Daniel Markovits

Guido Calabresi Professor of Law

Daniel Markovits is Guido Calabresi Professor of Law at Yale Law School. He works in the philosophical foundations of private law, moral and political philosophy, and behavioral economics.


Contact Information

Faculty Assistant

Patricia Milardo

Education & Curriculum Vitae

J.D., Yale Law School, 2000

B.Phil./D.Phil. (Philosophy), University of Oxford, 1994/1999

M.Sc (Econometrics and Mathematical Economics), London School of Economics, 1992

B.A. (Mathematics), Yale University, 1991

Courses Taught

  • Contracts
  • Advanced Contracts
  • Federal Income Taxation
  • Law and Globalization
  • The Theory & History of Toleration
  • Meritocracy and Inequality
  • Seminar in Private Law

Daniel Markovits is Guido Calabresi Professor of Law at Yale Law School. He works in the philosophical foundations of private law, moral and political philosophy, and behavioral economics. He has written articles on contract, legal ethics, distributive justice, democratic theory, and other-regarding preferences. Professor Markovits concentrates, in each area, on the ways in which legal orderings engage the human instinct in favor of sociality to sustain cooperation even among persons who pursue conflicting interests and endorse competing moral ideals. He finds respectful relations in surprising places, for example in contracts between self-interested buyers and sellers, litigation between adversary disputants, and political competition between partisan parties. In each case, Markovits argues, seemingly competitive interactions contain, in their immanent logic, forms of reciprocal recognition and respect. After earning a B.A. in Mathematics, summa cum laude from Yale University, Markovits received a British Marshall Scholarship to study in England, where he was awarded an M.Sc. in Econometrics and Mathematical Economics from the L.S.E. and a B.Phil. and D.Phil. in Philosophy from the University of Oxford. Markovits then returned to Yale to study law and, after clerking for the Honorable Guido Calabresi, joined the faculty at Yale.



CONTRACT LAW AND LEGAL METHODS (Foundation Press) (2012)




How Much Redistribution Should There Be?, 112 YALE LAW JOURNAL 2291 (2003)

Legal Ethics from the Lawyer’s Point of View, 15 YALE JOURNAL OF LAW & THE HUMANITIES 209 (2004)

Contract and Collaboration, 113 YALE LAW JOURNAL 1417 (2004)

La Paradoja de la Violencia in LA VIOLENCIA:  Seminario en Latinoamerica de Teoria Constitucioinal y Politica 2003 (2004)

The No Retraction Principle and the Morality of Negotiations, 152 UNIVERSITY OF PENNSYLVANIA LAW REVIEW 1903 (2004)

Further Thoughts About Legal Ethics from the Lawyer’s Point of View, 16 YALE JOURNAL OF LAW & THE HUMANITIES 85 (2004)

Quarantines and Distributive Justice, 33 JOURNAL OF LAW MEDICINE & ETHICS 323 (2005)

Democratic Disobedience, 114 YALE LAW JOURNAL 1897 (2005)

Adversary Advocacy and the Authority of Adjudication, 75 FORDHAM L. REV. 1367 (2006) (symposium on the internal point of view in jurisprudence and legal ethics)

Making and Keeping Contracts, 92 VIRGINIA L. REV. 1325 (2006) (symposium on contemporary political philosophy and private law)

Three Thoughts Concerning “Just Linkage, 39 CORNELL INT’L L. J 655 (2006) (symposium on Global Justice:  Poverty, Human Rights, and Responsibilities)

Comment:  An Inexorable Trend?, PODER EXECUTIVO:  Seminario en Latinoamerica de Teoria Constitucioinal y Politica 2006 (forthcoming 2007)

In Praise of the Supporting Cast, 116 YALE L.J. POCKET PART 272 (2007)

Individual Preferences for Giving (with Raymond Fisman and Shachar Kariv), 97 AMERICAN ECONOMIC REVIEW 1858 (2007)

Luck Egalitarianism and Political Solidarity, 9 THEORETICAL INQUIRIES IN LAW 271 (2008) (symposium issue on Moral and Legal Luck)

The Architecture of Integrity, in READING BERNARD WILLIAMS (Routledge) (2009)

Promise as an Arm’s Length Relation, in PROMISES AND AGREEMENTS: PHILOSOPHICAL ESSAYS (Oxford) (2010)

Arbitration's Arbitrage: Social Solidarity at the Nexus of Adjudication and Contract, 59 DEPAUL L. REV. 431 (2010) (Clifford Symposium on Social Justice)

How (and How Not) to do Legal Ethics, 23 GEORGETOWN JOURNAL OF LEGAL ETHICS 1041 (2010)

Three Issues in Legal Ethics, 60 UNIVERSITY OF TORONTO LAW REVIEW 1003 (2010)

Legal Ethics Rebound, 12 LEGAL ETHICS 261 (2010)

Not Morality at All, and Certainly Not Morality as Regulative Ideal, 13 LEGAL ETHICS (2010) (Forum on Philosophical Legal Ethics: Ethics, Morals, and Jurisprudence from the panel on jurisprudence of legal ethics at the fourth International Legal Ethics Congress)

Book Review of Max Bazerman and Ann Tenbrunsel, Blind Spots: Why We Fail to Do What’s Right and What to Do About It, 69 J. ECON. LIT. 52 (2011)

The Myth of Efficient Breach: New Defenses of the Expectation Interest, 97 VIRGINIA LAW REVIEW 1939 (2011) (with Alan Schwartz)

The Expectation Remedy and the Promissory Basis of Contract, 45 SUFFOLK LAW REVIEW 799 (2012) (symposium in honor of the 30th anniversary of the publication of Contract as Promise) (with Alan Schwartz)

The Expectation Remedy Revisited, 98 VIRGINIA LAW REVIEW 1093 (2012) (with Alan Schwartz)

A Problem Concerning Proportional Representation: Constitutional Politics and the Crisis of Democratic Legitimacy, EUI Working Paper 2012/55 (2012).

Lawyerly Fidelity in Sanford Levinson, Paul Woodruff, and Joel Parker, eds. LOYALTY:  NOMOS LIV (2012)

What are Lawyers For?, 47 AKRON L. REV. 135 (2014) (keynote speech at Miller-Becker Ethics Symposium)

The Distributional Preferences of an Elite (with Raymond Fisman and Shachar Kariv) (working paper)

Good Faith as Contract’s Core Value in THE PHILOSOPHICAL FOUNDATIONS OF CONTRACT LAW (OUP 2014) (forthcoming)

Sharing Ex Ante and Sharing Ex Post: The Non-Contractual Basis of Fiduciary Relations in THE PHILOSOPHICAL FOUNDATIONS OF FIDUCIARY LAW (OUP 2014) (forthcoming)

Authority, Recognition, and the Grounds of Promise, JURISPRUDENCE: AN INTERNATIONAL JOURNAL OF LEGAL AND POLITICAL THOUGHT, 6:2, 349-356 (2015) (symposium on David Owens, SHAPING THE NORMATIVE LANDSCAPE)

Contract (working paper for Stanford Encyclopedia of Philosophy)

Market Solidarity Part 1: The Classical Ideal (working paper)

Market Solidarity Part II: Solidarity in an Age of Mass Contracts (working paper)

Promise Made Pure (working paper)

Efficient Breach (working paper for OUP Encyclopedia of Law and Economics)

A New Theory of the Firm (working paper)

Contract (working paper for Cambridge Encyclopedia of the Philosophy of Law)