Foundations of Tort Law

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Combining many classics of the tort literature with provocative new materials using a broad range of approaches--including law and economics, law and philosophy, feminist theory, critical legal studies, legal history, comparative law, law and society, and positive political theory--this reader by a noted scholar in the field illuminates the full spectrum of modern thinking about the subject. Brief questions at the conclusion of each reading encourage the student to consider the strengths, weaknesses, and ...
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Overview


Combining many classics of the tort literature with provocative new materials using a broad range of approaches--including law and economics, law and philosophy, feminist theory, critical legal studies, legal history, comparative law, law and society, and positive political theory--this reader by a noted scholar in the field illuminates the full spectrum of modern thinking about the subject. Brief questions at the conclusion of each reading encourage the student to consider the strengths, weaknesses, and ambiguities of each theory, and how it may apply to a familiar torts problem. Exploring such issues as the role of fault, means of social control, liability at the workplace, and tort reform, this volume is the perfect sourcebook for the study of tort law.
This is the second volume in the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading lawyers, economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Corporate Law (Roberta Romano, Editor), Foundations of Administrative Law (Peter Schuck, Editor), and Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors).
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Product Details

  • ISBN-13: 9780195083927
  • Publisher: Oxford University Press
  • Publication date: 11/28/1993
  • Series: Interdisciplinary Readers in Law Ser.
  • Pages: 368
  • Product dimensions: 6.10 (w) x 9.20 (h) x 0.90 (d)

Table of Contents

I Torts and Bargains 1
The Problem of Social Cost 3
When Does the Rule of Liability Matter? 14
Consumption Theory, Production Theory, and Ideology in the Coase Theorem 20
II The Role of Fault 33
Killing or Wounding to Protect a Property Interest 35
Fairness and Utility in Tort Theory 48
The Concept of Corrective Justice in Recent Theories of Tort Law 59
Rethinking Comparative Law: Variety and Uniformity in Ancient and Modern Tort Law 67
Tort Law and the Economy in Nineteenth-Century America: A Reinterpretation 81
Some Effects of Uncertainty on Compliance with Legal Standards 89
III The Requirement of Causation 101
Remarks on Causation and Liability 103
Property, Wrongfulness, and the Duty to Compensate 117
Probabilistic Recoveries, Restitution, and Recurring Wrongs 124
Economic Loss in Tort 135
Women, Mothers, and the Law of Fright: A History 141
IV The Lawyer's Role 153
Untaken Precautions 155
Opting for the British Rule, or If Posner and Shavell Can't Remember the Coase Theorem, Who Will? 160
A Market in Personal Injury Tort Claims 168
V Liability Arising Out of the Workplace 179
The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines 181
Comment - The Creation of a Common-Law Rule: The Fellow-Servant Rule, 1837-1860 193
Social Change and the Law of Industrial Accidents 205
VI Omissions and Commissions 217
Waiting for Rescue: An Essay on the Evolution and Incentive Structure of the Law of Affirmative Obligations 219
A Lawyer's Primer on Feminist Theory and Tort 235
The Case for a Duty to Rescue 245
VII Tort Liability and Other Means of Social Control 249
Property Rules, Liability Rules, and Inalienability: One View of the Cathedral 251
A Critique of Economic and Sociological Theories of Social Control 265
The Social Consequences of Common-Law Rules 277
VIII Insurance, No-Fault, Products Liability, and Tort Reform 287
The Current Insurance Crisis and Modern Tort Law 289
Incentive Issues in the Design of "No-Fault" Compensation Systems 301
Proposals for Products Liability Reform: A Theoretical Synthesis 318
Some Reflections on the Process of Tort Reform 333
In the Shadow of the Legislature: The Common Law in the Age of the New Public Law 340
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