Liam B. Murphy

  • Herbert Peterfreund Professor of Law and Professor of Philosophy
Assistant: Omar Andron
  omar.andron@nyu.edu       212.998.6252
Liam B. Murphy

AREAS OF RESEARCH

Contract Law Theory, Legal Philosophy, Moral Philosophy, Political Philosophy, Taxation Policy


Liam 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. Most of Murphy’s recent work has been in the field of private law theory, but he is currently working on a paper on the taxation of wealth with Thomas Nagel. 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 has been an associate editor and is now a member of the editorial board of Philosophy & Public Affairs. Murphy was vice dean of NYU School of Law from 2007 to 2010. He is a member of the American Academy of Arts and Sciences.

Courses

  • Contract Theory Seminar

    The seminar addresses the fundamental questions of contract theory and doctrine: Which promises and agreements should be legally enforced, and why? What should the remedy for breach of contract be? How should courts fill gaps in the parties’ agreement? On what grounds should the law excuse–refuse to enforce–an otherwise enforceable contractual obligation? What could justify third party enforcement of a contract? The readings will be drawn from legal scholarship drawing on a variety of theoretical perspectives—including the philosophic and the economic—that have been influential in the development of contract law in the United States.

  • Contracts

    The body of law concerned with private agreements, including capacity to contract, contract formation, interpretation, conditions, excuse of performance, and remedies for breach, is the focus of this course. Attention is given to the Uniform Commercial Code and other relevant statutes as well as to principles of common law and equity.

  • Introduction to Moral and Political Philosophy

    This course will cover central topics in moral and political philosophy on the basis of readings from the seventeenth century to the present, including Hobbes, Locke, Hume, Rousseau, Kant, Wollstonecraft, Mill, Rawls, and Nagel. The course has three main focuses. The first is meta-ethics: questions of objectivity, moral psychology, and the rational basis of morality. The second focus is on the main substantive issues of moral theory: consequentialism versus deontology, and so on. The third is political theory. Here the main questions are: What are the conditions that a system of government must satisfy before its use of coercive power can be considered legitimate? and What are the conditions that a society must satisfy before it can be considered just? A theme throughout will be the connections among these three areas of focus.

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Publications

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Education

  • PhD (Philosophy), Columbia University, 1991
  • MPhil, Columbia University, 1990
  • LLB, Melbourne University, with honors, 1984
  • BA, Melbourne University, with honors, 1982

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