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MARTIN P. GOLDING

April 2012

Office Address: Department of Philosophy and School of LawDuke UniversityDurham, NC 27708Telephone: (919) 613-7039, 660-3062Facsimile: (919) 660-3060e-mail: [email protected]

Education: B.A., University of California, Los Angeles, 1949M.A., University of California, Los Angeles, 1952Ph.D., Columbia University, New York, 1959

Professional Professor of Philosophy and Law, Duke University, 1976-presentExperience:

Chair, Philosophy Department, Duke University, 1976-1986

Professor of Philosophy, John Jay College of Criminal Justice and Doctoral Faculty, City University of New York Graduate Center, 1970-76.

Adjunct Professor, Columbia University, 1970-1983

Instructor to Associate Professor with tenure, Columbia University, 1957-1970

Fellowships, Lectureships University of California at Berkeley, 1962-63and Visiting Appointments:

Bar-Ilan University, Faculty of Law, Israel, 1971-72

UCLA; University of Southern California; New York University Law School; University of Colorado; Southwestern University Law

School

Senior Fulbright Lecturer, Australia, June-July, 1985.

Research Fellow, Australian National University, Canberra, June - July, 1989.

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mailto:[email protected]

Curriculum Vitae: MARTIN P. GOLDING

Parsons Fellow, Faculty of Law, University of Sydney, Australia, August, 1989.

Fellow and Lecturer, William and Mary College of Law, March, 1997.

Awards and Rockefeller Traveling Fellowship, 1960-61Honors:

National Endowment for the Humanities Fellowship for Research, Topic: A Historical and Philosophical Investigation of the Concept of Rights,

1979-80.

National Humanities Center Fellowship for research on Moral Community, 1985-86.

Memberships: American Society for Political and Legal Philosophy, Secretary-Treasurer, 1969-89.

Founding Fellow, Hastings Center, Institute of Society, Ethics, and the Life Sciences, resigned 1993.

American Philosophical Association

International Society of Legal and Social Philosophy (AMINTAPHIL)

Update December 2007

Legal Reasoning, Legal Theories and Rights {Ashgate, Hampshire), 2007

“The Idea of Legal Pathology,” a paper delivered at The International Society for Legal and Social Philosophy (IVR), Cracow, Poland, August 2007

Forthcoming“Legal Positivism,” in Encyclopedia of American Philosophy

“Legal Realism,” in Encyclopedia of American Philosophy

“Obligations to Future Generations,” forthcoming reprint in Pojman and Pojman (eds.), Environmental Ethics (Wadsworth Pubs.)

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Publications: The Nature of Law (Random House; NY), 1966, editorBooks

Philosophy of Law (Prentice Hall; Englewood Cliffs, NJ), 1975Japanese translation: Baihu-kan; Tokyo, 1985Chinese translation: Beijing, 1988Korean translation: Seoul, 1982; revised trans. 2004

Legal Reasoning (Alfred A. Knopf; NY),1984.Reissued 2001(BroadviewPress, Ontario).

Jewish Law and Legal Theory (New York University Press and Dartmouth Publishing Co.), 1994, for International Library of Essays in Law and Legal Theory.

Free Speech on Campus (Rowman & Littlefield), 2000.

Blackwell Guide to the Philosophy of Law and Legal Theory (with William Edmundson) (Oxford: Blackwell Publ.) 2005 (pub. 2004).

Legal Reasoning, Legal Theories and Rights {Ashgate, Hampshire), 2007

Entries in American Philosophy : an Encyclopedia , “Legal Positivism” and “Legal Realism” (Routledge, 2007).

Chapters of Books: “Kelsen and the Concept of ‘Legal System’,” in R. S. Summers (ed.),

More Essays in Legal Philosophy (Blackwells, 1971), 69-100 (Reprint of article).

“Principled Decision-making and the Supreme Court,” in R. S. Summers (ed.) Essays in Legal Philosophy (Blackwell) , 208-36(Reprint of article). Also reprinted in M. V. Tushnet (ed.) Constitutional Law (New York University Press, 1992), 167-190 [International Library of Essays in Law and Legal Theory]. Also reprinted in S. Brewer (ed.) Moral Theory and Legal Reasoning (Garland Pub., 1998), 103-26. Partially reprinted in P. Brest, Process of Constitutional Decision-making (Little, Brown, 1975) 1101-11. Partially reprinted in M. Gerhardt and T. Rowe, Constitutional Theory (Michie Co., 1993), 25-27. Also in Gerhardt et al., Constitutional Theory 2nd ed. (Lexus Publishing, 2000), 30-32.

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“Principled Judicial Decision-making,” in E. Kent (ed.), Law and Philosophy (Appleton-Century, 1970; Prentice Hall, 1974), 437-445 (Reprint of article).

“Philosophy of Law, History of,” Encyclopedia of Philosophy 1976), vol. VI, 254-64.

