Philosophy And The Law Of Torts

Author : Gerald J. Postema
Publisher : Cambridge University Press
Page : 350 pages
File Size : 45,7 Mb
Release : 2001-11-19
Category : Philosophy
ISBN : 9781139441278

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Philosophy and the Law of Torts by Gerald J. Postema Pdf

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.

Author : John Oberdiek
Publisher : Unknown
Page : 464 pages
File Size : 55,8 Mb
Release : 2014-02
Category : Law
ISBN : 9780198701385

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Philosophical Foundations of the Law of Torts by John Oberdiek Pdf

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.

Author : David G. Owen
Publisher : Unknown
Page : 528 pages
File Size : 48,7 Mb
Release : 1995
Category : Law
ISBN : 9780198258476

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Philosophical Foundations of Tort Law by David G. Owen Pdf

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives fromAristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel.A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Author : Izhak Englard
Publisher : Dartmouth Publishing Company
Page : 338 pages
File Size : 55,6 Mb
Release : 1993
Category : Law
ISBN : STANFORD:36105044804420

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The Philosophy of Tort Law by Izhak Englard Pdf

There are three pairs of concepts which dominate the contemporary discussion concerning tort law: moral responsibility and social utility; corrective and distributive justice; and strict liability and fault. This text analyzes these concepts and examines their use in the liability context.

Author : Arthur Ripstein
Publisher : Harvard University Press
Page : 328 pages
File Size : 54,7 Mb
Release : 2016-04-05
Category : Law
ISBN : 9780674659803

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Private Wrongs by Arthur Ripstein Pdf

Tort law recognizes the many ways one person wrongs another. Arthur Ripstein brings coherence to torts’ diversity in a philosophically grounded, analytically powerful theory. He shows that all torts violate the basic moral idea that each person is in charge of his or her own person and property, and never in charge of another’s person or property.

Author : M.E. Bayles,Bruce Chapman
Publisher : Springer Science & Business Media
Page : 290 pages
File Size : 46,7 Mb
Release : 1983-08-31
Category : Philosophy
ISBN : 9027716390

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Justice, Rights, and Tort Law by M.E. Bayles,Bruce Chapman Pdf

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Author : John C. P. Goldberg,Benjamin C. Zipursky
Publisher : Belknap Press
Page : 393 pages
File Size : 53,7 Mb
Release : 2020
Category : Torts
ISBN : 9780674241701

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Recognizing Wrongs by John C. P. Goldberg,Benjamin C. Zipursky Pdf

"Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Author : William Lucy,Willliam Lucy
Publisher : Clarendon Law
Page : 453 pages
File Size : 43,9 Mb
Release : 2007
Category : Law
ISBN : 9780198700685

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Philosophy of Private Law by William Lucy,Willliam Lucy Pdf

In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.

Author : Ugo Pagallo
Publisher : Springer Science & Business Media
Page : 200 pages
File Size : 41,8 Mb
Release : 2013-05-16
Category : Law
ISBN : 9789400765641

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The Laws of Robots by Ugo Pagallo Pdf

This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.

Author : M.E. Bayles,Bruce Chapman
Publisher : Springer Science & Business Media
Page : 275 pages
File Size : 42,5 Mb
Release : 2012-12-06
Category : Philosophy
ISBN : 9789400972032

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Justice, Rights, and Tort Law by M.E. Bayles,Bruce Chapman Pdf

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,6 Mb
Release : 2020
Category : Electronic
ISBN : 0433504889

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INTRODUCTION TO THE CANADIAN LAW OF TORTS. by Anonim Pdf

Author : Robert Stevens
Publisher : OUP Oxford
Page : 416 pages
File Size : 47,7 Mb
Release : 2007-09-06
Category : Law
ISBN : 9780191021633

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Torts and Rights by Robert Stevens Pdf

The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.

Author : Kenneth D. Cooper-Stephenson
Publisher : Captus Press
Page : 448 pages
File Size : 44,9 Mb
Release : 1993
Category : Damages
ISBN : 0921801874

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Tort Theory by Kenneth D. Cooper-Stephenson Pdf

Author : Keith N. Hylton
Publisher : Cambridge University Press
Page : 465 pages
File Size : 40,8 Mb
Release : 2016-06-06
Category : Law
ISBN : 9781107125322

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Tort Law by Keith N. Hylton Pdf

This book modernizes the traditional tort law textbook by combining in-depth analysis of policy with detailed discussion of legal doctrine.

Author : Ernest J. Weinrib
Publisher : OUP Oxford
Page : 368 pages
File Size : 50,8 Mb
Release : 2012-09-20
Category : Law
ISBN : 9780191636387

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Corrective Justice by Ernest J. Weinrib Pdf

Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.