Charles Fried

Beneficial Professor of Law

Biography

Educated at Princeton, Oxford and Columbia Law School, Charles Fried, the Beneficial Professor of Law, has been teaching at Harvard Law School since 1961. He was Solicitor General of the United States, 1985-89, and an Associate Justice of the Supreme Judicial Court of Massachusetts, 1995-99. His scholarly and teaching interests have been moved by the connection between normative theory and the concrete institutions of public and private law. During his career at Harvard he has taught Criminal Law, Commercial Law, Roman Law, Torts, Contracts, Labor Law, Constitutional Law and Federal Courts, Appellate and Supreme Court Advocacy. The author of many books and articles, his Anatomy of Values (1970), Right and Wrong (1978), and Modern Liberty (2006) develop themes in moral and political philosophy with applications to law. Contract as Promise (1980), Making Tort Law (2003, with David Rosenberg) and Saying What the Law Is: The Constitution in the Supreme Court (2004) are fundamental inquiries into broad legal institutions. Order & Law: Arguing the Reagan Revolution (1991) discusses major themes developed in Fried's time as Solicitor General. In recent years Fried has taught Constitutional Law and Contracts. During his time as a teacher he has also argued a number of major cases in state and federal courts, most notably Daubert v. Merrell Dow Pharmaceuticals, in which the Supreme Court established the standards for the use of expert and scientific evidence in federal courts.

Areas of Interest

Charles Fried, Contract As Promise: A Theory of Contractual Obligation (Oxford Univ. Press 2d ed. 2015).
Categories:
Consumer Finance
,
Banking & Finance
,
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Contracts
,
Consumer Contracts
,
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Abstract
"Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field." - Amazon
Charles Fried & Gregory Fried, Because It Is Wrong: Torture, Privacy and Presidential Power in the Age of Terror (W.W. Norton & Co. 2010).
Categories:
Government & Politics
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Criminal Law & Procedure
,
Disciplinary Perspectives & Law
,
Technology & Law
Sub-Categories:
Terrorism
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Legal Theory & Philosophy
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Executive Office
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Military, War, & Peace
,
Information Privacy & Security
Type: Book
Abstract
"Can torture ever be justified? When is eavesdropping acceptable? Should a kidnapper be waterboarded to reveal where his victim has been hidden? Ever since 9/11 there has been an intense debate about the government’s application of torture and the pervasive use of eavesdropping and data mining in order to thwart acts of terrorism. To create this seminal statement on torture and surveillance, Charles Fried and Gregory Fried have measured current controversies against the philosophies of Aristotle, Locke, Kant, and Machiavelli, and against the historic decisions, large and small, of Jefferson, Lincoln, and Pope Sixtus V, among many others. Because It Is Wrong not only discusses the behavior and justifications of Bush government officials but also examines more broadly what should be done when high officials have broken moral and legal norms in an attempt to protect us. This is a moral and philosophical meditation on some of the most urgent issues of our time. 6 black-and-white illustrations." - Amazon
Charles Fried, Modern Liberty: And the Limits of Government (W.W. Norton & Co. 2007).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Book
Abstract
In this impassioned defense of liberty, renowned Harvard law professor Charles Fried argues that the seemingly unimpeachable goals of equality and community are often the most potent rivals of freedom. Declared a “spirited, sophisticated manifesto” by the New York Times Book Review, Modern Liberty demonstrates how the dense tangle of government regulations both supports and threatens our personal liberties. Armed with Fried’s insights, readers will be better able to defend themselves against those on both the left and the right who would, even with the best intentions, restrict their liberty.
Charles Fried, Foreword, Election Law: Rights, Remedies, and Recent Cases, 39 Harv. J. L. & Pub. Pol'y 333 (2016).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
Type: Article
Charles Fried, Medical Experimentation: Personal Integrity and Social Policy (Franklin Miller & Alan Wertheimer eds., Oxford Univ. Press new ed. 2016).
Categories:
Legal Profession
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Health Care
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International, Foreign & Comparative Law
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Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
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Bioethics
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Health Law & Policy
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Human Rights Law
,
Legal Ethics
Type: Book
Abstract
"First published in 1974, Charles Fried's Medical Experimentation is a classic statement of the moral relationship between doctor and patient, as expressed within the concept of personal care. This concept is then tested in the context of medical experimentation and, more specifically, the randomized controlled trial (RCT). Regularly referred to as a point of departure for ethical and legal discussions of the RCT, the book has long been out of print. This new, second edition includes a general introduction by Franklin Miller and the late Alan Wertheimer, a reprint of the 1974 text, and an in-depth analysis by Harvard Law School scholars I. Glenn Cohen and D. James Greiner which discusses the extension of RTCTs to social science and public policy contexts. The volume concludes with a new essay by Charles Fried that reflects on the original text and how it applies to the contemporary landscape of medicine and medical experimentation." -- Back cover.
Charles Fried, A Conscience in Hell, New Rambler Rev., July 15, 2015 (reviewing Herlinde Pauer-Studer & J. David Velleman, Konrad Morgen: The Conscience of a Nazi Judge (2015)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Charles Fried, Frances Kamm, Frank I. Michelman, John C.P. Goldberg, Laurence H. Tribe, Martha Minow & Richard H. Fallon, In Memoriam: Ronald Dworkin, 127 Harv. L. Rev. 489 (2013).