“Kelsen,” Encyclopedia of Philosophy (1967), vol. IV, 328-29.

“Preliminaries to the Study of Procedural Justice,” in G. Hughes (ed.), Law, Reason, and Justice (New York University Press, 71-101.

“Criminal Sentencing: Some Philosophical Considerations,” in J.B. Cederblom and W.L. Blizek (eds.), Justice and Punishment (Ballinger Pub. Co.; Cambridge MA, 1977) 89-105.

“The Concept of Rights: A Historical Sketch,” in E. and B. Bandman (eds.), Bioethics and Human Rights (Little, Brown and Co.,

1978), 44-50.

“The Adversary System and Justice,” in R. Bronaugh (ed.), Philosophical Law (Greenwood Press, 1978), 98-121.

“Obligations to Future Generations,” Encyclopedia of Bioethics (Free Press, 1978), vol. II, 507-12.

“Population Distribution,” Encyclopedia of Bioethics (Free Press, 1978, vol. III, 1304-06 (with Michael D. Bayles).

“Why Preserve Landmarks? A Preliminary Inquiry,” in K. E. Goodpaster and K. M. Sayre (eds.), Ethics and Problems of the 21 st Century (Univ. of Notre Dame Press, 1979), 175-99 (with Naomi H. Golding).

“The Nature of compromise: A Preliminary Inquiry,” in J. R. Pennock and J. Chapman (eds.), Compromise in Ethics, Law, and Politics (New York University Press, 1979), 3-25 (NOMOS XXI).

“Withholding and Withdrawing Life-Sustaining Mechanisms: some Moral Issues,” “Proceedings of the Conference on Emerging Medical,

Moral, and Legal Concerns (National Kidney Foundation, 1979), 103-16.

“Dispute Settling and Justice,” in R. M. Cover and O.M. Fiss (eds.), The Structure of Procedure (Foundation Press, 1979), 106-14.

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“Justice and Rights: A Study in Relationship,” in E. Shelp (ed.), Justiceand Health Care (D. Reidel Publishing Co., 1981), 23-36.

“From Prudence to Rights: A Critique,” in J. R. Pennock and J. W. Chapman (eds.) Human Rights, NOMOS XXIII (New York University Press, 1981), 165-74.

“Discovery and Justification in Science and Law”, in A. Peczenik et al.

(eds.), Theory of Legal Science (D. Reidel Publishing Co., (1984), 295-305.

“A Note on Discovery and Justification in Science and Law,” NOMOS XVIII, (New York University Press, 1986), 124-40. Reprinted in a. A.

Aarnio and D. N. MacCormick (eds.), I Legal Reasoning (New York University Press, 1992), 109-26 [International Library of Essays

in Law and Legal Theory]. Chinese translation, Nanjing University, Law Review (1996), 5-12.

“Sacred Texts and Authority in Constitutional Interpretation,” in J. R. Pennock and J. W. Chapman (eds.), NOMOS XIX, Authority Revisited (New York University Press, 1987), 267-87.

“On the Idea of Moral Pathology,” in a. Rosenberg and G. Myers (eds.),

Echoes from the Holocaust: Philosophical Reflections on a Dark

Time (Temple University Press, 1988), 128-48.

“Theory of Juristic Reasoning,” in N. Rakover (ed.), Maimonides as

Codifier of Jewish Law (The Library of Jewish Law; Jerusalem,

1987), 51-60.

“Reasoning and the Authoritative Expansion of the Law,” in N. M.

Samuelson (ed.), Studies in Jewish Philosophy (University Press

of America, 1987), 421-62.

“Philosophy of Law,” in J. Makdisi (ed.), Law School Orientation (Carswell Co. Ltd., 1986), 61-81 [reprint of section from book, Philosophy of Law]. Also reprinted in Makdisi, Intro to the Study of law, 2 nd ed, Anderson Pub Co: Cincinnati, 2000, 97-116.

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“The Logical Force of Arguments by analogy in Common LawReasoning,” in C. Faralli and E. Pattaro (eds.), Reason in Law, Vol. III (Milan, 1988), 273-79 [revised reprint of previously published article].

“Agreements with Hostage-Takers,” in T. Airaksinen and M. Bertman

(eds.), Hobbes: War Among Nations (Gower Press, London,

1989), 154-167.

“Foreword” to J. G. Haber, Forgiveness (Roman and Littlefield, 1991),

vii - ix.

Parts of book Legal Reasoning and article “Principled Decision-Making and the Supreme Court” reprinted in M. J. Gerhardt and T. D. Rowe, Jr. (eds.), Constitutional Theory (Charlottesville, VA.,

1993), 17-22 and 25-27. Also in Gerhardt et al., Constitutional

Theory 2nd ed. (Lexus Publishing, 2000), 23-25 and 30-32.

“Communities and the Liberal Community: Some Comments and

Questions,” in J. W. Chapman and I. Shapiro (eds.) NOMOS

XXXV, Democratic Community (New York University Press,

1993), 115-25.

