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Risks and Wrongs

Out of Print

Part of Cambridge Studies in Philosophy and Law

Author: Jules L. Coleman, Yale University, Connecticut

Date Published: November 1992
availability: Unavailable - out of print April 2001
format: Paperback
isbn: 9780521428613

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Unavailable - out of print April 2001

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About the Authors

This major new 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 to liberal 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 divergent conceptions 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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Product details
- Date Published: November 1992
- format: Paperback
- isbn: 9780521428613
- length: 528 pages
- dimensions: 227 x 149 x 33 mm
- weight: 0.855kg
- availability: Unavailable - out of print April 2001
Table of Contents
Preface
Acknowledgements
Introduction
Part I. The Market Paradigm:
1. Rationality and cooperation
2. Competition and cooperation
3. Law and markets
4. Efficiency and market failure
Part II. Safeguard and Risks:
5. The rational agreement
6. Safeguarding
7. Calculus and contexts
8. Filling in the gaps
9. From contracts to torts
Part III. Rectifiable Wrongs:
10. The goals of tort law
11. Fault and strict liability
12. The ecomomic analysis of torts
13. Reciprocity of risk
14. Causation, responsibility, and strict liability
15. Liability and recovery
16. The mixed conception of corrective justice
17. Wrongfulness
18. Corrective justice and tort law
19. Justifiable departures from corrective justice
20. Product liability
21. Liberalism revisited
Notes
Index.
Author
Jules L. Coleman, Yale University, Connecticut