39 (4):299-330.
  8. David Luban (2011). Unthinking the Ticking Bomb. In Charles R. Beitz & Robert E. Goodin (eds.), Global Basic Rights. OUP Oxford
     
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  9. David Luban (2010). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
  10. David Luban (2010). Markovits, Daniel . A Modern Legal Ethics: Adversary Advocacy in a Democratic Age . Princeton, NJ: Princeton University Press, 2008. Pp. Xii+361. $29.95 (Cloth). [REVIEW] Ethics 120 (4):864-869.
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  11. David Luban (2010). The Conscience of a Prosecutor. Philosophy and Public Policy Quarterly 30 (1/2):8-13.
    Should a prosecutor throw a case to avoid keeping men he thinks are innocent in prison? The startling case of justice gone awry in the Palladium nightclub murder raises new questions about the role that conscience should play in lawyers’ ethics, when conscience presses one way but professional rules press the other.
     
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  12. David Luban (2009). Human Dignity, Humiliation, and Torture. Kennedy Institute of Ethics Journal 19 (3):pp. 211-230.
  13. David Luban (2008). The Legacies of Nuremberg. In Guénaël Mettraux (ed.), Social Research. OUP Oxford
  14. David Luban (2008). War Crimes : The Law of Hell. In Larry May & Emily Crookston (eds.), War: Essays in Political Philosophy. Cambridge University Press
     
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  15. David Luban (2007). Commentary: Torture and the Professions. Criminal Justice Ethics 26 (2):2-66.
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  16. David Luban (2007). Legal Ethics and Human Dignity. Cambridge University Press.
    David Luban is one of the world's leading scholars of legal ethics. In this collection of his most significant papers from the past twenty-five years, he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view. His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role (...)
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  17. David Luban (2007). Preventive War and Human Rights. In Henry Shue & David Rodin (eds.), Preemption: Military Action and Moral Justification. OUP Oxford
     
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  18. David Luban (2006). Jon Elster, Closing the Books: Transitional Justice in Historical Perspective:Closing the Books: Transitional Justice in Historical Perspective. Ethics 116 (2):409-412.
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  19. David Luban (2006). Beyond Moral Minimalism. Ethics and International Affairs 20 (3):353–360.
  20. David Luban (2006). Torture and the Ticking Bomb. The Philosophers' Magazine 34 (34):45-48.
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  21. David Luban, Lawyers as Upholders of Human Dignity (When They Aren't Busy Assaulting It).
    David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of "the (...)
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  22. David Luban, Liberalism, Torture, and the Ticking Bomb.
    Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act (...)
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  23. David Luban, A Theory of Crimes Against Humanity.
    The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...)
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  24. David Luban (2004). Preventive War. Philosophy and Public Affairs 32 (3):207–248.
  25. David Luban, The Coiled Serpent of Argument: Reason, Authority, and Law in a Talmudic Tale.
    One of the most celebrated Talmudic parables begins with a remarkably dry legal issue debated among a group of rabbis. A modern reader should think of the rabbis as a collegial court, very much like a secular appellate court, because the purpose of their debate is to generate edicts that will bind the community. The issue under debate concerns the ritual cleanliness of a baked earthenware stove, sliced horizontally into rings and cemented back together with unbaked mortar. Do the laws (...)
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  26. David Luban (2003). The Cambridge Companion to Hannah Arendt. Ethics 113 (3):724-730.
    Hannah Arendt was one of the foremost political thinkers of the twentieth century, and her particular interests have made her one of the most frequently cited thinkers of our time. This Companion examines the primary themes of her multi-faceted work, from her theory of totalitarianism and her controversial idea of the 'banality of evil' to her classic studies of political action and her final reflections on judgment and the life of the mind. Each essay examines the political, philosophical, and historical (...)
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  27. David Luban, Integrity: Its Causes and Cures.
    Integrity is a good thing, isn't it? In ordinary parlance, we sometimes use it as a near synonym for honesty, but the word means much more than honesty alone. It means wholeness or unity of person, an inner consistency between deed and principle. "Integrity" shares etymology with other unity-words-integer, integral, integrate, integration. All derive from the Latin integrare, to make whole. And the person of integrity is the person whose conduct and principles operate in happy harmony. Our psyches always seek (...)
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  28. Benjamin R. Barber, Lloyd J. Dumas, Robert K. Fullinwider, William A. Galston, Paul W. Kahn, Judith Lichtenberg & David Luban (2002). War After September 11. Rowman & Littlefield Publishers.
    War After September 11 considers the just aims and legitimate limits of the United States' response to the terrorist attacks of September 11, 2001.
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  29. David Luban (2002). The Publicity of Law and the Regulatory State. Journal of Political Philosophy 10 (3):296–316.
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  30. David Luban, The War on Terrorism and the End of Human Rights.
    In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The (...)
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  31. David Luban (2002). War Crimes and Collective Wrongdoing. Philosophical Review 111 (4):620-624.
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  32. David Luban (2001). Stuart Hampshire, Justice Is Conflict:Justice Is Conflict. Ethics 112 (1):156-157.
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  33. David Luban (2001). Law's Blindfold. In Michael Davis & Andrew Stark (eds.), Conflict of Interest in the Professions. Oxford University Press 23--48.
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  34. David Luban (2001). Natural Law as Professional Ethics: A Reading of Fuller. Social Philosophy and Policy 18 (1):176-205.
    In Plato's Laws, the Athenian Stranger claims that the gods will smile only on a city where the law This passage is the origin of the slogan an abbreviation of which forms our phrase From Plato and Aristotle, through John Adams and John Marshall, down to us, no idea has proven more central to Western political and legal culture. Yet the slogan turns on a very dubious metaphor. Laws do not rule, and the is actually a specific form of rule (...)
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  35. David Luban & W. Kip Viscusi (1999). Pro and Con: Punitive Damages Should Be Outlawed. Business Ethics: The Magazine of Corporate Responsibility 13 (3):7-7.
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  36. Judith Lichtenberg & David Luban (1998). The Merits of Merit. Business and Society Review 100 (1):85-90.
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  37. Luis A. Camacho, Colin Campbell, David A. Crocker, Eleonora Curlo, Herman E. Daly, Eliezer Diamond, Robert Goodland, Allen L. Hammond, Nathan Keyfitz, Robert E. Lane, Judith Lichtenberg, David Luban, James A. Nash, Martha C. Nussbaum, ThomasW Pogge, Mark Sagoff, Juliet B. Schor, Michael Schudson, Jerome M. Segal, Amartya Sen, Alan Strudler, Paul L. Wachtel, Paul E. Waggoner, David Wasserman & Charles K. Wilber (1997). Ethics of Consumption: The Good Life, Justice, and Global Stewardship. Rowman & Littlefield Publishers.
    In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.
     
