Prof. Hanoch Dagan

מנהלת הפקולטה למשפטים סגל אקדמי בכיר
Prof. Hanoch Dagan
Phone: 03-6407302
External phone: 03-6415492
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. He obtained his LL.M. and J.S.D. from Yale Law School after receiving his LL.B., summa cum laude, from Tel Aviv University. Among his many publications are over 80 articles in major law reviews and journals, such as Yale Law Journal, Columbia Law Review, New York University Law Review and more. Professor Dagan has also written seven books – Unjust Enrichment: A Study of Private Law and Public Values (Cambridge University Press, 1997), The Law and Ethics of Restitution (Cambridge University Press, 2004), Property at a Crossroads (Ramot, 2005) (in Hebrew), Property: Values and Institutions (Oxford University Press, 2011), Properties of Property (with Gregory S. Alexander; Wolters Kluwer, 2012), Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), and The Choice Theory of Contracts (with Michael A. Heller) (Cambridge University Press, 2017). He is currently working on a new book – A Liberal Theory of Property (Cambridge University Press, forthcoming 2019).  Professor Dagan has been a visiting professor at Yale, Columbia, University of Michigan, Cornell, UCLA and University of Toronto. He is also a Senior Fellow at the Israel Democracy Institute and a member of the American Law Institute and of the International Academy of Comparative Law.

Research Interests and Teaching

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



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.



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

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

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

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

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).


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


Justice in Private: Beyond the Rawlsian Framework, 36 L. & Phil. (2018) (with Avihay Dorfman).


Markets for Self-Authorship, 28 Cornell J.L. & Pub. Pol’y (2018).


The New Legal Realism and The Realist View of Law, 43 L. & Soc. Inq. (2018) (with Roy Kreitner).


Postscript to Just Relationships: Reply to Gardner, West, and Zipursky, 117 Colum. L. Rev. Online 261 (2017) (with Avihay Dorfman).


Contemporary Legal Realism, in Encyclopedia of the Philosophy of Law and Social Philosophy (Mortimer Sellers & Stephan Kirste eds., 2017).


The Human Right to Private Property, 18 Theoretical Inq. L. 391 (2017) (with Avihay Dorfman).


The Challenges of Private Law, in Private Law in The Twenty-First Century 67 (Kit Barker et al eds., 2017).


Against Private Law Escapism: Comment on Arthur Ripstein, Private Wrongs, Jerusalem Rev. Legal Stud. 37 (2017) (with Avihay Dorfman).


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


Between Regulatory and Autonomy-Based Private Law, 22 European L.J. (2016).


Reinterpreting the Status-Contract Divide: The Case of Fiduciariesin Contract, Status, and Fiduciary 51 (Paul B. Miller & Andrew S. Gold, eds., 2016) (with Elizabeth S. Scott).


The Utopian Promise of Private Law, 65 U. Toronto L. J. 392 (2016).


Doctrinal Categories, Legal Realism, and The Rule of Law, 163 U. Pa. L. Rev. 1889 (2015).


Law as an Academic Discipline, in Stateless Law: Evolving Boundaries of a Discipline 43 (Shauna Van Praagh & Helge Dedek eds., 2015).


Legal Theory for Legal Empiricists, 43 L. & Soc. Inq. (forthcoming 2018) (with Roy Kreitner & Tamar Kricheli-Katz).


Fiduciary Law and Pluralism, in Oxford Handbook of Fiduciary Law (Evan
Criddle et. al eds., forthcoming 2018).


Interpersonal Human Rights, 51 Cornell Int’l L.J. (forthcoming 2018 followed by an on-line symposium) (with Avihay Dorfman).


Eminent Domain and Regulatory Takings: Towards a Unified Theory in, Rethinking Expropriation Law III: Compensation for Expropriation (Björn Hoops et al. eds., forthcoming 2018)..


The Bureaucrats of Private Law (with Roy Kreitner).


The Property Pact (with Michael A. Heller) (draft available).


Tel Aviv University, P.O. Box 39040, Tel Aviv 6997801, Israel
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