Philosophical Foundations of the Law of Torts
Series: Philosophical Foundations of Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 March 2014
- ISBN 9780198701385
- Binding Hardback
- No. of pages464 pages
- Size 253x177x36 mm
- Weight 966 g
- Language English 0
Categories
Short description:
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
MoreLong description:
Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.
Indeed, John Oberdiek has assembled nineteen thoughtful essays and provided an extremely helpful introduction, which together make an important contribution to the ongoing enterprise of understanding and evaluating tort law (and private law, more generally).
Table of Contents:
Introduction: Philosophical Foundations of the Law of Torts
Part I: Foundations of Tort Law
Tort Law and Responsibility
Torts, Rights, and Risk
Compensation as a Tort Norm
Tort as a Substitute for Revenge
Structure and Justification in Contractualist Tort Theory
On the "Property" and the "Tort" in Trespass
Tort Law and Public Functions
Part II: Harms, Wrongs, Responsibility, and Liability
What Might have Been
Why Reparations?
Repairing Harms and Answering for Wrongs
Tort Processes and Relational Repair
Tort Liability and Taking Responsibility
Exploring the Relationship Between Consent, Assumption of Risk, and Victim Negligence
Strict Liability Wrongs
Normative Theories of Punitive Damages: The Case of Deterrence
Part III: Distributive Justice in Tort Law
What is Tort Law For? Part 2. The Place of Distributive Justice
Tort Law and Distributive Justice
Part IV: Skeptical Perspectives
Finding No Fault With Negligence
Confused Culpability, Contrived Causation, and the Collapse of Tort Theory
Bibliography
