Posted just below is Jim’s CV (curriculum vitae) which describes his academic career and lists his publications. There are three sections. The first is general information. Second comes the Best Publications, all with links for downloading. Third comes a Comprehensive List of all the books, articles, and reviews.
Links to many of Jim’s essays are also available at Academia.edu.
James W Nickel—CV
Nickel is Professor of Philosophy and Law Emeritus at the University of Miami Law School. He is best known for his book, Making Sense of Human Rights (1987, 2nd ed. 2007) and as the author of the “human rights” entry in the Stanford Encyclopedia of Philosophy (first created in 2003, revised eight times, and after 2024 co-authored with Adam Etinson). Nickel has published more than 100 essays and reviews in philosophy and law. His articles have been published in leading academic journals including the Columbia Law Review, Human Rights Quarterly, the Oxford Journal of Legal Studies, and Philosophy and Public Affairs. His essay, Poverty and Rights, won the 2004 Essay Prize from the Philosophical Quarterly.[2]
Nickel started his teaching career at Wichita State University. He joined the University of Colorado Boulder in 1982, where he served as Professor of Philosophy until 2002, Director of the Center for Values and Social Policy from 1982 to 1986, and Chair of the Department of Philosophy from 1992 to 1996. From 2003 to 2008, Nickel was Professor of Law in the Sandra Day O'Connor College of Law at Arizona State University. He then served as Professor of Philosophy and Law at the University of Miami from 2009 to 2018, and has since been Professor Emeritus there. Nickel was a visiting professor at the University of California Berkeley Law School in 1980-82, the University of Utah Philosophy Department in spring Georgetown University Law School in 2008-09, and the Pluricourts Center at the University of Oslo during the summers of 2014-16. Nickel is now retired as Professor Emeritus at the University of Miami Law School.
Awards and honors
1972-73 – Research grant, National Endowment for the Humanities (spent at Columbia Law School)
1976-1977 – Fellowship, American Council of Learned Societies (again spent at Columbia Law School)
1978 – Mellon Summer Fellowship, Aspen Institute, Aspen, CO.
Making Sense of Human Rights, Second Edition, Wiley-Blackwell, 2007, 263 pages. In 2016 it was named number 2 of the Five best books on human rights. Unfortunately, this book is not available free online. Cheap used copies are available on Amazon.com.
Human Rights entry, Stanford Encylopedia of Philosophy, (first published 2003; most recent update 2024 with new coauthor, Adam Etinson). Nickel, James and Adam Etinson, "Human Rights", The Stanford Encyclopedia of Philosophy (Fall 2024 Edition), Edward N. Zalta & Uri Nodelman (eds.), URL = <https://plato.stanford.edu/archives/fall2024/entries/rights-human/>.
“Personal Deserts and Human Rights,”Philosophical Foundations of Human Rights, ed. Rowan Cruft, S. Matthew Liao and Massimo Renzo (Oxford University Press, 2015): 153-165.
“Goals and Rights--Working Together?”, in Malcolm Langford et. al, The MDGs and Human Rights: Past, Present, and Future (Cambridge University Press, 2013): 38-48.
"Philosophical Issues in International Environmental Law," (with Daniel Magraw), in Samantha Besson and John Tasioulas, eds., The Philosophy of International Law (Oxford: Oxford University Press, 2010): 453-71. Reprinted in Steve Vanderheiden, ed., Environmental Rights (Ashgate 2012).
"Poverty and Rights," Philosophical Quarterly, 55 (2005): 385-402. This essay won the Philosophical Quarterly's 2004 essay prize. It was reprinted in condensed form in Corpus Christi College Pelican Record LXII (2005): 89-98. A long except from this article appeared in Henkin, Cleveland, Helfer, Neuman, and Orentlicher, eds. Human Rights (University Casebook Series, 2009). And a revised version, "A Defense of Welfare Rights as Human Rights," appeared in Debates in Political Philosophy, eds. John Christman and Thomas Christiano (Blackwells, 2009).
Group Agency and Group Rights," in Ian Shapiro and Will Kymlicka, eds., Ethnicity and Group Rights (Nomos XXXIX) New York University Press, 1997: 235-256.
"What's Wrong with Ethnic Cleansing?" Journal of Social Philosophy 26 (1995): 5-15. Reprinted in Patrick Hayden, ed., The Philosophy of Human Rights (St. Paul: Paragon House, 2001): 465-477.
"Integrating Environmentalism and Human Rights" (with Eduardo Viola), Environmental Ethics 16 (1994): 265-271. Translated into Italian and published in M. Greco (ed.), Diritti umani e ambiente: Giustizia e sicurezza nella questione ecologica [Human Rights and the Environment:Justice and Security in the Ecological Question], Edizioni Cultura della Pace, Firenze, 2000. Reprinted in Andrew Light and Holmes Rolston, eds., Environmental Ethics: An Anthology, Blackwells 2002.
