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Hershovitz, Scott

Professor of Law

3254 South Hall

Scott Hershovitz is a professor of law and a professor of philosophy at the University of Michigan. He also directs the Law and Ethics Program. Prior to joining the faculty at Michigan, he clerked for Justice Ruth Bader Ginsburg of the U.S. Supreme Court and the Hon. William A. Fletcher of the Ninth Circuit. He was also an attorney-adviser on the appellate staff of the Civil Division of the U.S. Department of Justice. Prof. Hershovitz earned an AB in political science and philosophy and an MA in philosophy from the University of Georgia. He also holds a JD from Yale and a DPhil in law from the University of Oxford, where he studied as a Rhodes Scholar. Prof. Hershovitz teaches and writes about jurisprudence and tort law. His publications include "The Model of Plans and the Prospects for Positivism" (Ethics, 2014), "The Role of Authority" (Philosophers' Imprint, 2011), "Harry Potter and the Trouble with Tort Theory" (Stanford Law Review, 2010), and "Two Models of Tort (and Takings)" (Virginia Law Review, 2006). His forthcoming work includes "The End of Jurisprudence" (Yale Law Journal, 2015).

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: MLaw Repository | JSTOR (UMICH users) | 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

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


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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