Law and Ethics

Ori Herstein

Prof. Ori Herstein

Vice Dean
Professor
ori.herstein@mail.huji.ac.il
Room 225
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Professor Ori Herstein joined the Law Faculty at the Hebrew University in 2014. He teaches and writes primarily on tort law, private law theory, and on various matters of legal and moral philosophy.  Professor Herstein obtained his doctoral and master’s degrees from Columbia University Law School and his law degree and undergraduate philosophy degrees from Tel Aviv University. While at Columbia, he wrote his doctoral dissertation under Professor Joseph Raz.  Professor Herstein is also a member of staff at King's College London's School of Law (as of 2012) and has held visiting and fixed term appointments at Harvard University Law School, Cornell University Law School, Columbia University Law School, and Peking University School of Transnational Law.  Currently, Professor Herstein is the director of the Sacher Institute for Legislative Research and Comparative Law at the Hebrew University and an associate editor for the journal Law and Philosophy. Formerlyhe was co-editor of the Jerusalem Review of Legal Studies (2016-2020) and the co-convener of King’s Legal Philosophy Workshop (2012-2019). Prior to entering academia, Professor Herstein spent two years in private practice as a litigation associate at the NYC offices of Fried, Frank, Harris, Shriver & Jacobson LLP as well as clerked on the Tel Aviv Circuit Court under Judge Drora Pilpel. Professor Herstein has been admitted to the New York Bar and the Israel Bar.

 

Education

J.S.D. - Doctor of the Science of Law 
Columbia University Law School, 2008 
Dissertation Supervisor: Professor Joseph Raz  
 
LL.M. - Master of Laws 
Columbia University Law School, 2004 
 
LL.B. - Bachelor of Laws 
Tel Aviv University, 2001
Honors: magna cum laude
 
Undergraduate Degree in Philosophy
Tel Aviv University 2001
 
Graduate Studies in Philosophy
Tel Aviv University 2001-2003 

 

Representative publications

Justifying Standing, 20 (7) Philosophers’ Imprint, 1-18 (2020).  

Understanding Standing: Permission to Deflect Reasons, 174 (12) Philosophical Studies, 3109-3132 (2017).

How Tort Law Empowers, 65(1) University of Toronto Law Journal, 99-132 (2015).

A Legal Right to Do Legal Wrong, 34(1) Oxford Journal of Legal Studies, 21-45 (2014).

Defending the Right to Do Wrong, 31(3) Law and Philosophy, 343-365 (2012).

A Normative Theory of the Clean Hands Defense, 17(3) Legal Theory, 171-208 (2011).  

 

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Re'em Segev

Prof. Re'em Segev

Vice Dean
Ivan C. Rand Chair in Criminal Law
reem.segev@mail.huji.ac.il

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Education

LL.B., Summa cum Laude, The Hebrew University

LL.M., Magna cum Laude, The Hebrew University

Ph.D., The Hebrew University

 

Representative Publications:

General Versus Special Theories of Discrimination, Journal of Moral Philosophy (2021).

Continuity in Morality and Law, Theoretical Inquiries in Law (2021).

Moral Innocence and the Criminal Law: Non-Mala Actions and Non-Culpable Agents, Cambridge Law Journal 79 (2020).

Should Law Track Morality? Criminal Justice Ethics 36 (2017): 205-223.

Responsibility and Justificatory Defenses, Criminal Law & Philosophy 11 (2017): 97-110.

Should We Prevent Deontological Wrongdoing? Philosophical Studies 173 (2016): 2049-2068.

Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters, University of Toronto Law Journal 64 (2014): 36-63.

Justification under Uncertainty, Law & Philosophy 31 (2012): 523-563.

Hierarchical Consequentialism, Utilitas 22 (2010): 309-330.

Second-Order Equality and Levelling Down, Australasian Journal of Philosophy 87 (2009): 425-443.

Well-Being and Fairness, Philosophical Studies 131 (2006): 369-391.

