Prof. Hanoch Dagan

Emeritus in Faculty of Law
מנהלת הפקולטה למשפטים אמריטוס
Prof. Hanoch Dagan
Phone: 03-6407302
Fax: 03-6409576
Office: Trubowicz - Law, 300


Hanoch Dagan is the Stewart and Judy Colton Professor of Legal Theory and Innovation and the Director of the Edmond J. Safra Center for Ethics at Tel-Aviv University. Professor Dagan is a former Dean of Tel Aviv University Faculty of Law and also served as the founding director of the Zvi Meitar Center for Advanced Legal Studies, the director of The Cegla Center for Interdisciplinary Research of the Law, and the Editor in Chief of Theoretical Inquiries in Law. Among his many publications are over 120 articles in major law reviews and journals, such as Yale Law Journal, Columbia Law Review, Michigan Law Review, New York University Law Review and more. Professor Dagan has also written seven books, including Property: Values and Institutions (Oxford University Press, 2011), Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), The Choice Theory of Contracts (with Michael A. Heller) (Cambridge University Press, 2017), and A Liberal Theory of Property (Cambridge University Press, 2021), and edited six book, including Properties of Property (Wolters Kluwer, 2012) (with Gregory S. Alexander) and The Research Handbook on Private Law Theory (Edward Elgar Publishing, 2020) (with Benjamin Zipursky). He is currently working on a new book: Relational Justice: A Theory of Private Law (forthcoming Oxford University Press, 2024) (with Avihay Dorfman). Professor Dagan has been a visiting professor at Yale, Columbia, Michigan, Cornell, UCLA, and Toronto. Dagan delivered keynote speeches and endowed lectures at Singapore, Alabama, Toronto, Queensland, Cape Town, Monash (Melbourne), and Oxford. He is a member of the American Law Institute and the International Academy of Comparative Law. Dagan obtained his LL.M. and J.S.D. from Yale Law School after receiving his LL.B., summa cum laude, from Tel Aviv University. 

Research Interests and Teaching

Property, Contracts, Private Law Theory, Jurisprudence, Restitution and Unjust Enrichment, American Legal Theory.



Yale Law SchoolJ.S.D., 1993. Dissertation: “The Law of Unjust Enrichment: A Philosophical Perspective,” Dean Anthony T. Kronman, Supervisor; Research Assistant to Professor Alan Schwartz.
Yale Law School, LL.M., 1991. Fulbright Award.
Tel-Aviv University Law SchoolLL.B., 1988.  Summa Cum Laude, Rank 1/170. The Knesset Outstanding Student Award - 1987; Provost’s List and Wolf Fund Award - 1987; Dean’s List - 1985, 1988.


Academic Appointments


Tel-Aviv University Faculty of Law

Stewart and Judy Colton Professor of Legal Theory and Innovation, 2013-present; Professor, 2004-2013; Associate Professor, 2000-2004; Senior Lecturer, 1996-2000; Lecturer, 1993-1996.

Dean, 2006-2011.

Founding Director of the Zvi Meitar Center of Advanced Legal Studies, 2007-2011.

Director, The Cegla Center for Interdisciplinary Research of the Law, 2005-2006.



Columbia Law School: Justin D’Atri Visiting Professor of Law, Business, and Society, Fall 2012; Fall 2014; Fall 2015; Fall 2018.

Cornell Law School: Visiting Professor, September-October 2010; Fall 2017.

UCLA School of Law: Albert and Heidi Praw Visiting Scholar, February 2015.

Toronto University Faculty of Law: Visiting Professor, February 2012.

Yale Law School: Visiting Professor of Law and Oscar M. Ruebhausen Distinguished Senior Fellow, Fall 2011.

Australian National University College of Law, John Fleming Centre for Advancement of Legal Research: Distinguished Fleming Visiting Fellow, July 2008.

University of Alabama Law School: Distinguished Visiting Professor, February 2006, March 2012.

University of Michigan Law School: Affiliated Overseas Professor, 2001-2003; Visiting Professor, 1998-2001.


Keynote Speeches, Endowed Lectures, Awards

“Spousal Contracts and Choice Theory” – The 2020 Conference of the Society of European Contract Law, Madrid, June 2020.

“Property, Justice, and Distribution” – Conference on Property Rights and Human Rights: New Possibilities in an Age of Inequality, Monash University Faculty of Law School, August 2018.

The Real Legacy of American Legal Realism” – The Youard Lecture in Legal History, Oxford University, March 2017.

“Eminent Domain and Regulatory Takings: Towards a Unified Theory” – Colloquium on Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, December 2016.

“The Challenges of Private Law” – The Australian Center for Private Law Conference on Private Law in the 21st Century, The University of Quesensland, December 2015.

The Cheshin Prize for Academic Excellence in Law, 2014.