Categories:
Government & Politics
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Legal Profession
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Constitutional Law
Sub-Categories:
Judges & Jurisprudence
,
Legal & Political Theory
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Biography & Tribute
Type: Article
Charles Fried, Opinion of Fried, J., Concurring in the Judgment, in Shakespeare and the Law: A Conversation Among Disciplines and Professions 156 (Bradin Cormack, Martha C. Nussbaum & Richard Strier eds., Univ. Chicago Press 2013).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Humanities
Type: Book
Abstract
"William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion"--Jacket.
Charles Fried, Original Intent, 16 Green Bag 2d 127 (2013).
Categories:
Property Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Arts & Entertainment Law
,
Trusts
Type: Article
Charles Fried, The Solicitor General's Office, Tradition, and Conviction, 81 Fordham L. Rev. 549 (2012).
Categories:
Government & Politics
Sub-Categories:
Congress & Legislation
,
Supreme Court of the United States
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Executive Office
Type: Article
Abstract
A symposium article discussing the Justice Department and Solicitor General's Department decision not to defend the Defense of Marriage Act (DOMA).
Charles Fried, Balls and Strikes, 61 Emory L.J. 4 (2012).
Categories:
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
Type: Article
Abstract
When the editors of the Emory Law Journal invited me to open this symposium on judging, they proposed that I reflect on the present Chief Justice’s widely debated statement of his conception of judging. John Roberts has been both praised and scorned for the metaphor he presented to the Senate Judiciary Committee at the hearing on his confirmation to be Chief Justice of the United States: “[I]t’s my job to call balls and strikes.” 1 It was an arresting use of language because, unlike so many metaphors that litter the discourse in and about the law—think of “sweeps too broadly” or “paints with a broad brush”—it is not so timeworn that, as George Orwell has noted, the original meaning has drained out of it and we are left only with a cliché, a ponderous way of saying something that could be said more directly. 2 No, here we catch a flash of a pitcher, a catcher, and standing behind him a distinctively shirted official, and a ball hurtling toward the batter’s head or far off, “wide of the mark”—another cliché, by the way. And just because the phrase is alive with resonance, it provokes—rather than deadens—thought.
Charles Fried, Contract as Promise Thirty Years On, 45 Suffolk U. L. Rev. 961 (2012).
Categories:
Civil Practice & Procedure
,
Disciplinary Perspectives & Law
,
Banking & Finance
Sub-Categories:
Contracts
,
Legal Theory & Philosophy
Type: Article
Abstract
At the time Contract as Promise was written, there were two views of the subject in the field: a traditional, doctrinal and not particularly theorized view that saw contract as the law’s way of allowing private parties to create and enforce the terms that would govern transactions and long-term undertakings, and a burgeoning literature that saw contract law as a tool of social control imposing obligations on parties growing in part, but only in part, from dealings into which they had voluntarily entered. This latter view saw contract law disappearing into tort law, which is quite frankly a means for adjusting—on grounds of perceived fairness, social utility or redistribution—relations between parties. The former was associated with an individualistic ethos friendly to capitalism and free markets, the latter with a more socializing, communitarian ethos. The signal works of this latter movement were Grant Gilmore’s The Death of Contract and Patrick Atiyah’s The Rise and Fall of Freedom of Contract. Atiyah nicely captured the time’s anti-individualist and anti-capitalist tone. . .
Charles Fried, The June Surprises: Balls, Strikes, and the Fog of War, 38 J. Health Pol. Pol'y & L. 225 (2012).
Categories:
Health Care
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Supreme Court of the United States
,
Health Law & Policy
Type: Article
Abstract
At first, few constitutional experts took seriously the argument that the Patient Protection and Affordable Care Act exceeded Congress's power under the commerce clause. The highly political opinions of two federal district judges — carefully chosen by challenging plaintiffs — of no particular distinction did not shake that confidence that the act was constitutional. This disdain for the challengers' arguments was only confirmed when the act was upheld by two highly respected conservative court of appeals judges in two separate circuits. But after the hostile, even mocking questioning of the government's advocate in the Supreme Court by the five Republican-appointed justices, the expectation was that the act would indeed be struck down on that ground. So it came as no surprise when the five opined the act did indeed exceed Congress's commerce clause power. But it came as a great surprise when Chief Justice John Roberts, joined by the four Democrat-appointed justices, ruled that the act could be sustained as an exercise of Congress's taxing power — a ground urged by the government almost as an afterthought. It was further surprising, even shocking, that Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito not only wrote a joint opinion on the commerce clause virtually identical to that of their chief, but that in writing it they did not refer to or even acknowledge his opinion. Finally surprising was the fact that Justices Ruth Bader Ginsburg and Stephen Breyer joined the chief in holding that aspects of the act's Medicaid expansion were unconstitutional. This essay ponders and tries to unravel some of these puzzles.
