Philosophical Foundations of the Law of Torts

Overview

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 ...

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Philosophical Foundations of the Law of Torts

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Overview

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.

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Product Details

  • ISBN-13: 9780198701385
  • Publisher: Oxford University Press
  • Publication date: 5/20/2014
  • Pages: 464
  • Sales rank: 551,335
  • Product dimensions: 6.90 (w) x 9.80 (h) x 1.30 (d)

Meet the Author

John Oberdiek, Professor of Law, Rutgers University

John Oberdiek is Professor at the Rutgers University School of Law. His is also a Director of the Rutgers Institute for Law and Philosophy, Associate Graduate Faculty in the Rutgers Department of Philosophy, Co-Editor of the journal Law and Philosophy, and has been a Laurance S. Rockefeller Visiting Fellow at the University Center for Human Values at Princeton.

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Table of Contents

INTRODUCTION: PHILOSOPHICAL FOUNDATIONS OF THE LAW OF TORTS
John Oberdiek

PART I: FOUNDATIONS OF TORT LAW

1. TORT LAW AND RESPONSIBILITY
John C.P. Goldberg and Benjamin C. Zipursky
2. TORTS, RIGHTS, AND RISK
Stephen Perry
3. COMPENSATION AS A TORT NORM
Mark A. Geistfeld
4. TORT AS A SUBSTITUTE FOR REVENGE
Scott Hershovitz
5. STRUCTURE AND JUSTIFICATION IN CONTRACTUALIST TORT THEORY
John Oberdiek
6. ON THE "PROPERTY" AND THE "TORT" IN TRESPASS
Eric R. Claeys
7. TORT LAW AND PUBLIC FUNCTIONS
Peter Cane

PART II: HARMS, WRONGS, RESPONSIBILITY, AND LIABILITY

8. WHAT MIGHT HAVE BEEN
Victor Tadros
9. WHY REPARATIONS?
Rahul Kumar
10. REPAIRING HARMS AND ANSWERING FOR WRONGS
R.A. Duff
11. TORT PROCESSES AND RELATIONAL REPAIR
Linda Radzik
12. TORT LIABILITY AND TAKING RESPONSIBILITY
David Enoch
13. EXPLORING THE RELATIONSHIP BETWEEN CONSENT, ASSUMPTION OF RISK, AND VICTIM NEGLIGENCE
Kenneth W. Simons
14. STRICT LIABILITY WRONGS
Gregory C. Keating
15. NORMATIVE THEORIES OF PUNITIVE DAMAGES: THE CASEOF DETERRENCE
Anthony J. Sebok

PART III: DISTRIBUTIVE JUSTICE IN TORT LAW

16. WHAT IS TORT LAW FOR? PART 2. THE PLACE OF DISTRIBUTIVE JUSTICE
John Gardner
17. TORT LAW AND DISTRIBUTIVE JUSTICE
Hanoch Sheinman
PART IV: SKEPTICAL PERSPECTIVES
18. FINDING NO FAULT WITH NEGLIGENCE
Heidi M. Hurd
19. CONFUSED CULPABILITY, CONTRIVED CAUSATION, AND THE COLLAPSE OF TORT THEORY 406
Larry Alexander and Kimberly Kessler Ferzan

Bibliography
Introduction John Oberdiek
1. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory, Larry Alexander & Kimberly Kessler Ferzan
2. Tort Law and Public Authorities, Peter Cane
3. Tort and Crime, RA Duff
4. Tort Liability as Taking Responsibility, David Enoch
5. What is Tort Law For? Part 2: The Place of Distributive Justice, John Gardner
6. Corrective Justice and the Continuity Thesis, Scott Hershovitz
7. Strict Liability Wrongs, Gregory Keating
9. Contractualism and the Varieties of Outcome Responsibility, Rahul Kumar
10. Corrective Justice as an Independent Ideal, John Oberdiek
11. Rights and Wrongs in Morality and Tort Law, Stephen Perry
12. The Tort Process as a Form of Amends, Linda Radzik
14. Tort Law and Desert, Hanoch Sheinman
15. Consent and Assumption of Risk in Tort and Criminal Law, Ken Simons
16. Wrongs Inside and Outside the Law of Torts, Robert Stevens
17. The Preemption Problem, Victor Tadros
18. Law's Moral Foundations and Content, Richard Wright
19. Civil Recourse and the Tort/Crime Distinction, Benjamin Zipursky & John Goldberg
20. Business torts, Eric Claeys
21. Insurance, Adam Scales
22. Law and Economics, Mark Geistfeld

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