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Philosophical Foundations of Tort Law / Edition 1

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Overview


This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal responsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.
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Editorial Reviews

From the Publisher

"Whether one thinks of torts in functional or moral terms, or takes a philosophical or instrumental approach to its subject matter, the essays contained in this volume will provide food for thought for years to come."-- Richard A. Epstein, University of Chicago

"Anyone interested in ideas of responsibility, in the connection of theory and practice, and in the relationship of law and moral philosophy will want to ponder the contents of this volume."--Ernest J. Weinrib, University of Toronto

"This well-organized volume of essays testifies to an academic school's coming of age. In a generation, English-speaking scholars have generated a literature on the foundations of tort law that is unique in legal history. This introduction to the field invites readers to join the ongoing debates between philosophers and the economists and between those who believe in the neutrality of justice and those who assert the inevitably partisan nature of law."--George P. Fletcher, Columbia University

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Product Details

  • ISBN-13: 9780198265795
  • Publisher: Oxford University Press, USA
  • Publication date: 11/28/1997
  • Edition description: Reprint
  • Edition number: 1
  • Pages: 528
  • Product dimensions: 9.10 (w) x 6.10 (h) x 1.20 (d)

Meet the Author

David Owen is Byrnes Scholar and Professor of Tort Law at the University of South Carolina. He is best known for his co-authorship of Prosser and Keeton on Torts and Products Liability and Safety, and he is currently working on additional books concerning the law of torts and products liability.

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Table of Contents

Foreword: Why Philosophy Matters to Tort Law, David G. Owen
I. The Nature and Realm of Tort Law and Philosophy
1. The Concept of a Civil Wrong. Peter Birks
2. The Practice of Corrective Justice. Jules L. Coleman
3. The Morality of Tort Law--Questions and Answers. Tony Honore
II. Principles and Values Underlying Tort Law
4. Wealth Maximization and Tort Law: A Philosophical Inquiry. Richard A. Posner
5. The Uneasy Place of Principle in Tort Law. George C. Christie
6. Tort Law in the Aristotelian Tradition. James Gordley
7. Rights, Justice, and Tort Law. Richard W. Wright
8. The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law. Izhak Englard
III. Philosophical Perspectives on Tort Law Problems
A. Responsibility and the Basis of Liability
9. Philosophical Foundations of Fault in Tort Law. David G. Owen
10. Intention in Tort Law. John Finnis
11. The Standards of Care in Negligence Law. Richard W. Wright
12. The Seriousness of Harm Thesis for Abnormally Dangerous Activities. Ken Kress
13. Aggregate Autonomy, the Difference Principle, and the Calabresian Approach in Products Liability. John B. Attanasio
B. Connecting Agency and Harm: Risk, Causation, and Damage
14. Risk, Harm, and Responsibility. Stephen R. Perry
15. Causation, Compensation, and Moral Responsibility. Christopher H. Schroeder
16. Necessary and Sufficient Conditions in Tort Law. Tony Honore
17. Moments of Carelessness and Massive Loss. Jeremy Waldron
18. Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice. Bruce Chapman
19. The Basis for Excluding Liability for Economic Loss in Tort Law. Peter Benson
C. Victim Responsibility for Harm
20. Contributory Negligence: Conceptual and Normative Issues. Kenneth W. Simons
Afterword: What Has Philosophy to Learn from Tort Law?, Bernard Williams

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