Charles Fried, Response, The Mind of Justice Scalia: Comments on The Court: A Talk with Judge Richard Posner, N.Y. Rev. Books, Oct. 27, 2011, at 85.
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
Type: Article
Charles Fried, Rebecca H. Gordon, Trevor Potter, Joseph E. Sandler & Ronald M. Levin, Report, Lobbying Law in the Spotlight: Challenges and Proposed Improvements, 63 Admin. L. Rev. 419 (2011).
Categories:
Government & Politics
,
Legal Profession
,
Constitutional Law
Sub-Categories:
First Amendment
,
Congress & Legislation
,
Government Transparency
,
Legal Reform
Type: Article
Abstract
Report of the Task Force on Federal Lobbying Laws section of Administrative Law and Regulatory Practice American Bar Association.
Charles Fried, Rebecca H. Gordon, Trevor Potter & Joseph E. Sandler, Lobbying Law in the Spotlight: Challenges and Proposed Improvements: Report of the Task Force on Federal Lobbying Laws, Section of Administrative Law and Regulatory Practice, American Bar Association, 63 Admin. L. Rev. 419 (2011).
Categories:
Government & Politics
Sub-Categories:
Administrative Law & Agencies
,
Elections & Voting
,
Politics & Political Theory
,
Executive Office
,
Corruption
,
Government Transparency
Type: Article
Charles Fried, Heaven: What Sense Can It Make to Say That Something is Absolutely Wrong, 59 UCLA L. Rev. 60 (2011).
Categories:
Legal Profession
,
International, Foreign & Comparative Law
Sub-Categories:
Human Rights Law
,
Legal Ethics
Type: Article
Abstract
Democratic legal systems and international human rights norms hold generally that torture can never be justified, however urgent the need. Many, but not all, thinkers about morality agree with this consensus. But the certainty breaks down in the face of catastrophic, “ticking bomb” hypotheticals, and lawyers and moralists retreat to arguments about the unreality of such hypotheticals and about the uncertainty as to whether torture is sufficiently likely to work to justify its use—all of which concedes that in principle torture is not always wrong. This Essay argues that it is always wrong—period. It then locates such an argument in a general moral landscape, showing how that and some other such absolutes are not as fanatic as they are made to appear. Rather, this argument is connected to a system of other moral concepts and commitments that we would be loath to unravel and does not depend on some supernatural guaranty that moral behavior will always have a happy outcome—in this world or the next: hence the title.
Charles Fried, On Judgment, 15 Lewis & Clark L. Rev. 1025 (2011).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
Type: Article
Abstract
The Supreme Court’s constitutional decisions have been a mixed blessing. Some of the Court’s most celebrated decisions have, in the long run, done more harm than good. Mapp v. Ohio, while it might have done a certain amount of good at the time, brought with it an automatic rule of exclusion that has grossly diverted attention from the guilt or innocence of the accused. Others, like Brown v. Board of Education and Lawrence v. Texas, were watershed moments in the development of American civil rights. But what made these decisions good or bad? My most important argument will be a negative one: it had nothing to do with the original intent of those who framed or ratified the constitutional provisions in question. The rise of originalism has brought with it an almost obsessive concern with history. Originalism seeks to substitute keenness of intellect for prudent judgment because the first is thought to be objective. The second is thought to be subjective, thereby subjecting us to the rule, not of laws, but of men. Yet the wise judge recognizes that the search for security and objectivity in history is a will-o’-the wisp. Wisdom, not historical rigor, is the touchstone of good judgment.
Charles Fried, Everyone's Dean, New Republic (Apr. 19, 2010).
Categories:
Legal Profession
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
,
Politics & Political Theory
,
Legal Education
,
Biography & Tribute
Type: Other
Charles Fried, The Convergence of Contract and Promise, 120 Harv. L. Rev. F. 1 (2009) (Responding to Seana Valentine Shiffrin, The Divergence of Contract and Promise, 120 Harv. L. Rev. 708 (2007)).
