Reasonableness and Risk
Right and Responsibility in the Law of Torts
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Product details:
- Publisher OUP USA
- Date of Publication 8 February 2023
- ISBN 9780190867942
- Binding Hardback
- No. of pages358 pages
- Size 237x163x28 mm
- Weight 658 g
- Language English 278
Categories
Short description:
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. This book argues that tort law addresses a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility.
MoreLong description:
The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs.
This book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.
Table of Contents:
Chapter One: Wrongs, Harms, and Costs
Chapter Two: The Priority of Responsibility Over Repair
Chapter Three: The Importance of Interests
Chapter Four: Fairness and Fault
Chapter Five: From Reparation to Regulation
Chapter Six: Strict Responsibilities
Chapter Seven: Enterprise Liability: Collective Responsibility and Commutative Justice
Chapter Eight: The Heterogeneity of Tort
