Philosophical Foundations of the Law of Torts

The book is an intellectually fascinating collection of articles rethinking the law of torts in abstract, more philosophical terms.

Auteur
John Oberdiek is Professor at the Rutgers University School of Law. His 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 Human Values at Princeton.

Texte du rabat

This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.

Résumé
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 their distinct 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 between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

Contenu

INTRODUCTION ; 1. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory ; 2. Tort Law and Public Authorities ; 3. Tort and Crime ; 4. Tort Liability as Taking Responsibility ; 5. What is Tort Law For? Part 2: The Place of Distributive Justice ; 6. Corrective Justice and the Continuity Thesis ; 7. Strict Liability Wrongs ; 9. Contractualism and the Varieties of Outcome Responsibility ; 10. Corrective Justice as an Independent Ideal ; 11. Rights and Wrongs in Morality and Tort Law ; 12. The Tort Process as a Form of Amends ; 14. Tort Law and Desert ; 15. Consent and Assumption of Risk in Tort and Criminal Law ; 16. Wrongs Inside and Outside the Law of Torts ; 17. The Preemption Problem ; 18. Law's Moral Foundations and Content ; 19. Civil Recourse and the Tort/Crime Distinction ; 20. Business torts ; 21. Insurance ; 22. Law and Economics