Categories:
Civil Practice & Procedure
,
Disciplinary Perspectives & Law
,
Banking & Finance
Sub-Categories:
Contracts
,
Legal Theory & Philosophy
Type: Article
Abstract
I agree with the general tenor and many of the details of Professor Seana Shiffrin’s lucid and closely reasoned account of the relation between standard contract doctrine and the morality of promising. In this brief Response, I take up two points with which I disagree. First, Professor Shiffrin argues that contract doctrine, by making expectation damages rather than specific performance the general or default remedy for breach, diverges from what the morality of promising requires. Second, she makes a similar argument about contract doctrine’s imposition of the burden of mitigating damages on the disappointed promisee. In respect to these two arguments she repeats what I think is a frequently made but mistaken argument in the economic literature on promising, which uses these very examples to claim that contract doctrine is not and should not be rooted in the morality of promising, but rather in the economics of efficiency. Professor Shiffrin does not argue for that conclusion. Rather, she would move contract doctrine into closer alignment with what she considers to be the requirements of the morality of promising. I begin with a general account, one with which I do not suppose Professor Shiffrin would fundamentally disagree, of what I mean by morality and the morality of promising. Every society of any size and complexity, and certainly any such society that seeks the advantages of modernity — such as specialization of functions, accomplishment of time-extended tasks, provision for the future, and accumulation and transmission of knowledge — requires rules to guide the conduct of individuals and to specify the institutions and mechanisms by which those rules are identified, interpreted, enforced, and changed. I think it is an affectation and a quibble to deny these rules the name of law. And to do their work, such systems of rules must display a significant degree of regularity, comprehensibility, and stability — what Professor Lon Fuller has called “the internal morality of law,” a sobriquet that distracts attention from the fact that such a system of rules may be compatible with, and do service to, regimes of very great cruelty, injustice, and oppression. Response To I begin with a general account, one with which I do not suppose Professor Shiffrin would fundamentally disagree, of what I mean by morality and the morality of promising. Every society of any size and complexity, and certainly any such society that seeks the advantages of modernity — such as specialization of functions, accomplishment of time-extended tasks, provision for the future, and accumulation and transmission of knowledge — requires rules to guide the conduct of individuals and to specify the institutions and mechanisms by which those rules are identified, interpreted, enforced, and changed. I think it is an affectation and a quibble to deny these rules the name of law. And to do their work, such systems of rules must display a significant degree of regularity, comprehensibility, and stability — what Professor Lon Fuller has called “the internal morality of law,” a sobriquet that distracts attention from the fact that such a system of rules may be compatible with, and do service to, regimes of very great cruelty, injustice, and oppression.
Charles Fried, The Nature and Importance of Liberty, 29 Harv. J.L. & Pub. Pol'y 3 (2005).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Political Theory
,
Legal & Political Theory
Type: Article
Charles Fried, Book Review, 2 Int'l J. Const. L. 723 (2004) (reviewing The British Constitution in the Twentieth Century (Vernon Bogdanor ed., 2003)).
Categories:
International, Foreign & Comparative Law
,
Constitutional Law
Sub-Categories:
Comparative Law
,
European Law
Type: Article
Charles Fried, Saying What the Law Is: The Constitution in the Supreme Court (Harvard Univ. Press 2004).
Categories:
Government & Politics
,
Property Law
,
Legal Profession
,
Disciplinary Perspectives & Law
,
Constitutional Law
Sub-Categories:
Religion
,
First Amendment
,
Fourteenth Amendment
,
Fifth Amendment
,
Law & Political Theory
,
Federalism
,
Supreme Court of the United States
,
Separation of Powers
,
Legal & Political Theory
,
Property Rights
Type: Book
Abstract
"In a few thousand words the Constitution sets up the government of the United States and proclaims the basic human and political rights of its people. From the interpretation and elaboration of those words in over 500 volumes of Supreme Court cases comes the constitutional law that structures our government and defines our individual relationship to that government. This book fills the need for an account of that law free from legal jargon and clear enough to inform the educated layperson, yet which does not condescend or slight critical nuance, so that its judgments and analyses will engage students, practitioners, judges, and scholars. Taking the reader up to and through such controversial recent Supreme Court decisions as the Texas sodomy case and the University of Michigan affirmative action case, Charles Fried sets out to make sense of the main topics of constitutional law: the nature of doctrine, federalism, separation of powers, freedom of expression, religion, liberty, and equality. Fried draws on his knowledge as a teacher and scholar, and on his unique experience as a practitioner before the Supreme Court, a former Associate Justice of the Supreme Judicial Court of Massachusetts, and Solicitor General of the United States to offer an evenhanded account not only of the substance of constitutional law, but of its texture and underlying themes. His book firmly draws the reader into the heart of today's constitutional battles. He understands what moves today's Court and that understanding illuminates his analyses." - Amazon
Charles Fried, A Meditation on the First Principles of Judicial Ethics, 32 Hofstra L. Rev. 1227 (2004).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Judges & Jurisprudence
,
Legal Ethics
Type: Article
Charles Fried & David Rosenberg, Making Tort Law: What Should Be Done and Who Should Do It (AEI Press 2003).
Categories:
Civil Practice & Procedure
,
Legal Profession
Sub-Categories:
Torts
,
Legal & Political Theory
Type: Book
Abstract
In Making Tort Law: What Should Be Done and Who Should Do It, Harvard law professors Charles Fried and David Rosenberg note that the system of tort liability in the United States seeks to achieve a variety of aims: to compensate individuals injured by the risky business activities of large entities; to create incentives for those entities to take into account the dangers of their activities in the design of their processes, products, and services; and to allow individuals who feel powerless to make their grievances felt against large, impersonal, and sometimes unresponsive organizations. The authors contend, however, that our current tort system is almost certainly not the best possible way to achieve those goals. At best, they claim, compensation represents an uncertain, delayed, and expensive form of insurance. In addition, the disciplining effect on business is haphazard. Fried and Rosenberg assess the comparative advantages of courts and legislatures in taking the initiative of changing tort law to further the social objective of optimally managing accident risk. They conclude that the nature of the change involved–particularly the function that the change would serve and the means that would work best–strongly suggests that the legislature should play the major role in designing tort reform. And they contend that automobile and other nonbusiness-related accidents should be eliminated from the tort system.
