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Philosophical Foundations of the Law of Torts

Edited by: John Oberdiek

ISBN13: 9780198701385
Published: March 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £120.00
Paperback edition , ISBN13 9780198824220



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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 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.

Subjects:
Tort Law, Jurisprudence
Contents:
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

Series: Philosophical Foundations of Law

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