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  1.  76
    Where Did Mill Go Wrong? Why the Capital-Managed Rather Than the Labor-Managed Enterprise is the Predominant.Schwartz Justin - 2012 - Ohio State Law Journal 73:220-85.
    In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is (...)
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  2.  67
    It Ain’T Necessarily So: The Misuse of 'Human Nature' in Law and Social Policy and Bankruptcy of the 'Nature-Nurture' Debate.Schwartz Justin - 2012 - Texas Journal of Women and the Law 21:187-239.
    Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would (...)
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  3.  67
    Relativism, Reflective Equilibrium, and Justice.Schwartz Justin - 1997 - Legal Studies 17:128-68.
    THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...)
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  4.  67
    Voice Without Say: Why Capital-Managed Firms Aren't (Genuinely) Participatory.Schwartz Justin - 2013 - Fordham Journal of Corporate and Financial Law 18:963-1020.
  5.  37
    Reduction, Elimination, and the Mental.Schwartz Justin - 1991 - Philosophy of Science 58 (June):203-20.
    The antireductionist arguments of many philosophers (e.g., Baker, Fodor and Davidson) are motivated by a worry that successful reduction would eliminate rather than conserve the mental. This worry derives from a misunderstanding of the empiricist account of reduction, which, although it does not underwrite "cognitive suicide", should be rejected for its positivist baggage. Philosophy of psychology needs more detailed attention to issues in natural science which serve as analogies for reduction of the mental. I consider a range of central cases, (...)
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