Charles Fried, Five to Four: Reflections on the School Voucher Case, 116 Harv. L. Rev. 163 (2002).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Religion
,
First Amendment
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Charles Fried, An Unreasonable Reaction to a Reasonable Decision, in Bush v. Gore: The Question of Legitimacy 3 (Bruce Ackerman ed., 2002).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
,
Executive Office
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Book
Walter Berns, Judith A. Best & Charles Fried, Should the Current Electoral College System be Preserved?, 80 Cong. Dig. 16 (2001).
Categories:
Government & Politics
Sub-Categories:
Elections & Voting
Type: Article
Charles Fried & David Rosenberg, Redressing Harm: Who Decides?, 31 Seton Hall L. Rev. 625 (2001).
Categories:
Civil Practice & Procedure
,
Government & Politics
Sub-Categories:
Torts
,
State & Local Government
,
Courts
Type: Article
Charles Fried, Perfect Freedom or Perfect Control, 114 Harv. L. Rev. 606 (2000) (reviewing Lawrence Lessig, Code, and Other Laws of Cyberspace (1999)).
Categories:
Technology & Law
Sub-Categories:
Communications Law
,
Cyberlaw
,
Information Commons
,
Intellectual Property Law
,
Networked Society
,
Information Privacy & Security
Type: Article
Charles Fried, "Revitalizing Democracy": Some Caveats, 24 Harv. J.L. & Pub. Pol'y 155 (2000).
Categories:
Government & Politics
Sub-Categories:
Politics & Political Theory
Type: Article
Charles Fried, Markets, Law, and Democracy, 11 J. Democracy 5 (2000).
Categories:
Government & Politics
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Economics
,
Judges & Jurisprudence
,
Politics & Political Theory
Type: Article
Abstract
The experience of "bandit capitalism" or "tyrant capitalism" in postcommunist societies shows that markets cannot work properly without a community of trust and mutual respect. Such a community can be achieved only where there is a rule of law, applied by able and independent judges.
Charles Fried, Scholars and Judges: Reason and Power, 23 Harv. J.L. & Pub. Pol'y 807 (2000).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Judges & Jurisprudence
Type: Article
Charles Fried, Comment: Constitutionalism, Privitization, and Globalization, 21 Cardozo L. Rev. 1091 (2000).
Categories:
Constitutional Law
,
Government & Politics
,
International, Foreign & Comparative Law
Sub-Categories:
Politics & Political Theory
,
International Law
Type: Article
Charles Fried, Uneasy Preferences: Affirmative Action in Retrospect, Am. Prospect, Sept./Oct. 1999, at 50.
Categories:
Discrimination & Civil Rights
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Supreme Court of the United States
,
Politics & Political Theory
,
Judges & Jurisprudence
Type: Article
Abstract
At a basic level, Americans want a society where race does not loom large. The political debate over affirmative action and the dangers of rolling back affirmative action in the courts are discussed.
Charles Fried, Philosophy Matters, 111 Harv. L. Rev. 1739 (1998).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Charles Fried, Perfect Freedom, Perfect Justice, 78 B.U. L. Rev. 717 (1998).
Categories:
Legal Profession
,
Constitutional Law
Sub-Categories:
First Amendment
,
Biography & Tribute
,
Legal & Political Theory
Type: Article
Charles Fried, Reflections on Crime and Punishment, 30 Suffolk U. L. Rev. 681 (1997).
Categories:
Criminal Law & Procedure
Sub-Categories:
Prison Law & Prisoners' Rights
,
Sentencing & Punishment
,
Criminal Prosecution
,
Criminal Justice & Law Enforcement
Type: Article
Charles Fried, Types, 14 Const. Comment. 55 (1997).
Categories:
Constitutional Law
,
Government & Politics
Type: Article
Charles Fried, The Supreme Court 1994 Term Foreword: Revolutions?, 109 Harv. L. Rev. 13 (1995).
Categories:
Government & Politics
,
Constitutional Law
Sub-Categories:
Constitutional History
,
Judges & Jurisprudence
,
Supreme Court of the United States
Type: Article
Charles Fried, Commentary: Constitutional Doctrine, 107 Harv. L. Rev. 1140 (1994).
Categories:
Constitutional Law
,
Government & Politics
,
Disciplinary Perspectives & Law
Sub-Categories:
First Amendment
,
Legal Theory & Philosophy
,
Judges & Jurisprudence
,
Supreme Court of the United States
Type: Article
Charles Fried, Reply to Lawson, 17 Harv. J.L. & Pub. Pol'y 35 (1994).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Charles Fried, A Tribute to Byron R. White, 107 Harv. L. Rev. 20 (1993).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Biography & Tribute
Type: Article
Charles Fried, Manners Makyth Man: The Prose Style of Justice Scalia, 16 Harv. J.L. & Pub. Pol'y 529 (1993).
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Charles Fried, The New First Amendment Jurisprudence: A Threat to Liberty, 59 U. Chi. L. Rev. 225 (1992).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
First Amendment
,
Constitutional History
Type: Article
Charles Fried, Impudence, 5 Sup. Ct. Rev. 155 (1992).
