David Lyons
Education
Cooper Union School of Engineering
(three years, no degree)Brooklyn College, City University of New York
B.A. 1960Harvard University
M.A. 1963, Ph.D. 1963Oxford University
1963‑64
Principal Academic Appointments
Cornell University, Sage School of Philosophy
Assistant Professor, 1964‑67; Associate Professor, 1967‑71
Professor, 1971-1990; Department Chairman, 1978‑84
Susan Linn Sage Professor, 1990-95; Emeritus, since 1995Cornell University, Law School
Professor of Law, 1979-95
Emeritus, since 1995Boston University, School of Law
Professor, since 1995
Law Alumni Scholar, since 2001College of Arts and Sciences
Professor of Philosophy, since 1998
Principal Postdoctoral Awards
Knox Traveling Fellowship, 1963‑64
Guggenheim Foundation Fellowship, 1970‑71
Society for the Humanities Fellowship, 1972‑73
Clark Distinguished Teaching Award, 1976
National Endowment for the Humanities Fellowship, 1977‑78
Distinguished Alumnus Award (Brooklyn College), 1980
NEH Constitutional Fellowship, 1984‑85
National Endowment for the Humanities Fellowship, 1993-94
Continuing Education
Director, NEH Summer Seminars for Lawyers and Judges, 1977, 1979;
for Law Teachers, 1982
Faculty, Summer Seminar for Faculty, Program on Ethics and Public Life, 1986-88
Faculty, California Continuing Judicial Studies Program, 1983-91
Principal Nonacademic Positions
Machinist, 1954‑56 Engineering draftsman and designer, 1956‑58
Publications
Ethics and the Rule of Law (1984), Chinese edition (forthcoming).
“The Legal Entrenchment of Illegality,” in The Legacy of H.L.A. Hart, M. Kramer, et al., eds, Oxford University Press (forthcoming).
“From Politics to Philosophy,” in Legal Philosophy - 5 Questions 153, M.E.J. Nielsen, ed., Automatic Press/VIP (2007).
“Racial Injustices in US History and Their Legacy,” in Redress for Historical Injustices in the United States; On Reparations for Slavery, Jim Crow, and Their Legacies 33, M.T. Martin and M. Yaquinto, eds., Duke University Press (2007).
Review of Classical Utilitarianism from Hume to Mill by Frederick Rosen, 18 Utilitas 173 (2006).
“Rights and Recognition,” 32 Social Theory and Practice 1 (2006).
“Legal and Moral Rights,” IVR Encyclopaedia of Jurisprudence, Legal Theory, and Philosophy of Law, at http://www.ivr-enc.info/en/article.php?id=125 (2005).
“Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow,” 84 Boston University Law Review 1375 (2004).
“Reparations and Equal Opportunity,” 24 Boston College Third World Law Journal 177 (2004).
“Unfinished Business: Racial Junctures in U.S. History and Their Legacy,” in Historical Justice, Lukas H. Meyer, ed. (2003).
“Osad Moralny a Teoria Prawa (Moral Judgment and Legal Theory),” 1 Ius et Lex 63 (2002).
Etika I Rzady Prawa, Dom Wydawniczy ABC, Warsaw, (2000) translation of Ethics and the Rule of Law, Cambridge University Press (1984).
“Moral Judgment and Legal Theory,” Boston University School of Law Working Paper Series 00-11 (December 8, 2000).
“The Moral Opacity of Utilitarianism,” in Morality, Rules, and Consequences, A Critical Reader 105, ed. by B. Hooker, E. Mason, and D.E. Miller, Edinburgh University Press (2000).
"Hart, H.L.A.," in Robert Audi, The Cambridge Dictionary of Philosophy 2d ed., Cambridge University Press (1999).
"Open Texture and the Possibility of Legal Interpretation," 18 Law and Philosophy 297 (1999).
"Original Intent and Legal Interpretation," 24 Australian Journal of Legal Philosophy 1 (1999).
"Moral Judgment, Historical Reality, and Civil Disobedience," 27 Philosophy and Public Affairs 31 (1998).
Mill's Utilitarianism: Critical Essays, Lanham, Md. : Rowman & Littlefield (1997).
"Utilitarianism," in The Blackwell Encyclopedic Dictionary of Business Ethics (Patricia H.Werhane & R. Edward Freeman, eds.) Cambridge, MA : Blackwell Business (1997).
