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Look Inside Philosophy and the Law of Torts

Philosophy and the Law of Torts

Part of Cambridge Studies in Philosophy and Law

Editor: Gerald J. Postema, University of North Carolina, Chapel Hill

Gerald J. Postema, Gregory C. Keating, Stephen R. Perry, Martin Stone, Jules Coleman, Arthur Ripstein, Benjamin C. Zipursky, Mark Geistfeld, Bruce Chapman

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Date Published: September 2007
availability: Available
format: Paperback
isbn: 9780521041751

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About the Authors

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
- There has been little philosophical reflection on tort law; this collection fills a void
- Leading and well-known legal theorists address not just tort law but broad concepts such as justice, responsibility, and fault
- Will appeal to people outside the philosophy of law in such subjects as social theory and political theory
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Product details
- Date Published: September 2007
- format: Paperback
- isbn: 9780521041751
- length: 348 pages
- dimensions: 228 x 151 x 19 mm
- weight: 0.516kg
- availability: Available
Table of Contents
Contributors
1. Introduction: search for an explanatory theory of torts Gerald J. Postema
2. A social contract conception of the tort law of accidents Gregory C. Keating
3. Responsibility for outcomes, risk and the law of torts Stephen R. Perry
4. The significance of doing and suffering Martin Stone
5. Tort law and tort theory: preliminary reflections on method Jules Coleman
6. Corrective justice in an age of mass torts Arthur Ripstein and Benjamin C. Zipursky
7. Economics, moral philosophy and the positive analysis of tort law Mark Geistfeld
8. Pluralism in tort and accident law: towards a reasonable accommodation Bruce Chapman
References
Index.
Look Inside
Editor
Gerald J. Postema, University of North Carolina, Chapel Hill
Contributors
Gerald J. Postema, Gregory C. Keating, Stephen R. Perry, Martin Stone, Jules Coleman, Arthur Ripstein, Benjamin C. Zipursky, Mark Geistfeld, Bruce Chapman