Categories:
Government & Politics
,
Criminal Law & Procedure
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Eighth Amendment
,
Capital Punishment
,
Sentencing & Punishment
,
Supreme Court of the United States
,
Courts
,
Judges & Jurisprudence
Type: Article
Charles Fried, Third Thoughts on Rust v. Sullivan and the First Amendment -- Dean Stone's Supposed Killer Hypo, 9 Const. Comment. 161 (1992).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
First Amendment
,
Fourth Amendment
Type: Article
Charles Fried, Order and Law: Arguing the Reagan Revolution -- A Firsthand Account (Simon & Schuster 1991).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Separation of Powers
,
Executive Office
,
Politics & Political Theory
,
Federalism
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Legal & Political Theory
Type: Book
Abstract
"As Reagan's solicitor general, Fried selected and argued cases involving some of the most important legal battles in our time: abortion, flag burning, civil rights, and capital punishment. In this provocative and lively memoir, he gives an inside look at how these controversial cases were part of the larger Reagan judicial revolution." - Amazon
Charles Fried, The Conservatism of Justice Harlan, 36 N.Y.L Sch. L. Rev. 33 (1991).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Judges & Jurisprudence
,
Supreme Court of the United States
,
Biography & Tribute
Type: Article
Charles Fried, Protecting Property -- Law and Politics 13 Harv. J.L. & Pub. Pol'y 44 (1990).
Categories:
Constitutional Law
,
Property Law
,
Government & Politics
Sub-Categories:
Politics & Political Theory
,
Eminent Domain
,
Property Rights
Type: Article
Charles Fried, Comment: Metro Broadcasting Inc. v. FCC: Two Concepts of Equality, 104 Harv. L. Rev. 107 (1990).
Categories:
Constitutional Law
,
Government & Politics
,
Discrimination & Civil Rights
,
Technology & Law
Sub-Categories:
Fourteenth Amendment
,
Discrimination
,
Race & Ethnicity
,
Supreme Court of the United States
,
Judges & Jurisprudence
,
Communications Law
Type: Article
Charles Fried, Foreword: Symposium on Labor and Employment Law in the 1990s, 13 Harv. J.L. & Pub. Pol'y 435 (1990).
Categories:
Labor & Employment
Sub-Categories:
Labor Law
Type: Article
Paul M. Bator, The Constitution as Architecture: Legislative and Administrative Courts Under Article III, 65 Ind. L.J. 233 (1990)(Charles Fried ed.).
Categories:
Constitutional Law
,
Government & Politics
Sub-Categories:
Constitutional History
,
Judges & Jurisprudence
,
Courts
,
Congress & Legislation
,
Supreme Court of the United States
Type: Article
Abstract
This article was originally delivered as part of the Addison C. Harris Lecture Series at the Indiana University School of Law at Bloomington on October 22-23, 1986. Prior to Professor Bator’s death on February 24, 1989, he asked Professor Charles Fried of the Harvard Law School to oversee the publication of this article, indicating that he was generally satisfied with his most recent draft. Accordingly, apart from minor editorial changes, this article is substantially in the form in which Professor Bator left it.
Paul M. Bator, What is Wrong with the Supreme Court?, 51 U. Pitt. L. Rev. 673 (1990)(Charles Fried ed.).
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Congress & Legislation
,
Courts
,
Judges & Jurisprudence
Type: Article
Abstract
This article was originally delivered as the Mellon Lecture at the University of Pittsburgh School of Law on April 18, 1987. Before his death on February 24, 1989, Professor Bator asked Professor Charles Fried of the Harvard Law School to edit and oversee the publication of his text. As indicated, portions of this text have been reconstructed by Professor Fried from Professor Bator’s notes and outlines.
Charles Fried, Affirmative Action After City of Richmond v. J.A. Croson Co.: A Response to the Scholars' Statement, 99 Yale L.J. 155 (1989).
Categories:
Discrimination & Civil Rights
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Supreme Court of the United States
,
Judges & Jurisprudence
Type: Article
Charles Fried, In Memoriam: Paul M. Bator, 102 Harv. L. Rev. 1739 (1989).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal Education
Type: Article
Charles Fried, Debate, After the Independent Counsel Decision: Is Separation of Powers Dead?, 26 Am. Crim. L. Rev. 1669 (1989).
Categories:
Government & Politics
Sub-Categories:
Supreme Court of the United States
,
Judges & Jurisprudence
,
Separation of Powers
,
Federalism
,
Executive Office
Type: Article
Abstract
Presentation Second Annual Lawyers Convention of the Federalist Society: The Constitution and Federal Criminal Law.
Charles Fried, Paul Bator, 56 U. Chi. L. Rev. 419 (1989).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal Education
Type: Article
Charles Fried, Jurisprudential Responses to Legal Realism, 73 Cornell L. Rev. 331 (1988).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Economics
,
Legal Theory & Philosophy
,
Critical Legal Studies
Type: Article
Charles Fried, Sonnet LXV and the "Black Ink" of the Framers' Intention, 100 Harv. L. Rev. 751 (1987).