“Introduction” to M. Golding (ed.), Jewish Law and Legal Theory

(Dartmouth Publishing Co. and New York University Press, 1994),

xiii - xviii [a volume in The International Library of Essays in Law

and Legal Theory].

"My Philosophy of Law," in The Law in Philosophical Perspectives: My Philosophy of Law , ed. L.J. Wintgens (Dordrecht; Kluwer Academic Publishers, 1999) 47-67.

“Responsibility,” in Blackwell Guide to the Philosophy of Law and

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Legal Theory , 221-35.

Articles Published inProfessional Journals: “Kelsen and the Concept of ‘Legal System’,” Archiv für Rechts-und

Sozialphilosophie, 47, (1961) 355-86.

“Causation in the Law,” J. of Philosophy, 59 (1961), 85-95.

“Principled Decision-making and the Supreme Court,” Columbia Law

Review, 63 (1963), 35-58.

“Principled Judicial Decision-making,” Ethics, 73 (1963), 247-54.

“The Juridical Basis of Communal Associations in Mediaeval Rabbinic

Legal Thought,” Jewish Social Studies, 28 (1966), 67-78.

“Ethical Issues in Biological Engineering,” UCLA Law Rev., 15 (1968), 443-79.

“Towards a Theory of Human Rights,” The Monist, 52 (1968), 512-49.Reprinted in C. Wellman (ed.), Rights and Duties, vol. 4 (N.Y.;Routledge, 2002).

“Ethical and Value Issues in Population Control and Distribution in the United States,” Vanderbilt Law Review, 24 (1971), 495-523

(with Naomi H. Golding).

“Private Rights and the Limits of Law,” Philosophy East and West, 21

(1971), 375-88.

“Obligations to Future Generations,” The Monist, 56 (1972), 85-99.

“Aquinas and Some Contemporary Natural Law Theories,” Proc. of the

American Catholic Philosophical Association, 48 (1974), 238-47.

“Population Policy in Plato and Aristotle: Some Value Issues,” Arethusa, 8 (1975), 345-58 (with Naomi H. Golding).

“Holmes’s Jurisprudence: Aspects of its Development and Continuity,”

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Social Theory and Practice, 5 (1979), 183-207.

“Realism and Functionalism in the Legal Thought of Felix S. Cohen,”

Cornell Law Review, 66 (1981), 1032-57.

“Preventive v. Curative Medicine: Perspectives of the Jewish Legal

Tradition,” Journal of Medicine and Philosophy, 8 (1983), 63-80.

“The Primacy of Welfare Rights,” Social Philosophy and Policy, 1 (1984), 119-36. Reprinted in F. D. Miller and J. Paul, (eds.), Human Rights (Basil Blackwell; Oxford, 1984), 119-36. Reprinted in C. Wellman (ed.), Rights and Duties, vol. 6 (N.Y.; Routledge, 2002).

“Aesthetics and Legal Reasoning: A Strand in American Legal Thought,” Duke Law Magazine, 2 (1984) 5-10. also published in

Rechtstheorie, Beiheft 8 (1985), 31-37.

“Forgiveness and Regret,” Philosophical Forum, 16 (1984-85), 121-37.

“The Logical Force of Arguments by Analogy in Common Law

Reasoning,” Duke Law Magazine, 2 (1985), 34-37.

“Community and Rights,” Bulletin of the Australian Society of Legal

Philosophy, vol. 9 (1985), 185-96.

“Jurisprudence and Legal Philosophy in 20th Century America: Major

Themes and Developments,” Journal of Legal Education, 36

(1986), 441-80. Included in Text and Periodicals database of

WESTLAW (1989). Chinese translation (in two parts) Nanjing University Law Rev. (1995), 4-16 and 5-19.

“Issues in Responsibility,” Law and Contemporary Problems, 49 (1986),

1-11. [Served as Special Editor of this issue of Law and

Contemporary Problems.]

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“Moral Community,” Social Science, 72 (Fall 1987) 128-31.

“Commentary on Mashaw: Process and Psychology,” Univ. of Florida

Law Rev., 39 (1987), 445-51.

“The Presuppositions of Rights Discourse,” Archiv für Rechts-und

Sozialphilosophie (ARSP), Supplementa vol. IV (1988) 135-39.

“Liberty, Equality and the Freedom of Association: A Preliminary Essay,” Bulletin of the Australian Society of Legal Philosophy (1989),

107-21.

“The Significance of Rights Language,” Philosophical Topics, 18 (1990), 53-64.

“Aristotelian Ethics and Natural Rights: A Critique,” Reason Papers, 18

(1993), 71-77.

“Retroactive Legislation and Restoration of the Rule of Law,” Jahrbuch

für Recht und Ethik” 1 (1993), 169-92. Chinese translation in

Study of the Modernization of the Rule of Law, vol. 1 (1996; Press

of Nanjing Normal Univ.), 87-111.