"Civil Disobedience," in Philosophy of Education: An Encyclopedia, ed. J.J. Chambliss (New York: Garland Publishing Company).
"Review of Political Liberalism by John Rawls," 12 Economics and Philosophy 221.
"Utilitarianism," in Philosophy of Education: An Encyclopedia, ed. J.J. Chambliss (New York: Garland Publishing Company).
"Political Responsibility and Resistance to Civil Government," Philosophical Exchange 5.
"The Concept of Law (Second Edition) by H.L.A. Hart," 111 Law Quarterly Review 519.
"Philosophical Anarchism and Political Disobedience by Chaim Gans," 103 Philosophical Review 734.
"Radical Resisters," 21 Cornell Law Forum 3.
Rights, Welfare, and Mill's Moral Theory (New York: Oxford University Press).
"The Balance of Injustice and the War for Independence," 45 Monthly Review 17-26, 38-40.
"Critical Analysis and Constructive Interpretation," in Moral Aspects of Legal Theory (New York: Cambridge University Press), pp. 202-17.
Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility (New York: Cambridge University Press).
"Normal Law, Nearly Just Societies, and Other Myths of Legal Theory," in 55 Archiv fur Rechts - und Sozialphilosophie 13.
"Rights Revisited," in Social Philosophy Today, Number 8: The Bill of Rights: Bicentennial Reflections, ed. Yeager Hudson and Creighton Peder (Lewiston, NY: Edwin Mellen Press) 21.
Spanish edition: Aspectos Morales de la Teoria del Derecho: Ensayos sobre la ley, la justicia y la responsabilidad politica. (Barcelona: Editorial Gedisa, 1998).
"Bentham, Utilitarianism, and Distribution," review of Utilitarianism and Distributive Justice: Bentham and the Civil Law by P.J. Kelly, 4 Utilitas 323.
"Utilitarianism," in Encyclopedia of Ethics, ed. L. Becker (New York: Garland Publishing Company), Vol. I, pp. 1261-8.
In the Interest of the Governed, Revised Edition (Oxford: Clarendon Press).
"Basic Rights and Constitutional Interpretation," 16 Social Theory and Practice 337.
"Red, White, and Blue: A Critical Analysis of Constitutional Law by Mark Tushnet," 34 New York Law School Law Review 727.
"Rethinking 'Original Intent'," Cornell Law Forum, November.
"A Preface to Constitutional Theory," 15 Northern Kentucky Law Review 459."Ambiguity, Incoherence, and Evaluation in Constitutional Theory," Philosophical Exchange 5.
"Bentham by Ross Harrison," 85 Journal of Philosophy 154.
"Reconstructing Legal Theory," review of Law's Empire by Ronald Dworkin, 16 Philosophy & Public Affairs 379.
"Soper's Moral Conception of Law," review of A Theory of Law by Philip Soper, 98 Ethics 158.
"Substance, Process and Outcome in Constitutional Theory," 72 Cornell Law Review 745.
"Constitutional Interpretation and Original Meaning," 4 Social Philosophy & Policy 75.
"The Connection Between Law and Morality: Comments on Dworkin," 36 Journal of Legal Education 485-7.
"The Normativity of Law," in Issues in Contemporary Legal Philosophy: The Influence of H.L.A.Hart, ed.R.Gavison (Oxford: Clarendon Press, 1986), pp. 114-26.
"Formal Justice and Judicial Precedent," 38 Vanderbilt Law Review 495.
"Derivability, Defensibility, and the Justification of Judicial Decisions," 68 The Monist 325.
"Justification and Easy Cases," Archiv fur Rechts - und Sozialphilosophie, Supplementary Volume 25, 162-7.
"The Rejection of Consequentialism by Samuel Scheffler," 95 Ethics 936.
"Utilitarianism," in The Social Science Encyclopedia, ed.A.Kuper and J.Kuper (London: Routledge & Kegan Paul), pp.877-8.
"Essays in Jurisprudence and Philosophy by H.L.A.Hart," Times Literary Supplement (May 18, 1984), pp.539-40.
Ethics and the Rule of Law, Cambridge University Press (1984). Portuguese edition: As Regras Morais e a Ética, Sao Paulo: Editora Papirus (1990). Spanish edition: Ética y Derecho, Barcelona: Editorial Ariel (1986).
"Formal Justice, Moral Commitment, and Judicial Precedent," 81 Journal of Philosophy 580.
