Philosophy and the law of torts / edited by Gerald J. Postema. electronic resource
Material type:
- text
- computer
- online resource
- 0511066023
- 9780511066023
- 9780521622820
- 0521622824
- 9780511498671
- 0511498675
- 1280417390
- 9781280417399
- 346.03/01 22
- K923 .P49 2001eb
- D913
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KNCHR Library SharePoint | Non-Fiction | K923 .P49 2001eb (Browse shelf(Opens below)) | Link to resource | Available |
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K670 .L39 2002eb The law and economics of marriage and divorce / | K920 .U555 2002eb Unjustified enrichment : | K923 .L48 2008 Tort wars | K923 .P49 2001eb Philosophy and the law of torts / | K967.5 .W45 2002 Remedies against international organisations | K1401 .I5828 2007 The interface between intellectual property rights and competition policy | K1420.5 .S48 2006 The internationalisation of copyright law : |
Series statement on jacket.
Includes bibliographical references (pages 323-333) and index.
1. Introduction: search for an explanatory theory of Torts by Gerald J. Postema -- 2. A social contract conception of the Tort law of accidents by Gregory C. Keating -- 3. Responsibility for outcomes, risk, and the Law of Torts by Stephen R. Perry -- 4. The significance of doing and suffering by Martin Stone -- 5. Tort law and Tort theory: preliminary reflections on method by Jules Coleman -- 6. Corrective justice in an age of Mass Torts by Arthur Ripstein and Benjamin C. Zipursky -- 7. Economics, moral philosophy, and the positive analysis of Tort Law by Mark Geistfeld -- 8. Pluralism in Tort and accident law: towards a reasonable accommodation by Bruce Chapman.
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
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