“Substantive Interpretation and Common Law Elaboration,” Archiv für-

Rechts-und Sozialphilosophie (ARSP), Beiheft 53 (1994), 23-35.

“Liberal Theory and Jewish Politics,” in D. Shatz (ed. Tikkun Olam:

Social Responsibility in Jewish Thought and Law (Jason Aronson Inc., Northvale, NJ; 1997) 201-214.

“Transitional Regimes and the Rule of Law,” Ratio Juris, 9 (1996), 387-95.

“Altruism, Evolutionary Psychology, and the Genealogy of Morals,” Jahrbuch für Recht und Ethik, 6 (1998), 1-17.

“The Cultural Defense”, Ratio Juris , 15 (2002), 146-58.

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“The Legal Analog of the Principle of Bivalence,” Ratio Juris , 16 (2003),

450-68.

“Rights, Performatives, and Promises in Karl Olivecrona’s Legal Theory,” Ratio Juris 18 (2005), 16-29.

“Faux Pas,” Jahrbuch für Recht und Ethik, 13 (2005), 103-22 [Festschrift für Joachim Hruschka zum 70. Geburtstag]

“The Idea of Legal Pathology,” in Law, Liberty, Morality and Rights,

Warsaw (2010), 13-19.

Book Reviews: “Kantorowicz’s The Definition of Law ,” Journal of Philosophy, 66 , (1959) 708-14.

“Fuller’s The Morality of Law ,” Ethics 76 (1966), 225-28.

“Packer’s” The Limits of the Criminal Sanction ,” Philosophical Review ,

80 (1971), 117-22.

“Christie’s Jurisprudence,” Rev. of Metaphysics , 28 (1974), 340-41.

“Tuck’s Natural Rights Theories ,” Political Theory , 10 (1982), 152-58.

“Joel Feinberg’s Harm to Others,” Philosophical Review 96 (1987),

295-98.

“Aarnio’s, The Rational As Reasonable: A Treatise On Legal Justification, Canadian Philosophical Reviews , 8

(1988), 3779-82.

“Eisenberg’s The Nature of the Common Law , Rutgers Law Review,

43 (1991), 1261-77.

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“Review of Kelsen’s General Theory of Norms , Ethics, 103 (1993), 824-27.

“Review of Christie, The Notion of an Ideal Audience in Legal

Argument” Duke Law Forum ., Spring 2001.

Work in Progress: Revision of book, Philosophy of Law (Prentice- Hall 1974), for 2nd

edition.

Long term projects: Moral Community; Argumentation, Interpretation,

and the Elaboration of Law; The Principle of Bivalence: A Comparative

Study.

Papers Delivered and Conference Participation: (from 1978-79; earlier records incomplete)

Academic Year 1978-79: Chairman, Symposium on the New Retributivism, American

Philosophical Association, Washington, DC, December 27, 1978.

Commentator, Conference on Pre-trial Detention, Offender Aid

Restoration, Raleigh, NC, October 30, 1978.

“Population and Procreation Control,” Fourth Undergraduate Conference

on Bioethics, Duke University, February 25, 1979.

“The Nature of Compromise,” New York University Law School,

April 24, 1978.

“The History of the Concept of Rights,” Emory University, April 24, 1979.

Faculty Member, Seminar on Jurisprudence and Humanities, American

Academy for Judicial Education, Harvard Law School, June

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18-22, 1979.

Academy for Judicial Education, Harvard Law School, June 18-22, 1979.

l979-80: “Compromise,” Philosophy Colloquium, University of Washington,

October, 1979.

“Commentator, Conference on Regulation and Deregulation, Santa

Barbara, CA, November, 1979.

“Justice and Rights,” Columbia University Seminar on Political thought,

January, 1980.

Panelist, Conference on Legal Ethics, Duke University, March, 1980.

“The Judicial Function and the Rights Thesis,” Conference on Rights,

Virginia Polytechnic Institute, May, 1980.

“On Consenting to Exploitation,” Conference on Paternalism, Lutzen,

Minnesota, September 14-17, 1980.

1980-81: “The Ethical Basis of Patients’ Rights,” Triangle Psychiatry and Law

Committee, Durham, NC, December 3, 1980.

Participant, Seminar for Judges and Prosecutors, Duke University Law

School, December 16-19, 1980.

“Justice and Rights: A Historical Study,” Columbia University Seminar

on the History of Political Thought, January 28, 1981.

Participant, Liberty Fund Conference on J. S. Mill’s “On Liberty,”

Indianapolis, IN, April 9-10, 1981.

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“Rights: An Overview,” Elon College, NC, May 5, 1981.

“The Limits of Obligations to Future Generations,” Wake Forest

University, NC, April 20, 1981.

