Risks and Wrongs

Paperback | September 1, 2002

byJules L. Coleman

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This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central toliberal political, moral, and legal theory. In the first part of the book, he rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergentconceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.

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This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central toliberal political, moral, and legal theory....

Jules L. Coleman is Wesley Newcomb Hohfeld Professor of Jurisprudence and the Philosophy of Law, Yale University.
Format:PaperbackDimensions:526 pages, 9.21 × 6.14 × 1.07 inPublished:September 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199253617

ISBN - 13:9780199253616

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Table of Contents

Part I. The Market Paradigm1. Rationality and Cooperation2. Competition and Cooperation3. Law and Markets4. Efficiency and Market FailurePart II. Safeguard and Risks5. The Rational Agreement6. Safeguarding7. Calculus and Contexts8. From Contracts to TortsPart III. Rectifiable Wrongs9. The Goals of Tort Law10. Fault and Strict Liability11. The Ecomomic Analysis of Torts12. Reciprocity of Risk13. Causation, Responsibility, and Strict Liability14. Liability and Recovery15. The Mixed Conception of Corrective Justice16. Wrongfulness17. Corrective Justice and Tort Law18. Justifiable Departures From Corrective Justice19. Product Liability20. Liberalism RevisitedNotesIndex