Daniel Markovits
Democratic Disobedience
114 Yale L.J. 1897 (2005) Traditional justifications for civil disobedience emphasize the limits of legitimate political authority and defend civil disobedience as a just response when governments overstep these limits. Such liberal justifications are well suited to certain classes of civil disobedience--in particular, to disobedience in protest of laws or policies that violate basic rights. Moreover, these classes include the...
Contract and Collaboration
113 Yale L.J. 1417 (2004) Promises and contracts establish relations among the persons who engage them, and these relations lie at the center of persons' moral and legal experience of one another. But the most prominent accounts of these practices nevertheless remain firmly individualistic, seeking to explain the obligations that such agreements involve in terms of one or another service...
How Much Redistribution Should There Be?
112 Yale L.J. 2291 (2003) Egalitarianism ties people's fortunes together. It takes the good and bad things in people's lives--their blessings and their afflictions--and shares them out, or redistributes them, among their fellows. Where egalitarianism operates, each person's fortunes and misfortunes cease to be just her own and become, to the extent egalitarianism recommends, a part of communal fortunes and...