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Berger Memorial Prize
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The Berger Memorial Prize in the philosophy of law, a prize established by the APA in memory of Professor Fred Berger of the University of California at Davis, is awarded every other year in odd years. The prize was made possible by gifts to the APA from Professor Berger's friends, relatives, and colleagues following his untimely death in 1986. The prize is awarded to an outstanding published article in philosophy of law by a member of the association.


The prize, including a cash award of $500, is presented at the meeting of the Pacific Division of the APA, of which Professor Berger was an active member. If suitable arrangements can be worked out between the winning author and the program committee for the Pacific Division meeting, he/she will be invited to participate in a special symposium on the topic of the winning article at that meeting.

Frequency: Every other year in odd years

Award Amount: $500

Next Award: 2021

Next deadline: June 15, 2020

Eligibility and Criteria

Submitted articles may have been published in philosophy serials, law reviews, political science serials, serials in other related fields, or regularly published anthologies such as Nomos or AMINTAPHIL volumes. Articles or chapters which have been published only in non-serial or non-periodical collections or anthologies are excluded.

Articles published in 2018 or 2019 are eligible for consideration for the 2021 prize. Members of the APA committee on philosophy and law who will select the winning article are not eligible for consideration. Eligibility of published articles is governed by the date shown on the publication, not by the date of actual printing or mailing.

Only one paper by any particular author published during the relevant time period may be considered for the prize. If more than one paper by a particular author is nominated for the prize, the author will be given the opportunity to select which paper she or he wishes to have considered by the committee.

Questions may be directed to


The nominee must be an APA member. Nominators need not verify the author's membership status in the APA, but they may wish to suggest that those whose work they are nominating join or renew their membership with the APA. Nominations may be made by the author, the editor, another APA member, or any other individual.

If an article was originally published in a language other than English, that submission should be accompanied by a translation into English of quality suitable for publication. 

To submit a nomination, fill out the nomination form.



Deborah Hellman, "A Theory of Bribery," Cardozo Law Review 38, no. 6 (August 2017)


Patrick Tomlin, "Retributivists! The Harm Principle Is Not For You!," Ethics Jan 2014, Volume 124, Issue 2, pp. 272 - 298


Christopher Wellman, "The Rights Forfeiture Theory of Punishment," Ethics 122: 2 (Jan. 2012), 371-393


Kimberly Kessler Ferzan, "Beyond Crime and Commitment: Justifying Liberty Deprivations of the Dangerous and Responsible,"Minnesota Law Review (forthcoming).


Gideon Yaffe, "Excusing Mistakes of Law," Philosophers' Imprint, Volume 9, Number 2 (2009)


Jeppe von Platz and David A. Reidy, "The Structural Diversity of Historical Injustices,” Journal of Social Philosophy, 37: 360–376.


Mark Greenberg, "How Facts Make Law," (2004) Legal Theory, 10, pp 157-198.


David A. Reidy, "Hate Crimes, Oppression and Legal Theory," Public Affairs Quarterly, v. 16, n. 3. 2002.


Seana Shiffrin, "Paternalism, Unconscionability Doctrine, and Accommodation," Philosophy and Public Affairs, 29(3):205-250, Summer 2000.


Alvin Goldman and William Talbott, "Games Lawyers Play: Legal Discovery and Social Epistemology," Legal Theory 4 (1998) pp. 93-163.


Stephen Munzer, "Ellickson on 'Chronic Misconduct' in Urban Spaces," Harvard Civil Rights-Civil Liberties Law Review 32(1):1-48.

Justin Schwartz, "Relativism, Reflective Equilibrium, and Justice," Legal Studies (Volume 17, No. 1, pp. 128-168, 1997).


Stephen Macedo, "Homosexuality and the Conservative Mind," Georgetown Law Journal 12/95, Vol. 84, pp. 261-300.


Stephen Schulhofer, "Taking Sexual Autonomy Seriously: Rape, Law and Beyond," Law and Philosophy. (This essay was later published as Chapter Thirteen in Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, published in 1998.)


Alan Strudler, "Mass Torts and Moral Principles," Law and Philosophy Vol. 11 (1992), pp. 297-330.


Samuel Freeman, "Constitutional Democracy and the Legitimacy of Judicial Review," Law and Philosophy Vol. 9, 1990.


Lois Pineau, "Date Rape: A Feminist Analysis" This essay later was published as Chapter One in Date Rape: Feminism, Philosophy, and the Law, by Leslie Francis (Editor), pp. 1-26.


Joel Feinberg "Wrongful Life and the Counterfactual Element in Harming” (1986). This essay later was published as Chapter One in Freedom and Fulfillment: Philosophical Essays by Joel Feinberg, published by Princeton University Press in 1994.

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