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Arthur Ripstein [88]Arthur Stephen Ripstein [1]Arthur S. Ripstein [1]
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Arthur Ripstein
University of Toronto, St. George
  1. Force and Freedom: Kant's Legal and Political Philosophy.Arthur Ripstein - 2009 - 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.
  2.  20
    Law and Disagreement.Arthur Ripstein & Jeremy Waldron - 2001 - Philosophical Review 110 (4):611.
    The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.
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  3. Authority and Coercion.Arthur Ripstein - 2004 - 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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  4. Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.
  5.  16
    Index.Arthur Ripstein - 2009 - In Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press. pp. 389-399.
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  6.  8
    Wise Choices, Apt Feelings: A Theory of Normative Judgment.Arthur Ripstein - 1992 - Philosophical Review 101 (4):934.
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  7.  58
    Form and Matter in Kantian Political Philosophy: A Reply.Arthur Ripstein - 2012 - 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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  8.  73
    Equality, Luck, and Responsibility.Arthur Ripstein - 1994 - Philosophy and Public Affairs 23 (1):3-23.
  9.  40
    Just War, Regular War, and Perpetual Peace.Arthur Ripstein - 2016 - Kant-Studien 107 (1):179-195.
    Name der Zeitschrift: Kant-Studien Jahrgang: 107 Heft: 1 Seiten: 179-195.
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  10.  50
    Critical Notice.Arthur Ripstein - 2010 - 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.  99
    Justice and Responsibility.Arthur Ripstein - 2004 - 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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  12. Kant and the Circumstances of Justice.Arthur Ripstein - 2012 - In Elisabeth Ellis (ed.), Kant's Political Theory: Interpretations and Applications. Pennsylvania State University Press.
     
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  13.  53
    In Extremis.Arthur Ripstein - manuscript
    In one of the few widely discussed passages in the Doctrine of Right, Kant 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, Kant resorts to the very sort of empirical and consequentialist reasoning that he claims to do without.2 My aim in this paper is to defend (...)
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  14. Foundationalism in Political Theory.Arthur Ripstein - 1987 - Philosophy and Public Affairs 16 (2):115-137.
  15. Critical Notice Too Much Invested to Quit.Arthur Ripstein - 2004 - 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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  16.  12
    Preface.Arthur Ripstein - 2009 - In Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press.
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  17.  10
    Closing the Gap.Arthur Ripstein - 2008 - Theoretical Inquiries in Law 9 (1):61-95.
    Contemporary debates about "moral luck" were inaugurated by Thomas Nagel’s celebrated essay on the topic. Nagel notes that the puzzle about moral luck is formally parallel to the familiar epistemological problem of skepticism. In each case, the problem is generated by the apparent coherence of the thought that inner aspects of our lives are self-contained, and can be both understood and evaluated without any reference to anything external. Epistemological skepticism begins with the thought that my thoughts could be exactly as (...)
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  18.  59
    Reply to Flikschuh and Pavlakos.Arthur Ripstein - 2010 - Jurisprudence 1 (2):317-324.
  19.  53
    Three Duties to Rescue: Moral, Civil, and Criminal. [REVIEW]Arthur Ripstein - 2000 - Law and Philosophy 19 (6):751-779.
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  20.  66
    Universal and General Wills.Arthur Ripstein - 1994 - Political Theory 22 (3):444-467.
  21.  53
    Ronald Dworkin.Arthur Ripstein (ed.) - 2007 - 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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  22.  30
    Explanation and Empathy.Arthur Ripstein - 1987 - Review of Metaphysics 40 (3):465 - 482.
    I WISH to defend the claim that imagining what it would be like to be in "someone else's shoes" can serve to explain that person's actions. This commonsense view has considerable plausibility, but requires clarification to be philosophically defensible; discussions of explanation often assume that understanding requires a theory of the thing understood. If understanding requires a theory, then however much imagining what it would be like to be in another person's situation might sooth one's curiosity, it cannot provide real (...)
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  23.  92
    Commodity Fetishism.Arthur Ripstein - 1987 - Canadian Journal of Philosophy 17 (4):733 - 748.
    Criticism and sarcasm are interspersed with description and analysis throughout Marx's work. Most of the criticism is aimed at one or another side of a single target: what Marx sees as capitalism's pretensions of freedom, equality, and prosperity in the face of exploitation and recurrent crises. But the remarks on commodity fetishism in the first volume of Capital seem to be directed at a different target. Here Marx tells us that a commodity is ‘a queer thing, abounding in metaphysical subtleties (...)
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  24.  5
    Political Independence, Territorial Integrity and Private Law Analogies.Arthur Ripstein - 2019 - Kantian Review 24 (4):573-604.
    Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific (...)
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  25. In an Age of Mass Torts.Arthur Ripstein & Benjamin C. Zipursky - 2001 - In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. pp. 214.
     
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  26. Equality, Responsibility, and the Law.Arthur Ripstein - 1999 - Law and Philosophy 20 (6):617-635.
     
