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Philosophical Foundations of the Law of Torts

9780198824220
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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.

Category:
Humanities
Cover:
Paperback
Edition Number:
1
ISBN:
9780198824220
Pages:
464
Author:
Oberdiek John
Publisher:
OXFORD UNIVERSITY PRESS
Release Year:
2018

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.

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 Case of 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, Larry Alexander and Kimberly Kessler Ferzan

Bibliography

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