"Founders and Foundations of Legal Positivism," review of Essays on Bentham by H.L.A.Hart, and John Austin by W.L.Morison, 82 Michigan Law Review 1301.
H.L.A.Hart by Neil MacCormick," 93 Philosophical Review 112.
"Justification and Judicial Responsibility," 38 California Law Review 301.
"The Limits of Obligation by James Fishkin," 94 Ethics 327.
"Review of H.L.A.Hart by Neil MacCormick," 68 Cornell Law Review 257.
"Benevolence and Justice in Mill," in The Limits of Utilitarianism, ed.H.Miller and W.H.Williams (Minneapolis: University of Minnesota Press, 1982), pp.42-70.
"Moral Aspects of Legal Theory," 7 Midwest Studies in Philosophy 223.
"The Authority of Law by Joseph Raz," 91 Philosophical Review 461.
"Utility and Rights," in Nomos 24: Ethics, Economics, and the Law, ed.J.R.Pennock and J.W.Chapman (New York: New York University Press, 1982), pp.107-38.
"Legal Formalism and Instrumentalism -- A Pathological Study," 66 Cornell Law Review 949.
"Need, Necessity, and Political Obligation," 67 Virginia Law Review 63.
"Utility as a Possible Ground of Rights," 14 Nôus 17.
"Liberty and Harm to Others," in New Essays on John Stuart Mill and Utilitarianism, ed.W.E.Cooper, K.Nielsen, and S.C.Patten, Canadian Journal of Philosophy Supplementary Volume 5 (1979), pp.1-19.
Rights, edited, with an Introduction (Belmont, CA: Wadsworth Publishing Company (1979).
"Apology for Rights," Cornell Review, #3, 24.
"Rights, Utility, and Racial Discrimination," in Philosophical Law, ed.R.Bronaugh (Westport, Conn.: Greenwood Press, 1978), pp.74-83.
"Mill's Theory of Justice," in Values and Morals: Essays in Honor of William Frankena, Charles Stevenson, and Richard Brandt, ed.A.I.Goldman and J.Kim (Dordrecht: Reidel, 1978), pp.1-20.
"Human Rights and the General Welfare," 6 Philosophy & Public Affairs 113.
"Principles, Positivism, and Legal Theory," review of Taking Rights Seriously by Ronald Dworkin, 87 Yale Law Journal 415.
"The New Indian Claims and Original Rights to Land," 4 Social Theory and Practice 249.
"Ethical Relativism and the Problem of Incoherence," 86 Ethics 107.
"Mill's Theory of Morality," 10 Nôus 101.
"Rights Against Humanity," review of Anarchy, State, and Utopia by Robert Nozick, 85 Philosophical Review 208.
"On Justifying Enforced Requirements: A Reply to Baier," 9 Journal of Value Inquiry 42.
"The Nature and Soundness of the Contract and Coherence Arguments," in Reading Rawls, ed.N.Daniels (New York: Basic Books, 1975), pp.141-67.
"The Nature of the Contract Argument," 59 Cornell Law Review 1064.1975
In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law (Oxford: Clarendon Press).
"On Formal Justice," 58 Cornell Law Review 833.
"Logic and Coercion in Bentham's Theory of Law," 57 Cornell Law Review 335.
"On Reading Bentham," review of An Introduction to the Principles of Morals and Legislation, ed.J.H.Burns and H.L.A.Hart, and Of Laws in General, ed.H.L.A.Hart, 47 Philosophy 74-9.
"Rawls versus Utilitarianism," 69 Journal of Philosophy 535.
"Was Bentham a Utilitarian?", in Reason and Reality, ed.G.N.A.Vesey, Royal Institute of Philosophy Lectures, Vol.5, 1970-71 (London: Macmillan, 1972), pp.196-221.
"The Correlativity of Rights and Duties," 4 Nôus 45.
"The Internal Morality of Law," 71 Proceedings of the Aristotelian Society 105.
"Distributive Justice by Nicholas Rescher," 78 Philosophical Review 265.
"On Sanctioning Excuses," 66 Journal of Philosophy 646.
"Rights, Claimants, and Beneficiaries," 6 American Philosophical Quarterly 173.
Forms and Limits of Utilitarianism (Oxford: Clarendon Press).
"Baier's Test for Practical Rules Re-Examined," 14 Philosophical Studies 18.