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  27.  85
    The Division of Responsibility and the Law of Tort.Arthur Ripstein - manuscript
    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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  28.  37
    Kant on Law and Justice.Arthur Ripstein - 2009 - In Thomas E. Hill (ed.), The Blackwell Guide to Kant's Ethics. Wiley-Blackwell. pp. 1-29.
  29.  7
    Three Duties to Rescue: Moral, Civil, and Criminal.Arthur Ripstein - 2000 - Law and Philosophy 19 (6):751-779.
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  30.  89
    Legal Moralism and the Harm Principle: A Rejoinder.Arthur Ripstein - 2007 - Philosophy and Public Affairs 35 (2):195–201.
  31. Anti-Archimedeanism.Arthur Ripstein - 2007 - In Ronald Dworkin. Cambridge University Press.
     
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  32. Equality, Responsibility, and the Law.Arthur Ripstein - 1998 - Cambridge University Press.
    This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...)
     
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  33.  22
    Thomas Hobbes: The Unity of Scientific and Moral Wisdom.Arthur Ripstein - 1990 - Ethics 101 (1):200-201.
  34.  32
    Questionable Objectivity.Arthur Ripstein - 1993 - Noûs 27 (3):355-372.
  35.  23
    Review of Oona A. Hathaway and Scott J. Shapiro, The Internationalists: How a Radical Plan to Outlaw War Remade the World 608 Pp. $30.00. [REVIEW]Arthur Ripstein - 2019 - Criminal Law and Philosophy 13 (1):205-214.
    The thesis of The Internationalists is that the Kellogg Briand Pact of 1928 fundamentally reshaped the international legal order. By outlawing war, the Pact replaced one basic norm of international legal ordering with another. Hathaway and Shapiro present their argument in the form of a narrative, including biographical details about the central protagonists and vignettes about key meetings. They present it all with an eye not only to the importance of particular characters, but also to sheer coincidence. Underneath the sweeping (...)
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  36.  94
    Douglas Joel Butler 1957-1991.Arthur S. Ripstein & Lynne Tirrell - 1992 - Proceedings and Addresses of the American Philosophical Association 65 (5):79 - 80.
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  37. Philosophy of Tort Law.Arthur Ripstein - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press.
     
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  38.  23
    Recognition and Cultural Membership.Arthur Ripstein - 1995 - Dialogue 34 (2):331-.
  39.  27
    What Can Philosophy Teach Us About Multiculturalism? [REVIEW]Arthur Ripstein - 1997 - Dialogue 36 (3):607-614.
    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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  40.  27
    Rationality and Alienation.Arthur Ripstein - 1989 - Canadian Journal of Philosophy 19 (sup1):449-466.
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  41.  51
    Practical Rationality and Preference: Essays for David Gauthier.Christopher W. Morris & Arthur Ripstein (eds.) - 2001 - 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 collection of essays some of the most innovative philosophers working in this field explore the controversies surrounding Gauthier's (...)
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  42.  17
    Property and Sovereignty: How to Tell the Difference.Arthur Ripstein - 2017 - Theoretical Inquiries in Law 18 (2):243-268.
    Property and sovereignty are often used as models for each other. Landowners are sometimes described as sovereign, the state’s territory sometimes described as its property. Both property and sovereignty involve authority relations: both an owner and a sovereign get to tell others what to do — at least within the scope of their ownership or sovereignty. My aim in this Article is to distinguish property and sovereignty from each other by focusing on what lies within the scope of each. I (...)
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  43. Liberty and Equality.Arthur Ripstein - 2007 - In Ronald Dworkin. Cambridge University Press.
     
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  44. Self-Certification and the Moral Aims of the Law.Arthur Ripstein - 2012 - 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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  45.  19
    Reclaiming Proportionality.Arthur Ripstein - 2017 - Journal of Applied Philosophy 34 (1):1-18.
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  46.  32
    Liberal Justification and the Limits of Neutrality.Arthur Ripstein - 1992 - Analyse & Kritik 14 (1):3-17.
    This paper examines a style of political justification prominent in contemporary liberalism, according to which policies are legitimate only if they can be shown to be acceptable to all. Although this approach is often associated with neutrality about the good life, it is argued that liberalism cannot be neutral about questions of the role of various goods, such as work, play and community. The paper closes by exploring the implications and applicability of this account of justification to contemporary political practice.
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  47.  62
    As If It Had Never Happened.Arthur Ripstein - manuscript
    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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  48.  24
    8. Public Right II: Roads to Freedom.Arthur Ripstein - 2009 - In Force and Freedom: Kant's Legal and Political Philosophy. Harvard University Press. pp. 232-266.
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  49.  5
    The Jurisprudence Annual Lecture 2015—Means and Ends.Arthur Ripstein - 2015 - Jurisprudence 6 (1):1-23.
    Legal doctrine often focuses on means rather than ends. In an action for breach of contract, the court asks only whether promisor performed as promised, and takes no account of what either promisor or promisee expected to gain by the transaction. The criminal law inquires into how the criminal was trying to accomplish some purpose, not what the purpose was. Most crimes are committed to get money, a purpose of which the law otherwise approves. This focus on means is often (...)
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  50.  24
    Strictly Speaking—It Went Without Saying.Brian Langille & Arthur Ripstein - 1996 - Legal Theory 2 (1):63-81.
    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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