Torts, Egalitarianism and Distributive Justice

Tort / Personal Injury

Torts, Egalitarianism and Distributive Justice

By Tsachi Keren-Paz
Routledge November 2018

Specifications

ISBN-13
9780815398493
Publisher
Routledge
Publication
November 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book argues, from a normative perspective, for the incorporation of an egalitarian sensitivity into tort law, and more generally, into private law. It shows how an egalitarian sensitivity can reformulate tort doctrine, with an emphasis on the tort of negligence. Rather than a comprehensive descriptive account of existing tort law, this book pro-actively searches for new approaches and conceptual tools to meet the challenges faced by egalitarians. The understanding of tort law offered in this book will bring about better practical results in specific cases. It supports the progressive troops in the ongoing philosophical and social battles that take place in the field of tort law and also adds another voice - rich, nuanced and sensitive - to the chorus that is tort theory.

Table of Contents

Introduction
Theoretical Framework: Distributive justice
Egalitarianism
Tort law
Pulling the threads together. Normative Defence: Illegitimacy
Randomness
Excessive cost
Ineffectiveness. Applicatory Framework: The regressive nature of existing tort law
Levels of operation
Multiplicity of participants and entitlements
Direction of distributive result
Balancing egalitarianism with other policy considerations. Standard of Care: Insights from other approaches
Normative defence
Standard or duty?
Reformulating the standard of care
How does it work?
Incongruity with existing tort law. Duty of Care: The effects of egalitarianism on duty of care
Possible solutions to the problem of maternal prenatal duty
The egalitarian case against unconditional duty
Conditional duty. Discrimination as Negligence: Negligence and alternative responses to discrimination
The institutional inquiry
The conceptual and normative inquiries
Conclusion
Bibliography
Index.
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