“Science Technology, and Human Values,” Conference on

Microelectronics, Program in the Humanities for the Study of

Human Values, University of North Carolina at Chapel Hill, June 12, 1981.

“Reasoning and the authoritative Expansion of the Law: A Study in

Jewish Legal theory,” Academy for Jewish Philosophy, University of

Pennsylvania, June 14, 1981.

Faculty Member, seminar on Jurisprudence and Humanities, American

Academy for Judicial Education, Washington and Lee University

Law School, July 22-24, 1981.

1981-82: Participant, Liberty Fund Seminar, “Edmund Burke and the Trial of William Hastings,” Indianapolis, IN, October 29-30, 1981.

Participant, Liberty Fund Colloquium, “Philosophy, Liberty, and

Responsibility: A consideration of the Current State of American

Philosophy,” Key Biscayne, FL, March 12-14, 1982.

“Sowell’s Fallacies,” Conference on Knowledge and Decisions,

Savannah, GA, March 25-28, 1982.

“Legal Aesthetics,” Conference on Art, Law, and Society, Temple

University, April 20, 1982.

1982-83: “The Primacy of Welfare Rights,” Conference on Human

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Rights, Bowling Green State University, October, 1982.

Participant, Liberty Fund seminar on the Common Law and Individual

Liberty, Indianapolis, IN, April, 1983.

1983-84: “Aesthetics and Legal Reasoning,” 11th World Congress on Philosophy

of Law and Social Philosophy, Helsinki, Finland, August 18, 1983.

Participant, Liberty Fund Colloquium on The American Founders’

sources on the Structure of Government, Houston, TX, November 17-19, 1983.

“Discovery and Justification in Science and Law,” Conference on Legal

Theory and Philosophy of Science, Funds, Sweden, December 13, 1983.

1984-85 “Commentator, Symposium on Authority, American political Science

Association, Washington, DC (?), August, 1984.

“The Logical Force of Arguments by Analogy in Common Law

Reasoning,” Conference on Reason in Law, Bologna, Italy,

December, 1984.

Participant, Liberty Fund Colloquium on The Origins of Republicanism,

Indianapolis, IN, February 28-29. 1985.

Organized Conference on Philosophical Issues in Responsibility (jointly

sponsored by Philosophy Department and Law School), DukeUniversity,

April, 1985.

“On the Idea of Moral Pathology,” Conference on Philosophy and the

Holocaust, Queens College, NY, May 10, 1985.

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“Community and Rights,” Conference of the Australian

Society for Legal Philosophy, Sydney, Australia, June 19, 1985.

Fulbright Lecturer, Australia, June-July, 1985 (lectured at universities of

Sydney, New South Wales, Adelaide, Melbourne, LaTrobe,

Australian National University, Queensland).

“Maimonides and the Theory of Legal Reasoning,” Second International

Seminar on the Sources of Contemporary Law, Jerusalem, Israel,

August 12-18, 1985.

“The Presuppositions of Rights Discourse,” 12th World Congress on

Philosophy of Law and Social Philosophy, Athens, Greece, August 18 , 1985.

1985-86: Participant, Liberty Fund Conference on Adam Smith’s “Lectures on

Jurisprudence,” Washington, DC, March 6-8, 1986.

Jurisprudence and Legal Philosophy in 20th Century America—Major

Themes and Developments,” Association of American Law Schools

Workshop on Teaching Jurisprudence, Philadelphia, PA, March 21-22,

1986.

“Community and Rights” and commentator on paper (by Jes Bjarup)

“Hägerstrom’s Critique of Kelsen’s Legal Theory,” IVR Special Congress, Reykjavik, Iceland, May 18-21, 1986.

Taught course, A Judge’s Philosophy of Law, for trial judges,

Williamsburg, VA, July 6-11, 1986. Sponsored by the American

Academy for Judicial Education.

1986-87 Participant, Liberty Fund Conference on Blackstone’s Commentaries on

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the Law of England , Chicago, IL, December 12-13, 1986.

Commentator, Conference on Procedural Due Process: Liberty and

Justice, University of Florida (Gainesville), February 13-14, 1987.

Commentator, Symposium on the Theory of Adjudication, American

Philosophical Association, San Francisco, CA, March 25, 1987.

Paper delivered, “Community and Rights,” North American Society for

Social Philosophy, Atlanta, GA, April 16, 1987.

Participant, Conference on Law and the Ordering of Our Lives Together,

Center on Religion and Society (Rockford Institute), New York City,

April 24-25, 1987.

Paper delivered, “Agreements with Hostage-takers,” at Hobbes

Conference, Helsinki, Finland, May 6, 1987.

Paper delivered, “Trends in American Legal Philosophy,” Faculty of

Law, University of Helsinki, Finland, May 7, 1987.

Paper delivered “Trends in American Legal Philosophy,” Faculty of

Law, University of Lund, Sweden, May 12, 1987.

