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Philosophy and the Law of Torts : Cambridge Studies in Philosophy and Law - Gerald J. Postema

Philosophy and the Law of Torts

Cambridge Studies in Philosophy and Law

By: Gerald J. Postema (Editor)

Hardcover Published: 4th January 2011
ISBN: 9780521622820
Number Of Pages: 348

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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.

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"In addition to stellar authors' credentials, Philosophy and the Law of Torts contains stellar scholarship." Philosophy in Review

Introduction: search for an explanatory theory of torts Gerald J. Postema
A social contract conception of the tort law of accidents Gregory C. Keating
Responsibility for outcomes, risk and the law of torts Stephen R. Perry
The significance of doing and suffering Martin Stone
Tort law and tort theory: preliminary reflections on method Jules Coleman
Corrective justice in an age of mass torts Arthur Ripstein and Benjamin C. Zipursky
Economics, moral philosophy and the positive analysis of tort law Mark Geistfeld
Pluralism in tort and accident law: towards a reasonable accommodation Bruce Chapman
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521622820
ISBN-10: 0521622824
Series: Cambridge Studies in Philosophy and Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 348
Published: 4th January 2011
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.2  x 2.4
Weight (kg): 0.68