Philosophical Foundations of the Law of Torts

Hardcover | March 26, 2014

EditorJohn Oberdiek

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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 theirdistinct 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 betweenresponsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

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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 theirdistinct perspective to the philosophical pro...

John Oberdiek is Professor at the Rutgers University School of Law. He 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 ...

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Format:HardcoverDimensions:480 pagesPublished:March 26, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198701381

ISBN - 13:9780198701385

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Table of Contents

John Oberdiek: Introduction1. Larry Alexander and Kimberly Kessler Ferzan: Confused Culpability, Contrived Causation, and the Collapse of Tort Theory2. Peter Cane: Tort Law and Public Authorities3. RA Duff: Tort and Crime4. David Enoch: Tort Liability as Taking Responsibility5. John Gardner: What is Tort Law For? Part 2: The Place of Distributive Justice6. Scott Hershovitz: Corrective Justice and the Continuity Thesis7. Gregory Keating: Strict Liability Wrongs9. Rahul Kumar: Contractualism and the Varieties of Outcome Responsibility10. John Oberdiek: Corrective Justice as an Independent Ideal11. Stephen Perry: Rights and Wrongs in Morality and Tort Law12. Linda Radzik: The Tort Process as a Form of Amends14. Hanoch Sheinman: Tort Law and Desert15. Ken Simons: Consent and Assumption of Risk in Tort and Criminal Law16. Robert Stevens: Wrongs Inside and Outside the Law of Torts17. Victor Tadros: The Preemption Problem18. Richard Wright: Law's Moral Foundations and Content19. Benjamin Zipursky and John Goldberg: Civil Recourse and the Tort/Crime Distinction20. Eric Claeys: Business torts21. Adam Scales: Insurance22. Mark Geistfeld: Law and Economics