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Hershovitz, Scott

Professor of Law

3254 South Hall
Scott Hershovitz teaches jurisprudence and tort law. Prior to joining the Michigan Law faculty, he clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge William A. Fletcher of the Ninth Circuit. In between these clerkships, he was a member of the appellate staff of the Civil Division of the U.S. Department of Justice. Prof. Hershovitz is admitted to practice law in Georgia. His publications include "Two Models of Tort (and Takings)" in the Virginia Law Review, "Legitimacy, Democracy, and Razian Authority" in Legal Theory, and "Wittgenstein on Rules: The Phantom Menace" in the Oxford Journal of Legal Studies. He is also the editor of Exploring Law's Empire: The Jurisprudence of Ronald Dworkin (2006).

Prof. Hershovitz graduated summa cum laude from the University of Georgia with an AB in political science and philosophy and an MA in philosophy. In addition to a JD from Yale Law School, he holds a DPhil in law from the University of Oxford, where he studied as a Rhodes Scholar.

Recent Publications

More Publications...

​"The End of Jurisprudence." Yale L. J. 124 (Forthcoming, 2015).​​

"The Model of Plans and the Prospects for Positivism." Ethics 125, no. 1 (2014): 152-81.
Full Text: JSTOR

"Tort as a Substitute for Revenge." In Philosophical Foundations of the Law of Torts, edited by J. Oberdiek, 86-102. Oxford: Oxford University Press, 2014.
Full Text: SSRN

​"Patching Things Up." Review of "Tort Processes and Relational Repair," by L. Radzik, in Philosophical Foundations of the Law of Torts, edited by J. Oberdiek. Jotwell (2014).​​​
Full Text: WWW

"Late Night Law Firms." Review of "Sunlight and Settlement Mills." N. F. Engstrom. N. Y. U. L. Rev. 86, no. 4 (2011): 805-86. Jotwell (2013).
Full Text: WWW

Review of Corrective Justice, by E. Weinrib. Law & Phil. 32, no. 6 (2013): 817-22.
Full Text: SpringerLink (UMich users) | SpringerLink

"What Does Tort Law Do? What Can it Do?" Val. U. L. Rev. 47, no. 1  (2012): 99-118.
Full Text: SSRN | WWW

"The Authority of Law." In The Routledge Companion to Philosophy of Law, edited by A. Marmor, 65-75. New York: Routledge, 2012.
Full Text: SSRN

Review of Between Authority and Interpretation, by J. Raz. Mind 121, no. 483 (2012): 835-8.
Full Text: WWW

"The Role of Authority." Philosopher's Imprint 11, no. 7 (2011): 1-19.
Full Text: SSRN | WWW

"Harry Potter and the Trouble with Tort Theory." Stan. L. Rev. 63, no. 1 (2011): 67-114.
Full Text: MLaw Repository | SSRN | HEIN (UMich users) | HEIN | Westlaw

"Corrective Justice for Civil Recourse Theorists." Fla. St. U. L. Rev. 39, no. 1 (2011): 107-28.
Full Text: MLaw Repository | SSRN | HEIN (UMich users) | HEIN | Westlaw | WWW


Delivered the Monsanto Lecture, "What Does Tort Law Do? What Can It Do?", at Valparaiso Law School, March 2012.

Presented "Corrective Justice For Civil Recourse Theorists" at the Columbia Legal Theory Workshop, October 2011.

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