Prof. Sheinman Hanoch
Areas of specialization
- Philosophy of law, including analytic jurisprudence, private law theory, theories of punishment
- Normative ethics, including consequentialism, contractualism, moral psychology
- Political philosophy, including political obligation, social contract theory, and loyalty to state
- Philosophy of action, including practical knowledge, speech act theory, and joint action theory
Areas of competence
- Contract law
- Tort law
- Criminal law
- Promises and Agreements: Philosophical Essays. Oxford University Press, 2011.
Edited collection of original papers
[Reviewed by Allen Habib at Notre Dame Philosophical Reviews]
- “Tort Law and Distributive Justice,” in Philosophical Foundations of the Law of Torts, John Oberdiek, ed., Oxford University Press, 2014, pp. 354-384
Tort law’s distributive justice is its corrective justice.
- “Two Faces of Discrimination,” in Philosophical Foundations of Discrimination Law, Deborah Hellman & Sophia Moreau, eds., Oxford University Press, 2014, pp. 28-50
Discrimination offends against individualistic and holistic considerations.
- “The Embedding Social Context of Promises and Contracts,” Oxford Studies in Philosophy of Law 2 (2013): 228-276 (Leslie Green & Brian Leiter, eds.)
Promises and contracts play roles in relational and transactional contexts.
- “Act and Principle Contractualism,” Utilitas 23 (2011): 288-315
The most fitting contractualist theory of moral obligation is act-based.
- “The Conventionality of Promising: A Defense,” Jurisprudence 2 (2011): 463-492
Promising is an essentially conventional practice.
[Discussed by Andrei Marmor in Jurisprudence 2 (2011)]
- “Introduction: Promises and Agreements,” in Promises & Agreements (2011)
Broaching twelve questions for the theory of promises.
- “Agreement as Joint Promise,” in Promises & Agreements
When we enter an agreement we jointly promise each other to do our parts.
- “Promise as Practice Reason,” Acta Analytica 23 (2008): 287-318
To promise is to give oneself a self-interested reason to do what’s promised.
- “The First Virtue of the Law Courts and the First Virtue of the Law,” Legal Theory 13 (2007): 101-128
Justice is the first virtue of the courts but not of the law.
- “The Priority of Courts in the General Theory of Law,” American J of Jurisprudence 52 (2007): 1-30
Law-making institutions are as important to the legal system as law courts.
- “Raz on the Social Dependence of Values,” J of Moral Philosophy 3 (2006): 77-87
The difficulty with social dependence of values without relativism.
- “Are Trade-offs between Justice and Welfare Possible? Calabresi and Dworkin on the Normative Foundations of Law and Economics,” Maryland Law Rev 64 (2005): 250-302
Justice and welfare are independently valuable goals the law may pursue.
- “Are Normal Contracts Normal Promises?,” Oxford J of Legal Studies 24 (2004): 517-537
Normal contracts are exchanges of normal promises.
- “Tort Law and Corrective Justice,” Law & Philosophy 22 (2003): 21-73
Protection from harm is a better candidate for tort law’s point than correction of harm.
- “Contractual Liability and Voluntary Undertakings,” Oxford J of Legal Studies 20 (2000): 205-220
Unlike tort liability, contractual liability is voluntary.
- Imparting Foreknowledge: An Assertive Theory of Promises. Oxford University Press.
Offers an alternative to the dominant view of promises in contemporary philosophy, arguing that promises are assertions of a special kind: motivating self-predictions about the speaker’s intentional action.
- “Realism about Contracts and its Discontents” Jurisprudence
Review essay on Brian H. Bix, Contract Law: Rules, Theory, & Context. Cambridge University Press, 2012.
Books in Preparation
- Putting Justice in its Place: The Role and Limits of Justice in Law
A collection of essays on the place of different kinds of justice in the explanation or justification of different legal institutions.
Articles in Preparation
- “A Paradox About Ignorance of Law.”
A contribution to a conference on Douglas Husak’s work on the general part of the criminal law.