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Philosophical Foundations of the Law of Torts

Philosophical Foundations of the Law of Torts

Author: John Oberdiek
Publisher: Oxford University Press
ISBN: 9780198824220

Published In: May 2018
Format: Paperback , 464 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780198701385

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Provide a snapshot of cutting edge work in tort law theory, offering a roadmap of the main debates and current issues in the field
Contains specially commissioned, all new essays by emerging and established scholars from a range of backgrounds including lawyers examining doctrinal theory and philosophers working on tort's moral foundations
Examines central puzzles in understanding the law of torts, including the role of responsibility and strict liability, the place of corrective justice in tort's moral foundations, and the role of law and economics in tort theory

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.

Readership: Legal and moral philosophers, academics and advanced students in tort law.

IntroductionJohn Oberdiek:
1: Larry Alexander & Kimberly Kessler Ferzan: Confused Culpability, Contrived Causation, and the Collapse of Tort Theory
2: Peter Cane: Tort Law and Public Authorities
3: RA Duff: Tort and Crime
4: David Enoch: Tort Liability as Taking Responsibility
5: John Gardner: What is Tort Law For? Part 2: The Place of Distributive Justice
6: Scott Hershovitz: Corrective Justice and the Continuity Thesis
7: Gregory Keating: Strict Liability Wrongs
9: Rahul Kumar: Contractualism and the Varieties of Outcome Responsibility
10: John Oberdiek: Corrective Justice as an Independent Ideal
11: Stephen Perry: Rights and Wrongs in Morality and Tort Law
12: Linda Radzik: The Tort Process as a Form of Amends
14: Hanoch Sheinman: Tort Law and Desert
15: Ken Simons: Consent and Assumption of Risk in Tort and Criminal Law
16: Robert Stevens: Wrongs Inside and Outside the Law of Torts
17: Victor Tadros: The Preemption Problem
18: Richard Wright: Law's Moral Foundations and Content
19: Benjamin Zipursky & John Goldberg: Civil Recourse and the Tort/Crime Distinction
20: Eric Claeys: Business torts
21: Adam Scales: Insurance

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.

Contributors:
Larry Alexander, University of San Diego
Kimberly Kessler Ferzan, Rutgers School of Law
Peter Cane, Australian National University
RA Duff, University of Minnesota
David Enoch, The Hebrew University of Jerusalem
John Gardner, University of Oxford
Scott Hershovitz, University of Michigan Law School
Gregory Keating, University of Southern California
Rahul Kumar, Queen's University, Canada
John Oberdiek, Rutgers School of Law
Stephen Perry, University of Pennsylvania
Linda Radzik, Texas A&M University
Hanoch Sheinman, Bar-Ilan University
Ken Simons, Boston University School of Law
Robert Stevens, University of Oxford
Victor Tadros, University of Warwick
Richard Wright, Illinois Institute of Technology
Benjamin Zipursky, Fordham University of New York
John Goldberg, Harvard Law School
Eric Claeys, George Mason University
Adam Scales, Rutgers Law School
Mark Geistfeld, New York University