Joshua Kleinfeld teaches and writes about political, legal, and moral philosophy, criminal law, and criminal procedure. He also practices law in Northwestern's Juvenile Criminal Defense Clinic. He is a full professor with tenure at the Northwestern Pritzker School of the Law and (by courtesy) in Northwestern’s philosophy department. In 2017-18, he was a visiting professor at Harvard and Stanford Law Schools. He is the recipient of the Bator Award, given annually to one American law professor under the age of 40 who has demonstrated "excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact."
In philosophy, Kleinfeld's research focuses on the idea of "embodied ethical life," as developed in the socio-theoretic tradition of Hegel, Weber, and Durkheim. This tradition aims to understand and critique social life by bringing to light the normative ideas implicit in social practices and institutions. In law, this means that the most interesting philosophical concepts are often those reflected or actualized in legal practice – in the law as judges and lawyers think of it and wield it.
In criminal law and procedure, Kleinfeld has developed a theory known as "reconstructivism," which holds that the chief office of criminal law is not to dole out retributive justice, nor to optimize crime and cost control, but to reconstruct a violated normative order in the wake of a crime. This work, which draws on the thought of Hegel, Durkheim, Jean Hampton, and Antony Duff, develops an alternative to retributive and utilitarian theories of criminal law by focusing on the distinctive social function and sense of justice at work in the criminal system.
Kleinfeld is also involved in practical criminal justice reform. In this vein, he defends children accused of homicide in the Northwestern Juvenile Criminal Defense clinic and assists in litigation efforts meant to reform American criminal law through the courts. He has also developed a view of criminal justice reform known as "democratization," which holds that the root of the American criminal justice crisis is a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice, and that the primary solution is to make criminal justice more community-focused and responsive to lay influences. Working with others, he has developed a number of policy proposals meant to reform American criminal justice in a democratic direction.
Kleinfeld holds a JD from Yale Law School, a PhD in philosophy from the Goethe University of Frankfurt (supervised by Axel Honneth, Klaus Günther, and Rainer Forst), and a BA in philosophy from Yale College. He clerked for Judge J. Harvie Wilkinson on the United States Court of Appeals for the Fourth Circuit; Judge Janice Rogers Brown on the United States Court of Appeals for the D.C. Circuit; and President (chief justice) Aharon Barak of the Supreme Court of Israel. He worked as an Associate at Debevoise & Plimpton LLP in Frankfurt, Germany, in the area of corporate criminal law. Before law school, he worked as a Senior Research Analyst at the White House’s Council on Bioethics.
*****
A person listed as a contributor has spoken or otherwise participated in Federalist Society events, publications, or multimedia presentations. A person's appearance on this list does not imply any other endorsement or relationship between the person and the Federalist Society. In most cases, the biographical information on a person's "contributor" page is provided directly by the person, and the Federalist Society does not edit or otherwise endorse that information. The Federalist Society takes no position on particular legal or public policy issues. All expressions of opinion by a contributor are those of the contributor.
The Results of DEI-Mandated Education
San Diego Lawyers Chapter
Dinsmore & Shohl LLP655 West Broadway, #800
San Diego, CA 92101
The Mission of Law Schools Is Changing
Evansville Lawyers Chapter
Who are the Oligarchs?
California-Berkeley Student Chapter
University of California, Berkeley, School of Law2763-2719 Bancroft Way
Berkeley, CA 94704
Federal Preemption and GenBioPro
Northwestern Student Chapter
Northwestern Pritzker School of Law375 E. Chicago Ave
Chicago, IL 60611
Academic Freedom and Freedom of Expression: Will the proposed accreditation standard support freedom of thought at law schools?
Recent high-profile incidents at law schools have raised questions about the scope of academic freedom...
Academic Freedom and Freedom of Expression: Will the proposed accreditation standard support freedom of thought at law schools?
Recent high-profile incidents at law schools have raised questions about the scope of academic freedom...
Open Minds: Who is Exercising Private Power and What Do They Control? Part 2
In the second part of this interview, Matt and Prof. Kleinfeld discuss the roots of...
Open Minds: What Sparked the Fascination With Economics and Government? Part 1
In Part 1 of Open Minds with Matt Stoller, we hear about how Matt's formative...
Open Minds: Applying Libertarian Convictions in The Real World
Prof. Randy Barnett joins Prof. Joshua Kleinfeld to discuss how his life experiences have informed his libertarian...