Paper delivered, “Justice Holmes’s Theory of Objective Liability in the

Criminal Law,” University of Uppsala, Sweden, May 14, 1987.

Lecturer, “A Judge’s Philosophy of Law,” 1987 Vermont Judicial

College, Burlington, VT, June 2, 1987.

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1987-88 Paper delivered, “Agreements with Hostage-takers,” Hobbes Symposium, American Philosophical Association (Pacific Division),

Portland, OR, May 16, 1988.

Paper delivered, “Constructive Interpretation and the Juristic

Development of the Law,” Academy of Jewish Philosophy, Philadelphia, PA, May 16, 1988.

Speaker at conference on Ronald Dworkin’s Law ’ s Empire , Program in

the Humanities, University of North Carolina (Chapel Hill), September 23, 1988.

Participant, Conference on Theological Ethics and the Moral Order, Center on Religion and Society (Rockford Institute), New York, NY,

October 10,1988.

1988-89 Paper delivered, “Community and Rights,” Northern Illinois University Law School, February 20, 1989.

Paper delivered, “Indeterminacy, Constructive Interpretation, and Maimonides’s Theory of Juristic Reasoning,” Stanford University

Conference on Jewish Law, Jewish History, and Critical Legal Studies, February 22, 1989.

Commentator at Symposium on a. I. Melden’s Rights in Human Lives ,

Pacific Division meeting of the American Philosophical Association,

Berkeley, CA, March 23, 1989.

Speaker at Symposium on Human Rights and Foreign Policy, Virginia Polytechnical Institute and State University, Blacksburg, VA,

April 13, 1989.

Paper delivered, “Hobbes and Agreements with Hostage-

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takers,”

University of Canterbury, New Zealand, May 25, 1989.

Four papers on various topics, while Visiting Fellow, History of Ideas

Unit, Research School of Social Science, Australian National

University., June-July, 1989.

Paper delivered, “Liberty, Equality, and the Freedom of Association: A

Preliminary Analysis,” meeting of the Australian Society of Legal

Philosophy, University of Queensland, August 2, 1989.

Paper delivered, “The Significance of Rights Language,” at Congress of

the International Society for Legal and Social Philosophy (IVR),

Edinburgh, Scotland, August 18, 1989.

1989-90 Paper delivered, “The Appropriateness of Rights Language in the

Context of the Family,” Hastings Center, Briarcliff Manor, NY,

June 8, 1990.

Panelist at meeting of the American Society for Political and Legal

Philosophy, topic: “The Liberal Community,” San Francisco, August 29, 1990.

Participant in conference of the Center for International Leadership,

Aspen, CO, October 21-27, 1990.

1990-91 Speaker (“The Nature of Rights”) and participant in Celebration of

Bicentennial of Bill of Rights, University of Tennessee at

Chattanooga, February 24-27, 1991.

Plenary Speaker, “Substantive Interpretation in Common Law

Elaboration,” at 15th World Congress on Philosophy of Law

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and

Social Philosophy, Gottingen, Germany, August 21, 1991.

Participant, Liberty Fund Colloquium on “Religion, Morality, and

Liberty,” St. Louis, MO, October 31 - November 3, 1991.

1991-92 Participant, Conference of Jewish Law Association, Centre Raschi, Paris,

July 15-20, 1992.

Lecture, “Substantive Interpretation in Common Law Elaboration,”

given to German-American Lawyers Association, Erlangen, Germany,

July 27, 1992.

Paper delivered, “Retroactive Legislation and Restoration of the Rule of

Law,” at conference on Vorpositives Recht als Orientierungshilfe

in Zeiten politischen Umbruchs, Jena, Germany, August 3, 1992.

1992-93 Panelist, Novak’s Jewish Social Ethics , Woodrow Wilson Center,

Washington, DC, November 17, 1992.

Speaker, Symposium of the American Philosophical Association,

Washington, DC, topic: “Aristotelian Ethics and Natural Rights:

A Critique.” December 27, 1992.

Lecturer, Bellarmine College, Louisville, KY, “Law, Evolution, and

Social Practice,” March 25, 1993.

Speaker, Colloquium on skepticism, topic: “Aspects of Legal

Skepticism”, Hofstra University, NY, April 30, 1993.

1993-94 Chair, Symposium on Critical Legal Studies and Classical Liberalism,

American Philosophical Association, Atlanta, GA, December 29, 1993.

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Commentator, Conference on “Tikkum Olam: Jewish Responsibilities to

Society,” Yeshiva University, NY, March 13, 1994.

1994-95 Paper delivered, “The Rule of Law,” at Virginia Commonwealth

University, Richmond, VA, November 15, 1994.

Paper delivered, “Transitional Regimes and the Rule of Law,” IVR

World Congress, Bologna, Italy, June 21, 1995.

Participant, Liberty Fund Conference on the Polity, Princeton, NJ,

June 23-25, 1995.