Categories:
Constitutional Law
,
Disciplinary Perspectives & Law
Sub-Categories:
Constitutional History
,
Legal Theory & Philosophy
Type: Article
Charles Fried, Lawyers: Priests, Politicians or Citizens, in Ethics and the Law (Maile-Gene Sagen ed., Iowa Humanities Board 1985).
Categories:
Legal Profession
Sub-Categories:
Legal Ethics
Type: Book
Charles Fried, Lawyers: Priests, Politicians or Citizens?, in Ethics and the Law 75 (Maile-Gene Sagen ed., 1985).
Categories:
Legal Profession
Sub-Categories:
Legal Ethics
,
Legal Services
Type: Book
Charles Fried, The Challenge of Legal Education, 8 Harv. J.L. & Pub. Pol'y 309 (1985).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Public Interest Law
,
Legal Education
Type: Article
Abstract
The Symposium: The 1984 Federalist Society National Meeting
Charles Fried, Liberals and Love, New Republic, Dec. 24, 1984, at 40 (reviewing Morris Janowitz, The Reconstruction of Patriotism: Education for Civic Consciousness (1983)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Article
Charles Fried, The Trouble With Lawyers, N.Y. Times, Feb. 12, 1984, at 56.
Categories:
Legal Profession
Sub-Categories:
Legal Education
,
Legal Services
Type: News
Charles Fried, Individual and Collective Rights in Work Relations: Reflections on the Current State of Labor Law and Its Prospects, 51 U. Chi. L. Rev. 1012 (1984).
Categories:
Labor & Employment
,
Disciplinary Perspectives & Law
Sub-Categories:
Critical Legal Studies
,
Law & Political Theory
,
Labor Law
,
Employment Practice
Type: Article
Charles Fried, Questioning Quotas, New Republic, Dec. 26, 1983, at 9.
Categories:
Discrimination & Civil Rights
Sub-Categories:
Discrimination
,
Race & Ethnicity
Type: Article
Abstract
Discusses the rights and aspirations of the blacks in the U.S. Suggestion that the U.S. President should make special efforts to find blacks or Hispanics to fill high government posts; Information on the Office of Federal Contract Compliance that would help to enforce racial and gender goals and timetables on virtually anyone who does business with the federal government; Statement that the power of government should be brought to bear in a coercive way on private institutions and persons primarily to assure that one treats each other justly; View that if the preferences in reverse discrimination arise from aspirations only and not as a matter of right, then the imposition of quotas, goals, and timetables by government on private institutions represents an assertion of state power with major implications; Claim that goals and quotas are a matter of justice and rights.
Charles Fried, Exit, New Republic, Oct. 31, 1983, at 10.
Categories:
Disciplinary Perspectives & Law
,
International, Foreign & Comparative Law
,
Discrimination & Civil Rights
,
Taxation
Sub-Categories:
Immigration Law
,
Law & Economics
,
Foreign Relations
,
Tax Policy
Type: Article
Abstract
Focuses on foreign and economic policies adopted by several countries as of October 1983. Policies related to emigration adopted by the Soviet Union under the leadership of President of France François Mitterrand; Strategies related to the export of capital adopted by the U.S. administration under the leadership of former U.S. President Lyndon Baines Johnson; Description of the taxation policies adopted by the U.S. President Ronald Reagan.
Charles Fried, Distributive Justice, 1 Soc. Phil. & Pol'y 45 (1983).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Article
Abstract
John Rawls' A Theory of Justice represented a rare intellectual event. It advanced a fresh, detailed and powerful conception of political economy, and rooted that conception in an elaborately worked out political and moral philosophy. Rawls' two principles of justice, with the celebrated maximin standard of distributive justice, represent the point of departure for any serious discussion of this subject. The details of Rawls' proposal are too well known to require summary. Instead, I shall call attention to the basic premise of his work and to a significant anomaly in it, as setting the stage for my own proposal.
Charles Fried, Liberalism, Community and the Objectivity of Values, 96 Harv. L. Rev. 960 (1983) (reviewing Michael J. Sandel, Liberalism and the Limits of Justice (1982)).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Law & Political Theory
Type: Article
Charles Fried, Federalism -- Why Should We Care?, 6 Harv. J.L. & Pub. Pol'y 1 (1982).
Categories:
Government & Politics
Sub-Categories:
Federalism
Type: Article
Charles Fried, The Artificial Reason of the Law -- Or What Lawyers Know, 60 Tex. L. Rev. 35 (1981).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Economics
,
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Article
Charles Fried, Contract As Promise: A Theory of Contractual Obligation (Harvard Univ. Press 1981).
Categories:
Consumer Finance
,
Banking & Finance
,
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Contracts
,
Consumer Contracts
,
Legal Theory & Philosophy
,
Legal & Political Theory
Type: Book
Abstract
"This book displays the underlying structure of a complex body of law and integrates that structure with moral principles. Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability. For law students and legal scholars, Contract asPromise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory." - Amazon
Charles Fried, The Laws of Change: The Cunning of Reason in Moral and Legal History, 9 J. Legal Stud. 335 (1980).