“Expropriatory Compensation, Distributive Justice, and the Rule of Law” – The International Academic Association on Planning, Law, and Property Rights Eighth Annual Conference, The Technion, Haifa, February 2014.

“Inside Property” – The 2011-12 Cecil A. Wright Memorial Lecture, University of Toronto Faculty of Law, February 2012.

“Between Rationality and Benevolence: The Happy Ambivalence of Law and Legal Theory” – The 2010 Meador Lectures on Rationality, Alabama Law School, April 2010.

“Just and Unjust Enrichments” – Keynote Speech, Obligations IV Conference: The Goals of Private Law, National University of Singapore Faculty of Law, July 2008.

The Zeltner Prize, 2005.

The Zeltner Prize for the Young Scholar, 1996.


Full CV

Representative Publications


A Liberal Theory of Property (Cambridge University Press, 2021)


Research Handbook on Private Law Theory (co-edited with Benjamin Zipursky; Edward Elgar Publishing, 2020)


The Choice Theory of Contracts (with Michael A. Heller) (Cambridge University Press, 2017).


Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013).


Property: Values and Institutions (Oxford University Press, 2011).


Poverty and Private Law: Beyond Distributive Justice, 68 Am. J. Jurisprudence (2023) (with Avihay Dorfman).


Choice of Law Meets Private Law Theory, Oxford J. Legal Stud. (2023) (with Sagi Peari).


Express Trust: The Dark Horse of the Liberal Property Regime, in Philosophical Foundations of Trust Law (Simone Degeling et al. eds., 2023) (with Irit Samet).


Public Nuisance for Private Persons , 73 U. Toronto L.J. (2024) (with Avihay Dorfman).


Autonomy and Contracts, in Research Handbook on The Philosophy of Contract Law (Mindy Chen-Wishart & Prince Saprai eds., 2023).


Freedom and Commitment in Contract Law: Specific Performance Decoded, 98 Notre Dame L. Rev. 1323 (2023) (with Michael Heller).


Can Contract Emancipate? Contract Theory and The Law of Work, 23 Theoretical Inq. L. 49 (2023) (with Michael Heller).


Liberal Property Theory, in Handbook on Property Law & Theory (Chris Bevan ed., 2023).


Liberal Property and The Power of Law, Can. J.L. & Jurisp. 281 (2023).


The Jurisprudence of Liberal Property, 13 Jurisprudence 668 (2022).


Justice in Contracts, 67 Am. J. Jurisprudence 1 (2022) (with Avihay Dorfman).


Precontractual Justice, 28 Legal Theory 89 (2022) (with Avihay Dorfman).


The Liberal Promise of Contract, in Private Law and Practical Reason: Essays on John Gardner’s Private Law Theory 315 (Haris Psarras & Sandy Steel eds., 2022).


What’s Wrong with Massively Discretionary Trusts, 138 L.Q. Rev. 629 (2022) (with Irit Samet).


The Beneficiary’s Ownership Rights in The Trust Res in A Liberal Property Regime, Modern L. Rev. (2023) (with Irit Samet).


Intimate Contracts and Choice Theory, 7 European Contract Law and Theory 104 (2022).


Two Visions of Contract, 119 Mich. L. Rev. 1247 (2021).


The Domain of Private Law, 71 U. Toronto L.J. 207 (2021) (with Avihay Dorfman).


Autonomy for Contract, Refined38 L. & Phil. 213 (2021) (with Michael Heller).


Economic Analysis in Law, 38 Yale J. on Reg. 566 (2021) (with Roy Kreitner)


When Contract’s Basic Assumptions Fail, 34 Can. J.L. & Jurisp. 297 (2021) (with Ohad Somech) 


Choice Theory: A Restatement, in Research Handbook on Private Law (Hanoch Dagan & Benjamin C. Zipursky eds., 2020) (with Michael Heller).


The Distinction Between Private Law and Public Law, in Research Handbook on Private Law Theory (Hanoch Dagan & Benjamin C. Zipursky eds., 2020) (with Benjamin C. Zipursky).


Substantive Remedies, 96 Notre Dame L. Rev. 513 (2020) (with Avihay Dorfman).


The Law of the Market, 83 L. & Contemp. Probs. i (2020) (with Avihay Dorfman, Roy Kreitner, and Daniel Markovits).


The Other Half of Regulatory Theory, 52 Conn. L. Rev. 605 (2020) (with Roy Kreitner).


Autonomy, Relational Justice, and Restitution, in Research Handbook on Unjust Enrichment and Restitution 219 (Elise Bant et al. eds., 2020).


Why Markets?  Welfare, Autonomy, and The Just Society, 117 Mich. L. Rev. 1289 (2019).


The Real Legacy of American Legal Realism, 38 Oxford J. Legal Stud. 123 (2018).


Just Relationships, 116 Colum. L. Rev. 1395 (2016) (with Avihay Dorfman).



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