|
Tel: 215.898.5798
Fax: 215.573.2025
Email: cfinkels@law.upenn.edu
Expertise
- Contracts
- Criminal Law
- Legal Philosophy
- Moral and Political Philosophy
Bio
Claire Finkelstein is a leading scholar writing at the intersection of philosophy and law.
[More]
Claire Finkelstein is a leading scholar writing at the intersection of philosophy and law. She has published extensively in the areas of criminal law theory, as well as in moral and political philosophy, philosophy of law, and rational choice theory. One of her distinctive contributions is bringing philosophical rational choice theory to bear on legal theory. In addition to her primary appointment in the Law School, she holds a secondary appointment in the Philosophy Department. During the Spring semester, 2008, Finkelstein will be a fellow at the American Academy of Berlin. She has previously held fellowships at the Princeton Center for Human Values, the Center for Social and Political Theory at the Australian National University, and the Centre de Recherche en Epistémologie Appliquée (Paris), and was a recipient of Olin fellowships to further her dissertation research. She is the editor of a collection of essays entitled Hobbes on Law (Ashgate Publishing, 2005), and is presently working on a book, Hobbes’ Legal Theory.
[Hide]
Representative Professional Positions
Penn Law - Professor of Law and Philosophy (2001 -); Visiting Professor (2000-01)
University of California, Berkeley - Professor of Law (1999-2000); Acting Professor of Law (1995-99)
Visits and Fellowships - American Academy in Berlin (2008); Harsanyi Fellow, Center for Social and Political Philosophy, Research School for the Social Sciences, Australian National U. (2000); Princeton Center for Human Values, Princeton (1998-99)
Representative Publications
HOBBES’ LEGAL THEORY (work-in-progress).
Contrived Defenses and Deterrent Threats: Two Facets of One Problem (co-authored with Leo Katz), 5 OHIO. J. CRIM. L. 479 (2008).
[View Document]
Acting on an Intention, in REASON, INTENTION AND MORALITY (Gijs Van Donselaar & Bruno Verbeek eds., Ashgate Publishing, 2008).
[View Document]
A Contractarian Argument Against the Death Penalty, 81 N.Y.U. L. REV. 1283 (2006).
[View Document]
Hobbes and the Internal Point of View, 75 FORDHAM L. REV. 1211 (2006).
[View Document]
Report for British Law Commission on American Murder Law, Completed September, 2005 (available upon request), published in British Law Commission CP177 (December 20, 2005).
[View Document]
Merger and Felony Murder, in DEFINING CRIMES: ESSAYS ON THE CRIMINAL LAW’S “SPECIAL PORT” (Antony Duff & Stuart Green eds., Oxford Univ. Press 2005).
[View Document]
HOBBES ON LAW, editor of volume for Ashgate Publishing (2005).
Responsibility for Unintended Consequences, 2 OHIO ST. J. CRIM. L. 579 (2005).
[View Document]
A Contractarian Approach to Punishment, BLACKWELL SERIES ON PHILOSOPHY OF LAW (Martin Golding & William Edmundson eds., 2004).
[View Document]
Legal Theory and the Rational Actor, in OXFORD HANDBOOK OF RATIONALITY (Al Mele ed., Oxford Univ. Press, 2003).
[View Document]
Is Risk a Harm?, 151 U. PA. L. REV. 963 (2003).
[View Document]
Excuses and Dispositions in Criminal Law, 6 BUFF. CRIM. L. REV. 317 (2002).
[View Document]
Death and Retribution, CRIM. JUST. ETHICS (2002).
[View Document]
Crime: Definition, in ENCYCLOPEDIA OF CRIME AND JUSTICE (Macmillan Reference Series 2002).
[View Document]
Involuntary Crimes, Voluntarily Committed in CRIMINAL LAW THEORY: DOCTORINES OF THE GENERAL PART (Stephen Shute & A.P. Simester eds., Oxford Univ. Press 2002).
[View Document]
A Puzzle About Hobbes on Self-Defense, 82 PACIFIC PHIL. Q. 332 (2001).
[View Document]
Two Men on a Plank, 7 LEGAL THEORY 279 (2001).
[View Document]
Rational Temptation, in PRACTICAL RATIONALITY AND PREFERENCE: ESSAYS FOR DAVID GAUTHIER (Christopher W. Morris & Arthur Ripstein eds., Oxford Univ. Press 2001).
[View Document]
The Inefficiency of Mens Rea, 88 CAL. L. REV. 895 (2000).
[View Document]
When the Rule Swallows the Exception, in RULES AND REASONING: ESSAYS IN HONOUR OF FREDERICK SCHAUER (Hart Publishing Company 1999; reprinted in 19 QUINN. L. REV. 505 2000).
[View Document]
Positivism and the Notion of an Offense, 88 CAL. L. REV. 335 (2000).
[View Document]
Threats and Pre-emptive Practices, 5 LEGAL THEORY 311 (1999).
[View Document]
On the Obligation of the State to Extend a Right of Self-Defense to its Citizens, 147 U. PA. L. REV. 1361 (1999).
[View Document]
For additional publications, please consult
Current & Recent Research
Current Working Papers
Contracts Under Coercion: Should You Keep a Contract with a Robber?
Hobbesian Legal Reasoning
Constrained Maximization and Risk
Punishment as Contract
|
