Tragic Choices and the Law

Alon Harel’s Why Law Matters is a laudable attempt to sharpen our understanding of how the law deals with complicated moral phenomena, and of why and how these phenomena should matter to the law. I wholeheartedly agree with the non-reductionist spirit of Harel’s project. But I here offer a handful of objections to the letter of some of Harel’s positions, in the hopes that they may contribute to the advancement of the debate surrounding these difficult and important issues