"The Human Right to a Safe Environment," Yale Journal of International Law 18:1 (1993), 281-295. Reprinted in Patrick Hayden, ed., The Philosophy of Human Rights (St. Paul: Paragon House, 2001): 601-618. Also reprinted in Dinah Shelton, ed., Human Rights and the Environment (2011). Alternative source for download: https://core.ac.uk/download/pdf/72837512.pdf
"Are Human Rights Utopian?", Philosophy and Public Affairs 11 (1982), 246-264. Reprinted in Making Ethical Decisions (1984).
"Is There a Human Right to Employment?", Philosophical Forum 11 (1980), 149-170. Reprinted in Werhane, et. al., eds, Philosophical Issues in Human Rights (1986).
"Does the Constitution Mean What it Always Meant?" (with Stephen R. Munzer), Columbia Law Review 77 (1977), 1029-1062. Reprinted in Larry May, et. al., eds., Legal Philosophy: Multiple Perspectives (Mountain View, CA: Mayfield Publishing Co., 2000): 440-450.
"Preferential Policies in Hiring and Admissions," Columbia Law Review 75 (1975), 534-558. Reprinted in Gross, ed., Reverse Discrimination (1976), Wasserstrom, ed., Today's Moral Problems (2nd edition, 1979), and in Valsquez and Rostenkowski, Ethics: Theory and Practice (1985).
78. “Epilogue: Achieving Adequate Social Access,” with Kimberley Brownlee, in Being Social: The Philosophy of Social Human Rights, eds. Kimberley Brownlee, David Jenkins, and Adam Neal (Oxford: Oxford University Press, 2022), 287–302
77. "Linkage Arguments for and Against Rights," Oxford Journal of Legal Studies, 42.1 (Spring 2022), 27-47.
76. "Assigning Functions to Human Rights: Methodological Issues in Human Rights Theory," in Human Rights: Moral or Political?, edited by Adam Etinson (Oxford University Press, 2018): 145-159.
75. “Two Models of Normative Frameworks for Human Rights duringEmergencies” in Evan J. Criddle, ed., Human Rights in Emergencies (Cambridge: Cambridge University Press, 2016): 56-80.
74. “Can a Right to Health Care be Justified by LinkageArguments?” Theoretical Medicine and Bioethics. 17:3 (2016): 293-306.
72. “Giving Up on the Right to Work,” in Virginia Mantouvalou, ed., The Right to Work: Legal and Philosophical Perspectives (Oxford: Hart Publishing, 2015): 137-148.
70. “Personal Deserts and Human Rights,” Philosophical Foundations ofHuman Rights, ed. Rowan Cruft, S. Matthew Liao and Massimo Renzo (Oxford: Oxford University Press, 2015): 153-165.
69. “Griffin on Human Rights to Liberty” in Roger Crisp, ed. Griffin on Human Rights (Oxford: Oxford University Press, 2015): 185-205.
68. “Human Rights and Food,” in Paul B. Thompson and David M. Kaplan, eds., Encyclopedia of Food and Agricultural Ethics (New York: Springer, 2014).
67. "What Future for Human Rights?, "Ethics and International Affairs" 28 (2014): 213-223. Republished 2014 in a Carnegie Council ebook: "Ethics for aConnected World: The Carnegie Council Centennial Roundtables".
66. “Goals and Rights--Working Together?”, in Malcolm Langford et. al, The MDGs and Human Rights: Past, Present, and Future (Cambridge University Press, 2013): 38-48.
65. “Restraining Orders, Liberty, and Due Process,” in Andrew Ashworth & Lucia Zedner, eds., Prevention and the Limits of the Criminal Law (Oxford University Press 2012): 156-177.
64. "Indivisibility and Linkage Arguments: A Reply to Gilabert," Human Rights Quarterly 32.2 (2010): 439-446.
63. "The Philosophy of Human Rights," (with David Reidy) in Moeckli, Shah, Sivakumaran and Harris, eds., International Human Rights Law (Oxford: Oxford University Press 2010): 39-63.
62. "Philosophical Issues in International Environmental Law," (with Daniel Magraw), in Samantha Besson and John Tasioulas, eds., The Philosophy of International Law (Oxford: Oxford University Press, 2010): 453-71. Reprinted in Steve Vanderheiden, ed., Environmental Rights (Ashgate 2012).
61. "Rights and the Exceptionally Vulnerable," in Genomics and Environmental Regulation: Science, Ethics and Law, ed. Richard R. Sharp, Gary E. Marchant, and Jamie A. Grodsky. Baltimore, MD:Johns Hopkins University Press, 2008.
