Samantha Besson

Droit international des institutions

Collège de France

Année 2024-2025

Conférence - Liam Murphy - Legal Practice and the Responsibility of Individuals

Liam Murphy

Professeur de philosophie du droit, New York University (NYU) Law School

Liam Murphy est invité par l'assemblée du Collège de France, sur proposition de la Pr Samantha Besson. Dans le cadre de la convention signée entre le Collège de France et la New York University.

La conférence est en anglais.

Résumé

Some legal practices, such as the private law of obligations and property, are justified by the good that general compliance with their rules bring about. It cannot be said, however, that each particular act of compliance by individuals itself contributes to that good outcome. And yet there is clearly an ethical tie between individuals and the rules of the practices. Leaving aside cases where the law simply protects independent moral rights, the same points can be made about compliance with law generally. This lecture explores the question of how we should understand the ethical tie between individuals and legal practices that are justified in terms of the social good produced by general compliance. An imperfect duty of impartial beneficence will play a central role in the account.

iam Murphy works in legal, moral, and political philosophy and the application of these inquiries to law, legal institutions, and legal theory. Subjects of his publications range from abstract questions of moral philosophy (for example, "Nonlegislative Justification" in Jeff McMahan et al., Principles and Persons: The Legacy of Derek Parfit, 2021) to concrete issues of legal and economic policy (for example, The Myth of Ownership: Taxes and Justice, 2002, co-authored with Thomas Nagel). A central theme in all Murphy's work is that legal, moral, and political theory cannot be pursued independently of one another; they are, in fact, different dimensions of a single subject. This theme is evident in his book What Makes Law (2014), which locates the traditional philosophical issue of the grounds of law (the factors that determine the content of the law in force) within broader issues of political theory. Much of Murphy's recent work has been in the field of private law theory, though he has also recently returned to tax policy, writing a new paper with Thomas Nagel on wealth taxation. Going forward, Murphy is working on a book project that concerns the connections and differences among the justifications of practices (including legal practices) and the moral requirements that apply to individuals, collectives of individuals, and states. Murphy has been awarded fellowships at Columbia's Society of Fellows in the Humanities, Harvard's Society of Fellows, and the National Humanities Center. He was vice dean of NYU School of Law from 2007 to 2010.