Categories:
Legal Profession
,
Government & Politics
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Judges & Jurisprudence
,
Legal Ethics
Type: Article
Charles Fried, Biology and Ethics, in Morality as a Biological Phenomenon: The Pre-suppositions of Sociobiological Research (Gunther S. Stent ed. 1980).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Book
Charles Fried, Children as Subjects for Medical Experimentation, in Research on Children: Medical Imperatives, Ethical Quandaries and Legal Constraints (Jan van Eys ed., 1978).
Categories:
Family Law
,
Health Care
,
Legal Profession
Sub-Categories:
Children's Law & Welfare
,
Bioethics
,
Legal Ethics
Type: Book
Charles Fried, Privacy: Economics and Ethics, A Comment on Posner, 12 Ga. L. Rev. 423 (1978).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Law & Economics
,
Legal Theory & Philosophy
,
Legal Ethics
Type: Article
Charles Fried, Right and Wrong (Harv. Univ. Press 1978).
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Book
Abstract
"Some acts are wrong, even if they have good results, and some are right even if the world would have been a better place without them. Here is a cogent and lucid argument for a system of morality that makes place for that which is right or wrong in itself and not just according to consequences. Charles Fried develops in this book a conception of right and wrong that supports judgments on subjects as various as tax structure, self-defense, kidney transplants, tort liability, and freedom of speech. Fried begins by examining the demands of morality in two quite different cases: harming the innocent (where ordinary moral consciousness suggests absolutes) and lying (where consequences seem pertinent). Upon this foundation he elaborates a theory of rights that accounts for the obligation to contribute to the welfare of others but accounts also for the limits of that obligation. Comparisons and contrasts are drawn to economic theories of rights, and to the writings of Dworkin, Nozick, and Rawls. Finally, Fried considers how choices made within personal and professional roles—by friends and kin, by doctors and lawyers—are susceptible of moral judgment. Right and Wrong will have an impact on ethical, legal, and social theory, and will profit anyone thinking about the requirements of a moral life." -- Harvard University Press
Charles Fried, Equality and Rights in Medical Care, Hastings Ctr. Rep., Feb. 1976, at 29.
Categories:
Health Care
Sub-Categories:
Health Law & Policy
Type: Article
Charles Fried, Right and Wrong: Preliminary Considerations, 5 J. Legal Stud. 165 (1976).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Article
Charles Fried, The Lawyer as Friend: The Moral Foundations of the Lawyer-Client Relations, 85 Yale L.J. 1060 (1976).
Categories:
Legal Profession
Sub-Categories:
Legal Services
,
Professional Responsibility
,
Legal Ethics
Type: Article
Charles Fried, Rights and Health Care: Beyond Equity and Efficiency, 293 New Eng. J. Med. 241 (1975).
Categories:
Health Care
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Economics
,
Health Law & Policy
Type: Article
Abstract
Economic analysis in general has difficulty accommodating the concept of rights. The economic analysis of health care in particular proposes triage as the model of a rational delivery system, with no place for traditional ethical limits and obligations. Familiar arguments based on resource constraints do not prove that rights cannot reasonably be recognized. Nor are rights in general and rights in medical care in particular adequately respected by attending to considerations of just distribution or equity. Rights in medical care are different from rights to medical care, and must be respected in any decent, advanced society. That such rights may be overridden in emergencies does not mean that respect for rights is not a constraint upon the pursuit of equity and efficiency.
Charles Fried, Ethical Issues in Existing and Emerging Techniques for Improving Human Fertility, in Law and Ethics of A.I.D. and Embryo Transfer (David W. Fitzsimons & Gordon E.W. Wolstenholme eds., 1973).
Categories:
Health Care
Sub-Categories:
Bioethics
,
Genetics & Reproduction
Type: Book
Charles Fried, Introduction: The Need for a Philosophical Anthropology, 48 Ind. L.J. 527 (1973).
Categories:
Disciplinary Perspectives & Law
,
Health Care
Sub-Categories:
Legal Theory & Philosophy
,
Bioethics
Type: Article
Charles Fried, The Need for a Philosophical Anthropology, in Ethical Issues in Human Genetics: Genetic Counseling and the Use of Genetic Knowledge (Bruce Hilton et al. eds., 1973).
Categories:
Health Care
,
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
,
Bioethics
,
Genetics & Reproduction
,
Legal Ethics
Type: Book
Charles Fried, Review, A Theory of Justice by John Rawls (1971) , 84 Harv. L. Rev. 1691 (1972)(book review).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Article
Charles Fried, Review, Charles A. Reich, The Greening of America, 84 Harv. L. Rev. 749 (1971)(book review).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Law & Political Theory
Type: Article
Charles Fried, An Anatomy of Values: Problems of Personal and Social Choice (Harv. Univ. Press 1970).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Book
Charles Fried, Privacy, in Law, Reason, and Justice: Essays in Legal Philosophy (Graham B.J. Hughes ed., 1969).
Categories:
Disciplinary Perspectives & Law
Sub-Categories:
Legal Theory & Philosophy
Type: Book
Charles Fried, Justice and Liberty, VI Nomos 126 (1963).
Categories:
Disciplinary Perspectives & Law
,
Legal Profession
Sub-Categories:
Legal Theory & Philosophy
,
Legal Ethics
Type: Article

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