Avihay Dorfman
- "The Friends of Joe Jamail" Regents Chair in Law
- Professor
Dorfman is a Professor of Law and the founding Academic Director of the Private Law Theory Program at the University of Texas at Austin. He writes on major questions in private law theory and doctrine, as well as on the morality of public ordering. His work examines issues such as substantive equality in private law, private responsibility, the wrongfulness of discrimination, the moral limits of privatization, public ownership, and the legitimacy of law’s political authority. Across these topics, he explores how law constructs valuable forms of interaction between—and among—individuals, focusing on its non-contingent normative implications.
Dorfman is a Professor of Law and the founding Academic Director of the Private Law Theory Program at the University of Texas at Austin. His work examines the theoretical foundations of law, particularly its claims to justice and to legitimacy. He has written on fundamental questions in private law theory and doctrine, as well as on the morality of public ordering. His research addresses issues such as the demands of substantive equality in private law, the value of private ordering, the wrongfulness of discrimination, the moral limits of privatization, public ownership, and the legitimacy of political authority. Across these topics, Dorfman highlights the non-instrumental values that underpin key legal and political institutions. He explores how law constructs valuable forms of interaction between—and among—individuals, focusing on its non-contingent normative implications.
Dorfman is currently working on a tort theory book titled Conflict between Equals: Tort Law for a Liberal Society (Oxford University Press, forthcoming 2026). He is also the co-author, most recently, of Relational Justice: A Theory of Private Law (Oxford University Press 2024), with Hanoch Dagan, and Reclaiming the Public (Cambridge University Press 2024), with Alon Harel.
His scholarship has also appeared in leading journals such as Philosophy & Public Affairs, Columbia Law Review, Oxford Journal of Legal Studies, University of Toronto Law Journal, Legal Theory, Law & Philosophy, Notre Dame Law Review, Theoretical Inquiries in Law, American Journal of Jurisprudence, Modern Law Review, among others. His work has been selected for presentation at the Harvard/Stanford/Yale Junior Faculty Forum and at the International Junior Faculty Forum.
Dorfman holds a J.S.D. and LL.M. from Yale Law School and LL.B. and B.A. (economics) from Haifa University. He clerked for The Honorable Aharon Barak, then Chief Justice of the Supreme Court of Israel, and served as a legal adviser to (then) Justice Esther Hayut of the Supreme Court of Israel. Dorfman has been a visiting professor at Harvard Law School and Cornell Law School. Before Joining the University of Texas at Austin, he was a Professor of Law at Tel Aviv University.
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year-2025
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Article
The Powers of Discrimination
Avihay Dorfman, Hanoch Dagan. “The Powers of Discrimination.” (July 29, 2025). View online. -
Article
Constitutionalism and Majoritarianism Reconciled
Avihay Dorfman, Alon Harel. “Constitutionalism and Majoritarianism Reconciled.” (July 7, 2025). View online. -
Article
Property and the Sources of Inequality
Avihay Dorfman. “Property and the Sources of Inequality.” (June 16, 2025). View online. -
Article
Choosing and Having to be Loyal
Avihay Dorfman. “Choosing and Having to be Loyal.” (June 16, 2025). View online. -
Article
It’s (not all) Personal: Civil Litigation and the Values of Rights of Action
Avihay Dorfman, Hanoch Dagan, Issi Rosen-Zvi. “It’s (not all) Personal: Civil Litigation and the Values of Rights of Action.” (January 21, 2025). View online.
year-2024
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Article
Tort Theory
Avihay Dorfman. “Tort Theory.” (November 7, 2024). View online. -
Book
Relational Justice: A Theory of Private Law
Avihay Dorfman, Hanoch Dagan. Relational Justice: A Theory of Private Law ( Oxford University Press, June 21, 2024). View online. -
Book
Reclaiming the Public
Avihay Dorfman, Alon Harel. Reclaiming the Public ( Cambridge University Press, February 9, 2024). View online.
year-2023
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Article
The Necessity of Institutional Pluralism
Avihay Dorfman, Alon Harel. “The Necessity of Institutional Pluralism.” In 43 Oxford Journal of Legal Studies, Page 753 (Winter 2023). View online. -
Article
The Tort of Discrimination
Avihay Dorfman, Hanoch Dagan. “The Tort of Discrimination.” In 16.2 Journal of Tort Law, Page 393 (July 6, 2023). View online. -
Article
Public Ownership
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Article
Public Nuisance for Private Persons
Avihay Dorfman, Hanoch Dagan. “Public Nuisance for Private Persons.” In 74 University of Toronto Law Journal, Page 198 (February 5, 2023). View online.
year-2022
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Article
The Work of Tort Law: Why Non-Consensual Access to the Workplace Matters?
Avihay Dorfman. “The Work of Tort Law: Why Non-Consensual Access to the Workplace Matters?.” In 24 Theoretical Inquiries In Law, Page 74 (June 19, 2022). View online. -
Article
Poverty and Private Law
Avihay Dorfman, Hanoch Dagan. “Poverty and Private Law.” In 68 American Journal of Jurisprudence, Page 229 (April 21, 2022). View online. -
Article
Whose Loss is it? Justice and Disability in Torts
Avihay Dorfman, Aharon Barak. “Whose Loss is it? Justice and Disability in Torts.” In Justice Rivlinfestschrift, (February 1, 2022). View online.
year-2021
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Book
The Cambridge Handbook of Privatization
Avihay Dorfman. The Cambridge Handbook of Privatization ( Cambridge University Press, September 16, 2021). View online. -
Article
Justice in Contracts
Avihay Dorfman, Hanoch Dagan. “Justice in Contracts.” In 67 American Journal of Jurisprudence, Page 1 (May 17, 2021). View online. -
Article
When, and How, Does Property Matter?
Avihay Dorfman. “When, and How, Does Property Matter?.” In 72 University of Toronto Law Journal, Page 81 (March 26, 2021). View online. -
Article
Precontractual Justice
Avihay Dorfman, Hanoch Dagan. “Precontractual Justice.” In 28 Legal Theory, Page 89 (February 6, 2021). View online.
year-2020
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Article
Law as Standing
Avihay Dorfman, Alon Harel, John Gardner, Leslie Green, Brian Leiter. “Law as Standing.” In 4 Oxford Studies In The Philosophy Of Law, Page 93 (July 29, 2020).