60. "Rethinking Indivisibility: Towards a Theory of Supporting Relationsbetween Human Rights," Human Rights Quarterly 30 (2008): 984-1001. Reprinted in Weissbrodt, et. al., International Human Rights: Law, Policy, and Process, 5th edition (Carolina Academic Press 2021).
59. "Due Process Rights and Terrorist Emergencies", European Journal of Legal Studies (1: 2007).
58. "Relativism, Self-Determination and Human Rights" (with David Reidy) in Deen Chatterjee, ed., Democracy in a Global World: Human Rights and Political Participation in the 21st Century. Rowman and Littlefield, 2007: 91-110.
57. "Gould on Democracy and Human Rights" (review essay), Journal of Global Ethics 1 (2005): 1-7.
56. "Are Human Rights Mainly Implemented by Intervention?" in Rex Martin and David Reidy, eds. Rawls's Law of Peoples: A realistic utopia? Blackwells 2006: 263-277.
55. "Who Needs Freedom of Religion?", Colorado Law Review 76 (2005): 909-933.
54. "Poverty and Rights," Philosophical Quarterly, 55 (2005): 385-402. This essay won the Philosophical Quarterly's 2004 essay prize. It was reprinted in condensed form in Corpus Christi College Pelican Record LXII (2005): 89-98. A long except from this article appeared in Henkin, Cleveland, Helfer, Neuman, and Orentlicher, eds. Human Rights (University Casebook Series, 2009). And a revised version, "A Defense of Welfare Rights as Human Rights," appeared in Debates in Political Philosophy, eds. John Christman and Thomas Christiano (Blackwells, 2009).
53. “Is Today’s International Human Rights System a Global GovernanceRegime?”, The Journal of Ethics 6 (2003): 353-371.
52. "Freedom's Measure: An essay-review of Ian Carter's, A Measure of Freedom" Law and Philosophy 20 (2001): 531-540.
51. "Moral Dimensions of Four Ways of Getting Rid of Groups," in A. Jokic, ed., War Crimes and Collective Wrongdoing (Malden, MA: Blackwells, 2001). 163175.
50. "Free Speech, Democratic Deliberation, and Valuing Types of Speech," in Chambers and Costain, eds., Deliberation, Democracy, and the Media (Lanham, MD: Rowman and Littlefield, 2000). 1-10.
49. “Intrinsic Value and Cultural Preservation,” Arizona State Law Journal 30.2 (1999): 355-361.
48. "Economic Liberties" in Victoria Davion and Clark Wolf, eds., The Idea of Political Liberalism (Lanham, Md: Rowman and Littlefield, 2000). 155-175.
47. "The right to work," in Werhane and Freeman, eds., Blackwell Encyclopedic Dictionary of Business Ethics (Oxford: Blackwell Publishers, 1997), 563-4.
45. "Group Agency and Group Rights," in Ian Shapiro and Will Kymlicka, eds., Ethnicity and Group Rights (Nomos XXXIX) New York: NYU Press, 1997: 235256.
44. "The Claims of Immigrants: A Response to Baubock and Parekh," International Migration Review 30 (1996): pp. 285-88.
42. "What's Wrong with Ethnic Cleansing?" Journal of Social Philosophy 26 (1995): 5-15. Reprinted in Patrick Hayden, ed., The Philosophy of Human Rights (St. Paul: Paragon House, 2001): 465-477.
41. "The Value of Cultural Belonging: Expanding Kymlicka's Theory," Dialogue 33 (1994): 635-42.
39. "Ambientalismo e Direitos Humanos" (with Eduardo Viola), Novos Estudos 40 (Nov. 1994): 171-84. [This is a longer, Brazilian version of 38 above.]
38. "Ethnocide and Indigenous Peoples," Journal of Social Philosophy 25 (1994): 84-98.
37. "Integrating Environmentalism and Human Rights" (with Eduardo Viola), Environmental Ethics 16 (1994): 265-271. Translated into Italian and published in M. Greco (ed.), Diritti umani e ambiente: Giustizia e sicurezza nella questione ecologica [Human Rights and the Environment:Justice and Security in the Ecological Question], Edizioni Cultura della Pace, Firenze, 2000. Reprinted in Andrew Light and Holmes Rolston, eds., Environmental Ethics: An Anthology, Blackwells 2002.
36. "The Human Right to a Safe Environment," Yale Journal of International Law 18:1 (1993), 281-295. Reprinted in Patrick Hayden, ed., The Philosophy of Human Rights (St. Paul: Paragon House, 2001): 601-618. Also reprinted in Dinah Shelton, ed., Human Rights and the Environment (2011).
35. "How Human Rights Generate Duties to Protect and Provide," Human Rights Quarterly 14 (1993), 77-86. Reprinted in abridged form in Steiner and Alston, eds., International Human Rights in Context (2000): 185-186, and in the second edition (2007): 190-191.
34. "Human Rights," in Becker and Becker, eds., Encyclopedia of Ethics (First edition, Garland 1992; second edition Routledge 2001).
