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-2015
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Book Review
Philosophical Foundations of the Law of Torts
Avihay Dorfman. “Philosophical Foundations of the Law of Torts.” In Notre Dame Philosophical Reviews, (January 1, 2015). View online.
year-2014
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Article
Foreseeability as Re-Cognition
Avihay Dorfman. “Foreseeability as Re-Cognition.” In 59 American Journal of Jurisprudence, Page 163 (September 30, 2014). View online. -
Article
The Fault of Trespass
Avihay Dorfman, Assaf Jacob. “The Fault of Trespass.” In 65 University of Toronto Law Journal, Page 48 (August 7, 2014). View online.
year-2013
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Article
Private Ownership and the Standing to Say So
Avihay Dorfman. “Private Ownership and the Standing to Say So.” In 64 University of Toronto Law Journal, Page 402 (September 6, 2013). View online. -
Article
On Trust and Transubstantiation: Mitigating the Excesses of Ownership
Avihay Dorfman. “On Trust and Transubstantiation: Mitigating the Excesses of Ownership.” In 1 The Philosophical Foundations of Fiduciary Law, Page 339 (September 2, 2013). View online. -
Article
Assumption of Risk, After All
Avihay Dorfman. “Assumption of Risk, After All.” In 15 Theoretical Inquiries In Law, Page 293 (July 31, 2013). View online.
year-2012
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Article
The Case Against Privatization
Avihay Dorfman, Alon Harel. “The Case Against Privatization.” In 41 Philosophy & Public Affairs, Page 67 (November 15, 2012). View online. -
Article
The Normativity of the Private Ownership Form
Avihay Dorfman. “The Normativity of the Private Ownership Form.” In 75 Modern Law Review, Page 981 (November 1, 2012). View online. -
Article
Freedom From Religion
Avihay Dorfman, Hanoch Dagan. “Freedom From Religion.” In The Role of Religion in Human Rights Discourse, (July 31, 2012). View online. -
Article
The Society of Property
Avihay Dorfman. “The Society of Property.” In 62 University of Toronto Law Journal, Page 563 (January 1, 2012). View online.
year-2011
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Article
Reasonable Care: Equality as Objectivity
Avihay Dorfman. “Reasonable Care: Equality as Objectivity.” In 31 Law & Philosophy, Page 369 (October 18, 2011).
year-2010
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Book Review
Humane Consequentialism: A Critical Note on Eyal Zamir & Barak Medina, Law, Economics, and Morality
Avihay Dorfman. “Humane Consequentialism: A Critical Note on Eyal Zamir & Barak Medina, Law, Economics, and Morality.” In 3 Jerusalem Rev. Legal Stud., Page 54 (October 1, 2010). View online. -
Article
Property and Collective Undertaking: The Principle of Numerus Clausus
Avihay Dorfman. “Property and Collective Undertaking: The Principle of Numerus Clausus.” In 61 University of Toronto Law Journal, Page 467 (August 18, 2010). -
Article
Copyright as Tort
Avihay Dorfman, Assaf Jacob. “Copyright as Tort.” In 12 Theoretical Inquiries In Law, Page 59 (May 3, 2010). View online. -
Article
Can Tort Law Be Moral?
Avihay Dorfman. “Can Tort Law Be Moral?.” In 23.2 Ratio Juris, Page 205 (April 11, 2010). View online. -
Article
Freedom of Religion
Avihay Dorfman. “Freedom of Religion.” In 21 Canadian Journal of Law & Jurispendence, Page 279 (January 28, 2010). View online. -
Article
What is the Point of the Tort Remedy?
Avihay Dorfman. “What is the Point of the Tort Remedy?.” In 55 American Journal of Jurisprudence, Page 105 (January 25, 2010). View online. -
Article
Private Ownership
spring 2027
- Property
- SMNR: Private Law