 

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David Enoch

Prof. David Enoch

The Rodney Blackman Chair in the Philosophy of Law
The Faculty of Law; Philosophy Department
02-5882583
david.enoch@mail.huji.ac.il
Room 212

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I’ve been a faculty member at the Hebrew U – on a joint appointment in law and philosophy – since 2003.

I work primarily in moral, legal, and political philosophy.

In moral philosophy, much of my work has been in metaethics, where I defend a fairly robust objectivist, realist view about morality and about normativity more generally. According to this view, there are moral (and other normative) facts that do not constitutively depend on us, that we discover rather than create or construct, and that are irreducible to run-of-the-mill natural facts. 

In the philosophy of law I sometimes voice skepticism about the more conceptual parts of the discussion about the nature of law, and I take part mostly in normative discussions about law, such as questions about the right status of statistical evidence, or about the role of luck in morality and law

In political philosophy I develop and defend a comprehensive liberal view – one that does not aspire to the kind of neutrality Rawls’s “Political Liberalism” aspires to. I criticize such Rawlsian views, and I try to accommodate, within liberalism, insights more commonly found among critics of liberalism.

In the faculty of law I usually teach jurisprudence (usually, the part that is really just intro to moral and political philosophy), and sometimes a workshop or seminar at the intersection of law and philosophy. In the philosophy department I usually teach the first-year course “Central Problems in Philosophy”, and various seminars (mostly in metaethics and in political philosophy).

 

Education

B.A. in Law and Philosophy, Tel Aviv University
PhD in philosophy, NYU

 

Representative publications

  1. Taking Morality Seriously: A Defense of Robust Realism (Oxford University Press, 2011).
  2. "Agency, Shmagency: Why Normativity Won't Come from What is Constitutive of Agency?, Philosophical Review 115 (2006), 169-198.
  3. "Reason-Giving and the Law", Oxford Studies in the Philosophy of Law 1 (2011), 1-38.
  4. "Moral Luck and the Law", Philosophy Compass 5 (2010), 42-54.
  5. "Being Responsible, Taking Responsibility, and Penumbral Agency”, in Ulrike Heuer and Gerald Lang (eds.) Luck, Value and Commitment: Themes from the Ethics of Bernard Williams (Oxford University Press, 2012).
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Prof. Ruth Gavison

Prof. Ruth Gavison

Professor Emerita of Human Rights
Ruth.gavison@mail.huji.ac.il

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Ruth Gavison was born in Jerusalem in 1945. She completed her bachelor’s degree in law cum laude from the Hebrew University of Jerusalem. After interning at the Supreme Court with Justice Benjamin Halevy, she received her license to practice law and began to study for a master’s degree in law at the Hebrew University, while also undertaking undergraduate studies in economics and philosophy. In 1971 she began doctorate studies in the philosophy of law at Oxford University, under the supervision of the British scholar H.L.A. Hart. Her doctorate research examined the legal protection of privacy. In 1974 Gavison joined the Faculty of Law at the Hebrew University of Jerusalem, heading the H. Cohen Chair of Human Rights. Her studies examine issues touching on the relationship between law and morality; issues of religion and state; the nature of law and the relationship between law and the role of the judge; and diverse issues from the field of public law. Gavison is a leading scholar in the field of law and society and a pioneer in the struggle for civil rights in Israel. She was one of the founders of the Association for Civil Rights in Israel and served as the association’s chairperson and president. Gavison has received numerous prizes over her many years of legal work, including the Zeltner Prize for Legal Research, the Avi Chai Prize (for her work on the new social covenant between observant and non-observant Jews in Israel), a prize from the Movement for
Tolerance, an Emet (Art-Science-Culture) prize in the legal and social sciences category, and the Israel Prize for Legal Research (2011).

