Imposing Risk: A Normative Framework

Hardcover | April 18, 2017

byJohn Oberdiek

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We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we imposerisk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights these important but neglected questions and offers novel answers to them in a systematic way,constructing a normative framework of risk imposition that draws upon a wide range of insights from diverse sources within philosophy and legal theory.Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and internationalrealms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse traditions of thought but always with an emphasison rigour and originality. It sets the standard in contemporary jurisprudence.

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We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we imposerisk upon others, what is it that we are do...

John Oberdiek is Professor of Law and Director of Faculty Research at the Rutgers School of Law - Camden. He is also Associate Graduate Faculty in the Rutgers-New Brunswick Department of Philosophy and Co-Director of the Rutgers Institute for Law and Philosophy. Educated in philosophy and law at Middlebury, Oxford, New York Universit...

other books by John Oberdiek

Format:HardcoverDimensions:235 pages, 9.21 × 6.14 × 0.98 inPublished:April 18, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199594058

ISBN - 13:9780199594054

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Table of Contents

Introduction1. The Nature of Risk Imposition2. The Moral Significance of Risking3. Towards a Right Against Risking4. Principles of Permissible Risking5. The Law of Negligence6. The Regulation of Risk