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  38. David Luban (1995). Book Review:The Lost Lawyer: Failing Ideals of the Legal Profession. Anthony T. Kronman. [REVIEW] Ethics 105 (4):947-.
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  39. David Luban (1995). The Self: Metaphysical Not Political. Legal Theory 1 (4):401-437.
    According to communitarian antiliberals, liberalism is fatally marred by a false metaphysics of the self. Liberalism, communitarians charge, regards the self as atomistic, isolated, presocial, ahistorical, “Cartesian,” Crusoeesque, essentially independent of other selves—in Michael Sandel's felicitous word, “unencumbered.” In reality, the self is constituted by relationships with others, hence by its contingent history. The self is fundamentally historical and social, and a true metaphysics of the self would, in the words of George Fletcher, take “relationships as logically prior to the (...)
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  40. David Luban (1994). Loyalty: An Essay on the Morality of Relationships by George P. Fletcher. Journal of Philosophy 91 (3):144-148.
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  41. David Luban (1994). Legal Modernism.
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  42. David Luban (1994). The Ethics of Lawyers. Monograph Collection (Matt - Pseudo).
     
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  43. David Luban (1992). Legal Theory and the Modernist Predicament. Faculty of Law, University of Toronto.
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  44. David Luban (1992). Secrecy and Confidentiality. In Lawrence C. Becker & Charlotte B. Becker (eds.), The Encyclopedia of Ethics. Garland Publishing Inc 1131--3.
     
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  45. David Luban (1991). Innocence and Experience by Stuart Hampshire. Journal of Philosophy 88 (6):317-324.
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  46. David Luban (1990). Lawyers and Justice. Law and Philosophy 9 (3):311-317.
     
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  47. David Luban (1990). Smith Against the Ethicists. Law and Philosophy 9 (4):417 - 433.
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  48. David Luban (1988). Lawyers and Justice: An Ethical Study. Princeton University Press.
    This is a book about the ethics of the legal profession proceeding from one basic premise: our nation is so dependent on its lawyers that their ethical problems transform themselves into public difficulties.
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  49. David Luban (1987). Law: The Decline of the People's Lawyer? Hastings Center Report 17 (1):11-12.
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  50. David Luban (1986). Review Essay / A Fierce Blindness. Criminal Justice Ethics 5 (1):69-78.
    Kenneth Mann, Defending White Collar Crime: A Portrait of Attorneys at Work New Haven: Yale University Press, 1985, xiii + 280pp.
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