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Eyal Zamir

Prof. Eyal Zamir

Augusto Levi Professor of Commercial Law
02-5823845; 052-4510121
eyal.zamir@mail.huji.ac.il
Room 120
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Prof. Eyal Zamir is Augusto Levi Professor of Commercial Law at the Hebrew University, where he served as Dean of the Faculty of Law, and was the founding director of the Aharon Barak Center for Interdisciplinary Legal Studies and a founding member of the Center for Empirical Studies of Decision-Making and the Law. He was a visiting scholar or visiting professor at Harvard Law School, Yale Law School, NYU School of Law, University of Pennsylvania Carey Law School, Georgetown University Law Center, UCLA School of Law, University of Zürich, Max Planck Institute of Economics in Jena, and the Center for Transnational Legal Studies in London.

Prof. Zamir’s research interests include economic and behavioral analysis of law, empirical legal studies, contract law and theory, and normative ethics and law. He authored or edited 18 books and published 80 articles. His latest four books were published with Oxford University Press. His articles were published in journals such as the Columbia Law Review, University of Chicago Law ReviewJournal of Legal Studies, Journal of Empirical Legal Studies, California Law Review, Virginia Law Review, American Journal of International Law, American Journal of Comparative Law, University of Toronto Law Journal, Law & Social Inquiry, Organizational Behavior & Human Decision Processes, and Public Administration Review.

Prof. Zamir presented his work in numerous conferences and workshops, including the annual meetings of the American Law and Economics Association and the Society for Empirical Legal Studies.

Prof. Zamir has been awarded numerous fellowships and prizes, including the Fulbright Researcher Award; the Rothschild Fellowship; the Hebrew University President’s Prize for Excellent Young Scholar named after Y. Ben Porat (first recipient); the Zeltner Prize for Senior Scholar; and the Justice Shneor Zalman Cheshin Prize for Academic Excellence in Law for Senior Scholar.

 

Education

1982 - LL.B. cum laude, Law Faculty, Hebrew University of Jerusalem, Israel;

1989 - Dr. Jr., Law Faculty, Hebrew University of Jerusalem.
 

Representative publications

Law, Economics, and Morality 376 pp. (OUP, 2010, with Barak Medina); 
Chinese translation by Xu Dafeng (Fu Dan University Press, Shanghai China, 2015);

The Oxford Handbook of Behavioral Economics and the Law X+ 824 pp. (co-edited with Doron Teichman);

Law, Psychology, and Morality: The Role of Loss Aversion 258+18 pp. (OUP, 2014);

Behavioral Law and Economics XVII + 618 pp. (OUP, 2018, with Doron Teichman);

 “The Inverted Hierarchy of Contract Interpretation and Supplementation,” 97 Columbia L. Rev. 1710-803 (1997);

“The Efficiency of Paternalism,” 84 Virginia Law Review 229-86 (1998);

“The Missing Interest: Restoration of the Contractual Equivalence,” 93 Virginia Law Review 59-138 (2007);

“Law, Morality, and Economics: Integrating Moral Constraints with Economic Analysis of Law”, 96 California Law Review 323-91 (2008) (with Barak Medina);

“Revisiting the Debate over Attorneys’ Contingent Fees: A Behavioral Analysis,” 38 Journal of Legal Studies 245-88 (2010) (with I. Ritov);

“Loss Aversion, Omission Bias, and the Burden of Proof in Civil Litigation,” 41 Journal of Legal Studies 165-207 (2012) (with I. Ritov);

“Contract Law and Theory – Three Views of the Cathedral,” 81 University of Chicago Law Review 2077–2123 (2014);

“Affirmative Action and other Group Tradeoff Policies: Identifiability of the Adversely Affected People” 125 Organizational Behavior and Human Decision Processes 50-60 (2014) (with I. Ritov);

“Explaining Self-Interested Behavior of Public-Spirited Policymakers” Public Administration Review (2017) (with Raanan Sulitzeanu-Kenan);

“A Theory of Mandatory Rules: Typology, Policy, and Design” 99 Texas Law Review 283–340 (2020) (featuring Ian Ayres).

 

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