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Philosophy and the law of torts / edited by Gerald J. Postema. electronic resource

Contributor(s): Material type: TextTextSeries: Cambridge studies in philosophy and lawPublication details: Cambridge, UK ; New York, NY : Cambridge University Press, 2001.Description: 1 online resource (336 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 0511066023
  • 9780511066023
  • 9780521622820
  • 0521622824
  • 9780511498671
  • 0511498675
  • 1280417390
  • 9781280417399
Subject(s): Additional physical formats: Print version:: Philosophy and the law of torts.DDC classification:
  • 346.03/01 22
LOC classification:
  • K923 .P49 2001eb
Other classification:
  • D913
Online resources:
Contents:
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.
Summary: 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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Holdings
Item type Current library Collection Call number URL Status Date due Barcode Item holds
e-book e-book KNCHR Library SharePoint Non-Fiction K923 .P49 2001eb (Browse shelf(Opens below)) Link to resource Available
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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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