Chair of session “What Is Jewish Philosophy?,” American Philosophical

Association, New York, December 27, 1995.

1995-96 Paper delivered, “Liberal Theory and Jewish Politics,” Conference on

Liberty, Vanderbilt University, Nashville, TN, June 2, 1996.

1996-97 Presenter, “How I Teach Jewish Law,” Seminar on the Teaching of

Jewish Law, Tourro School of Law, New York, November 4, 1996.

Lecturer, William and Mary College of Law, March 17-19, 1997.

Participant, Conference on Altruism and Supererogation, University of

Erlangen, Germany. Delivered paper “Altruism, Evolutionary Psychology, and the Genealogy of Morals,” July 27 - August 2, 1997.

Paper delivered, “Intellectual Respectability and the Market Place of

Ideas.”American Philosophical Association, Philadelphia, PA,

December 1997.

1998-99 Participant in conference on “Liberty and the Universal

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Declaration of Human Rights,” December 3-6, 1998, Colorado Springs, CO (Liberty Fund).

Panel discussant on book Philosophical Perspectives on the Law,

International Association for Philosophy of Law and Social Philosophy,

United Nations, New York, NY, June 28, 1999.

Moderated: Chair of panel on Customary and Religious Law,

International Association for Philosophy of Law and Social Philosophy,

New York, NY, June 29, 1999.

2000-01 Delivered paper “The Cultural Defense” at Congress of the International Society of Legal and Social Philosophy (IVR), Amsterdam, The Netherlands, June 21, 2001.

Lecture, “Free Speech on Campus,” Duke Institute for Learning in Retirement (May, 2001); John Locke Foundation (June, 2001).

2001-02 Delivered four lectures at the Faculty of Law, University of Bologna,Italy in March, 2002.

Invited participant, Conference on Equity in Jewish Law, Harvard Law School, May 19-21, 2002.

Delivered paper, “The Legal Analog of the Principle of Bivalence,” at the Fourth European Congress for Analytical Philosophy in Lund, Sweden, June, 2002.

2002 - 03 Delivered paper, ““Rights, Performatives, and Promises in Karl Olivecrona’s Legal Theory,” International Society for Legal and Social Philosophy (IVR), Lund, Sweden, August 2003.

2003 - 04 Orthodox Forum on War and Peace, Yeshiva University, New York, March 14-15, 2004. (Invited participant)

Participant in Conference on the Legal Heritage of Maimonides, Harvard Law School, June1-3, 2004

2004 - 05 Participant, Conference on Midrash and Law, Harvard Law School, June, 2005.

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2007 “The Idea of Legal Pathology,” a paper delivered at The International Society for Legal and Social Philosophy (IVR), Cracow, Poland, August 2007

Participant, Liberty Fund Conference on “Hayek, Common Law, and Contemporary Jurisprudence, Alexandria, Va, December 6-8, 2007.

2008 Participant, Conference on Free Will in Jewish Law, Harvard Law

School, June, 2008.Chair of session on Natural Law, Jewish Law Association, University of Manchester, July 2008.

Service to the Profession: (past seventeen years)

1986-87 Taught course for trial judges, “A Judge’s Philosophy of Law,” sponsored by the American Academy of Judicial Education, Williamsburg, VA, July 5-10, 1987.

Continued as Secretary-Treasurer of the American Society for Political and Legal Philosophy (a 500 member interdisciplinary society that has a meeting each year and publishes a yearbook, NOMOS).

Judge, John Dewey Dissertation Publication Contest.

Tenure referee for two universities.

Consulting editor and articles referee for two journals, Law and Philosophy and Social Philosophy and Policy.

Reviewer for National Humanities Center fellowships.

1987-88 Taught course, “A Judges Philosophy of Law,” for trial judges, sponsored by the American Academy of Judicial Education, Harvard Law School, July 4-9, 1988.

Secretary-Treasurer (continuation) of the American Society for Political and Legal Philosophy ( a 550 member interdisciplinary group that holds an annual meeting and publishes a yearbook, NOMOS).

Judge, John Dewey Dissertation Publication Contest.

Consulting Editor for three journals, Law and Philosophy, Social

22

Philosophy and Policy, and Law and Contemporary Problems.

Manuscript reviewer, Princeton University Press.

1988-89 Re-elected as Secretary-Treasurer, American Society for Political and Legal Philosophy.

Appointed Member of Advisory Committee on the Philosophy of Law, to the Eastern Division Program Committee of the American Philosophical Association.

Consulting Editor for four journals: Law and Philosophy, social Philosophy and Policy, Law and Contemporary Problems, and American Philosophical Quarterly.

1989-90 Member of Advisory Committee on the Philosophy of Law, Eastern Division Program Committee of the American Philosophical Association.

Consulting Editor for three journals: Law and Philosophy, Social Philosophy and Policy, and American Philosophical Quarterly.

Referee, National Science Foundation (Ethics and Value Studies in Science, Technology and society).

