14 found
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  1.  44
    The Case Against Privatization.Avihay Dorfman & Alon Harel - 2013 - Philosophy and Public Affairs 41 (1):67-102.
  2.  17
    Against Privatisation As Such.Avihay Dorfman & Alon Harel - 2016 - Oxford Journal of Legal Studies 36 (2):400-427.
    Privatisation has occupied the attention of theorists of different disciplines. Yet, despite the multiplicity of perspectives, the typical arguments concerning privatisation are instrumental, relying heavily on comparing the performance of a public functionary with that of its private counterpart. This article challenges this approach for leaving unaddressed other important consequences of shifting responsibilities to private entities. More specifically, privatisation cuts off the link between processes of decision-making and the citizens, and therefore erodes political engagement and its underlying notion of shared (...)
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  3.  10
    Private Ownership.Avihay Dorfman - 2010 - Legal Theory 16 (1):1-35.
    The most powerful response to growing skepticism about the intelligibility of the idea of private ownership has been cast in terms of an owner's rights to the exclusive use of an object. In these pages, I argue that this response suffers from three basic deficiencies—rather than merely explanatory gaps—that render it unable to overcome the specter of skepticism. These deficiencies reflect a shared want of attention to the normative relationship that ownership engenders between owners and nonowners. In place of the (...)
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  4.  60
    Reasonable Care: Equality as Objectivity. [REVIEW]Avihay Dorfman - 2012 - Law and Philosophy 31 (4):369-407.
    The most compelling defense of the standard of reasonable care in negligence law casts itself in terms of equality. This commitment to equality may paradoxically turn out to be flatly inegalitarian. This is because it discriminates against the less capable through ignoring their deficient capabilities (and so against their chances of meeting the standard of reasonable care successfully). A promising, though still unfamiliar, way to revive the egalitarian aspirations of reasonable care would be to show that imposing the standard of (...)
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  5.  63
    Can Tort Law Be Moral?Avihay Dorfman - 2010 - Ratio Juris 23 (2):205-228.
    According to the established orthodoxy, the law of private wrongs—especially common law torts—fails to map onto our moral universe. Four objections in particular have caught the imagination of skeptics about the moral foundations of tort law: They purport to cast doubt over the moral appeal of the duty of care element; they target the seemingly inegalitarian objective standard of care; they object to the morally arbitrary elements of factual causation and harm; and they complain about the unnecessary extension of liability (...)
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  6.  18
    Justice in Private: Beyond the Rawlsian Framework.Hanoch Dagan & Avihay Dorfman - 2018 - Law and Philosophy 37 (2):171-201.
    This article argues that contemporary accounts of justice miss a relational dimension of justice, which focuses on the terms private individuals’ interactions must meet for them to constitute relationships among equal, self-determining persons. The article develops the argument that the justice requirement to respect others as substantively free and equal individuals can sometimes be adequately discharged only if the relevant private persons are held responsible for its realization. It further elaborates the normative framework of relational justice to explain the generic (...)
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  7.  10
    Assumption of Risk, After All.Avihay Dorfman - 2014 - Theoretical Inquiries in Law 15 (2):293-328.
    Assumption of risk - the notion that one cannot complain about a harmful state to which one has willingly exposed oneself - figures prominently in our extra-legal lived experience. In spite of its deep roots in our common-sense morality, the tort doctrine of assumption of risk has long been discredited by many leading tort scholars, restatement reporters, courts, and legislatures. In recent years, however, growing concerns about junk food consumption, and about obesity more generally, have given rise to considerations that (...)
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  8. Cambridge Handbook on Privitization.Avihay Dorfman & Alon Harel (eds.) - 2021
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  9. Freedom of Religion.Avihay Dorfman - 2008 - Canadian Journal of Law and Jurisprudence 21 (2):279-319.
    Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and (...)
     
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  10.  6
    Negligence and Accommodation.Avihay Dorfman - 2016 - Legal Theory 22 (2):77-123.
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  11.  8
    Private Law Exceptionalism? Part I: A Basic Difficulty with the Structural Arguments From Bipolarity and Civil Recourse.Avihay Dorfman - 2016 - Law and Philosophy 35 (2):165-191.
    Contemporary discussions of private law theory have sought to divine the deep structure and content of private law by reference to two key distinctions. First, the distinction between private and criminal law has been utilized to flesh out the distinctively bipolar structure of private law. Second, the distinction between formal and distributive equality has served to highlight the special terms of interaction established in private law. In these pages, I take up the former distinction, arguing that its theoretical significance is (...)
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  12. The Cambridge Handbook of Privatization.Avihay Dorfman & Alon Harel (eds.) - 2021 - Cambridge University Press.
    Some goods and services seem to be fundamentally public, such as legislation, criminal punishment, and fighting wars. By contrast, other functions, such as garbage collection, do not. This volume brings together prominent scholars from a range of academic fields - including law, economics, philosophy, and sociology - to address the core question of what makes a certain good or service fundamentally public and why. Sometimes, governments and other public entities are superior because they are more likely to get at the (...)
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  13.  12
    The Human Right to Private Property.Avihay Dorfman & Hanoch Dagan - 2017 - Theoretical Inquiries in Law 18 (2):391-416.
    For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to their relational equality. (...)
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  14.  8
    Copyright as Tort.Assaf Jacob & Avihay Dorfman - 2011 - Theoretical Inquiries in Law 12 (1):59-97.
    In these pages we seek to integrate two claims. First, we argue that, taken to their logical conclusions, the considerations that support a strict form of protection for tangible property rights do not call for a similar form of protection when applied to the case of copyright. More dramatically, these considerations demand, on pain of glaring inconsistency, a substantially weaker protection for copyright. In pursuing this claim, we show that the form of protecting property rights is, to an important extent, (...)
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