33. "Strong Affirmative Action," New Community 17 (1990): 49-58.
32. "Rawls on Political Community and Principles of Justice," Law and Philosophy 9 (1990), 91-102.
31. "Does Basing Rights on Autonomy Imply Obligations of Political Allegiance?", Dialogue 28 (1989), 531-544.
30. "Can Today's International System Handle Transboundary Environmental Problems?" (with Daniel Barstow Magraw), in Scherer, ed., Upstream-Downstream (Temple University Press, 1990), 121-157.
29. "Do Professors Need Professional Ethics as Much as Doctors and Lawyers?", Papers of the Center for the Study of Ethics in Society 2 (1989), 3-28. Reprinted in Mary Ann Shea, ed., On Teaching, Volume II (1989).
28. "Freedom of Expression in a Pluralistic Society," Law and Philosophy 7 (1989), 281-293.
27. "Philosophy and Policy," in Rosenthal and Shehadi, eds., Applied Ethics and Ethical Theory (1988), 139-148.
26. "Equal Opportunity in a Pluralistic Society," Social Philosophy and Policy 5 (1987), 104-119.
25. "Should Undocumented Aliens be Entitled to Health Care?", Hastings Center Report, December 1986, 19-23.
24. "Rationing Health Care," in Battin, et. al., eds, Should Medical Care be Rationed by Age?, (1986).
23. "Uneasiness about Easy Cases (reply to Schauer)", University of Southern California Law Review (1985)
22. "Ethical Aspects of the Influx of Central American Refugees into the United States," in MacEoin, ed., Sanctuary (1985), 95- 108. Reprinted under the title, "Sanctuary, Asylum and Civil Disobedience," in Lydio F. Tomasi, ed., In Defense of the Alien (1986), 176-187.
21. "Charity, Family Aid, and Welfare Rights," Logos 6 (1985), 71-77.
20. "On the Feasibility of Welfare Rights in Less Developed Countries," in Kipnis and Meyers, eds., Economic Justice (1985), 217-225.
20. "Are Human Rights Utopian?", Philosophy and Public Affairs 11 (1982), 246-264. Reprinted in Making Ethical Decisions (1984).
19. "Equal Respect and Human Rights," Human Rights Quarterly 4 (1982), 79-93.
18. "Human Rights and the Rights of Aliens," in Brown and Shue, eds., The Border that Joins (1982), 31-48.19.
17. "Cultural Diversity and Human Rights," in Green and Nelson, eds., International Human Rights: Contemporary Issues (1980), 43- 55.
16. "Recent Work on the Concept of Rights" (with Rex Martin), American Philosophical Quarterly 17 (1980), 165-180. Reprinted in Lucey and Machan, eds., Recent Work in Philosophy (1983).
15. "Is There a Human Right to Employment?", Philosophical Forum 11 (1980), 149-170. Reprinted in Werhane, et. al., eds, Philosophical Issues in Human Rights (1986).
14. "Remedial Uses of Race: A Moral Dilemma," Howard Law Journal 21 (1978), 513-517.
13. "Does the Constitution Mean What it Always Meant?" (with Stephen R. Munzer), Columbia Law Review 77 (1977), 1029-1062. Reprinted in Larry May, et. al., eds., Legal Philosophy: Multiple Perspectives (Mountain View, CA: Mayfield Publishing Co., 2000): 440-450.
12. "Dworkin on the Nature and Consequences of Rights," Georgia Law Review 11 (1977), 1115-1142.
11. "Justice in Compensation," William and Mary Law Review 18 (1976), 379-388. Reprinted in Dale A. Nance, ed., Law and Justice (first edition 1994, second edition 1999).
10. "Preferential Policies in Hiring and Admissions," Columbia Law Review 75 (1975), 534-558. Reprinted in Gross, ed., Reverse Discrimination (1976), Wasserstrom, ed., Today's Moral Problems (2nd edition, 1979), and in Valsquez and Rostenkowski, Ethics: Theory and Practice (1985).
9. "Should Reparations be to Individuals or to Groups?", Analysis 34 (1974), 154-60. Reprinted in Gross, ed., Reverse Discrimination (1976), and in Cahn, ed., The Affirmative Action Debate (1995).
8. "Sparshott on Relevance," Dialogue 12 (1973), 325-329.
7. "On Banishing Ethics from our Minds (Discussion of Anscombe)," Journal of Value Inquiry 8 (1974), 204-214.
6. "Classification by Race in Compensatory Programs," Ethics 84 (1974), 146-150. Reprinted in Kipnis, ed., Philosophical Issues in Law (1976) and Donaldson and Werhane, eds., Ethical Issues in Business. Also reprinted in Donaldson and Dunfee, eds., Ethics in Business and Economics, vol II (1996).