Philosophical Foundations of the Law of Torts

by John Oberdiek (Editor)

Overview

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.

Product Details

ISBN-13:	9780191005084
Publisher:	OUP Oxford
Publication date:	03/20/2014
Series:	Philosophical Foundations of Law
Sold by:	Barnes & Noble
Format:	eBook
Pages:	488
File size:	2 MB

About the Author

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.

Table of Contents

Introduction, John Oberdiek1. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory, Larry Alexander & Kimberly Kessler Ferzan2. Tort Law and Public Authorities, Peter Cane3. Tort and Crime, RA Duff4. Tort Liability as Taking Responsibility, David Enoch5. What is Tort Law For? Part 2: The Place of Distributive Justice, John Gardner6. Corrective Justice and the Continuity Thesis, Scott Hershovitz7. Strict Liability Wrongs, Gregory Keating9. Contractualism and the Varieties of Outcome Responsibility, Rahul Kumar10. Corrective Justice as an Independent Ideal, John Oberdiek11. Rights and Wrongs in Morality and Tort Law, Stephen Perry12. The Tort Process as a Form of Amends, Linda Radzik14. Tort Law and Desert, Hanoch Sheinman15. Consent and Assumption of Risk in Tort and Criminal Law, Ken Simons16. Wrongs Inside and Outside the Law of Torts, Robert Stevens17. The Preemption Problem, Victor Tadros18. Law's Moral Foundations and Content, Richard Wright19. Civil Recourse and the Tort/Crime Distinction, Benjamin Zipursky & John Goldberg20. Business torts, Eric Claeys21. Insurance, Adam Scales22. Law and Economics, Mark Geistfeld

Editorial Reviews

"Indeed, John Oberdiek has assembled nineteen thoughtful essays and provided an extremely helpful introduction, which together make an important contribution to the ongoing enterprise of understanding and evaluating tort law (and private law, more generally)."- Avihay Dorfman, Senior Lecturer in Law, Tel-Aviv University Faculty of Law

"It does not seem difficult to predict that in years to come the collection will be read with the same enthusiasm that its predecessor was read in its time. A remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law." - Alberto Pino-Emhart, Modern Law Review

"The book is an intellectually fascinating collection of articles rethinking the law of torts in abstract, more philosophical terms." - Nils Jansen, Journal of European Tort Law

From the Publisher