Executive Committee, Jewish Law Association.

1990-91 Member of Advisory Committee on the Philosophy of Law, Eastern Division Program Committee on the American Philosophical Association.

Consulting Editor for two journals: Law and Philosophy, Social Philosophy and Policy.

Ethics Committee, Lucy Daniels Foundation.

1992-93 Member of Advisory Committee on the Philosophy of Law, Eastern Division Program Committee on the American Philosophical Association.

Consulting Editor for two journals: Law and Philosophy, Social Philosophy and Policy (articles referee).

Referee for major university on a promotion to a distinguished professorship.

23


1993-94 Consulting Editor for two journals: Law and Philosophy, SocialPhilosophy and Policy (articles referee).

Referee for major university on a promotion to a distinguished professorship.

Referee for promotion to tenure at a law school.

1994-95 Consulting Editor for two journals: Law and Philosophy, Social Philosophy and Policy (articles referee).

1995-96 Referee for promotion to tenure at a law school.

Consulting Editor for three journals: Law and Philosophy, Social Philosophy and Policy, International Journal for the Semiotics of Law. (articles referee).

1996-04 Consulting Editor (articles referee) for four journals: Social Philosophy and Policy, Law and Philosophy, International Journal for the Semiotics of Law, Res Publica: A Journal of Social and Legal Philosophy, articles referee for Ethics. Member of editorial board: Law and Contemporary Problems

2001- Member of Advisory Committee on the Philosophy of Law, Eastern Division Program Committee of the American Philosophical Association.

Tenure referee for major foreign university.Tenure referee for major US law school

2002- Tenure referee for major university

University and Departmental (past fourteen years)Activities

1990-91 Director, Joint Law and Philosophy JD-MA Program.

Director of Undergraduate Studies, Department of Philosophy.

Member of four doctoral dissertation committees.

Member, Faculty Advisory Committee, Judaic Studies Program.

Member, Academic Priorities Committee in Arts and Sciences

24

(Dean Hillerbrand).


Director of Undergraduate Studies, Department of Philosophy (until September, 1992).

Member of two doctoral dissertation committees.

Member, Faculty Advisory Committee, Judaic Studies Program.

Placement Officer, Philosophy Department

Smart-Lerner Professorships Search Committee.


Placement Officer, Philosophy Department.

Library Representative, Philosophy Department.

Smart-Lerner Professorships Search committee.

1993-94 Director, Joint Law and Philosophy JD-MA program.

Placement Officer, Philosophy Department.

Library Representative, Philosophy Department.


Library Representative, Philosophy Department

Usage Statistics for your Duke Law Scholarship Repository article

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Your Author Dashboard shows you had 151 new downloads in the past month of your 8 papers in Duke Law Scholarship Repository. This brings your total readership to 3564.

Jurisprudence and Legal Philosophy in Twentieth-Century America - Major Themes and Developments

41 full-text downloads3 full-text downloads from Fordham University

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4 full-text downloads from the search term "jurisprudence themes"

"Principled Decision-Making and the Supreme Court"4 full-text downloads between 2011-09-12 and 2011-10-11227 full-text downloads since date of posting (2004-12-28)http://scholarship.law.duke.edu/faculty_scholarship/385

"Commentary on Mashaw: Process and Psychology"11 full-text downloads between 2011-09-12 and 2011-10-11101 full-text downloads since date of posting (2004-12-28) Congratulations! This paper has now been downloaded over 100 times!http://scholarship.law.duke.edu/faculty_scholarship/59

"Jurisprudence and Legal Philosophy in Twentieth-Century America - Major Themes and Developments"25 full-text downloads between 2011-09-12 and 2011-10-11507 full-text downloads since date of posting (2004-12-28) Congratulations! This paper has now been downloaded over 500 times!http://scholarship.law.duke.edu/faculty_scholarship/60

"Ethical and Value Issues in Population Limitation and Distribution in the United States"9 full-text downloads between 2011-09-12 and 2011-10-11197 full-text downloads since date of posting (2004-12-28)http://scholarship.law.duke.edu/faculty_scholarship/384

"Realism and Functionalism in the Legal Thought of Felix S. Cohen"18 full-text downloads between 2011-09-12 and 2011-10-11426 full-text downloads since date of posting (2004-12-28)http://scholarship.law.duke.edu/faculty_scholarship/58"Ethical Issues in Biological Engineering"36 full-text downloads between 2011-09-12 and 2011-10-11308 full-text downloads since date of posting (2005-08-25)http://scholarship.law.duke.edu/faculty_scholarship/1156

"Rights, Performatives, and Promisesin Karl Olivecrona's Legal Theory"6 full-text downloads between 2011-09-12 and 2011-10-11459 full-text downloads since date of posting (2005-08-25)http://scholarship.law.duke.edu/faculty_scholarship/1157

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http://scholarship.law.duke.edu/faculty_scholarship/1157







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