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.

Full Product Details

Author:   John Oberdiek (Professor of Law, Professor of Law, Rutgers University)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.70cm , Height: 3.70cm , Length: 25.30cm
Weight:   0.966kg
ISBN:  

9780198701385

ISBN 10:   0198701381
Pages:   464
Publication Date:   20 March 2014
Audience:   College/higher education ,  Postgraduate, Research & Scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

"Introduction: Philosophical Foundations of the Law of TortsJohn Oberdiek: Part I: Foundations of Tort Law 1: John C.P. Goldberg and Benjamin C. Zipursky: Tort Law and Responsibility 2: Stephen Perry: Torts, Rights, and Risk 3: Mark A. Geistfeld: Compensation as a Tort Norm 4: Scott Hershovitz: Tort as a Substitute for Revenge 5: John Oberdiek: Structure and Justification in Contractualist Tort Theory 6: Eric R. Claeys: On the ""Property"" and the ""Tort"" in Trespass 7: Peter Cane: Tort Law and Public Functions Part II: Harms, Wrongs, Responsibility, and Liability 8: Victor Tadros: What Might have Been 9: Rahul Kumar: Why Reparations? 10: R.A. Duff: Repairing Harms and Answering for Wrongs 11: Linda Radzik: Tort Processes and Relational Repair 12: David Enoch: Tort Liability and Taking Responsibility 13: Kenneth W. Simons: Exploring the Relationship Between Consent, Assumption of Risk, and Victim Negligence 14: Gregory C. Keating: Strict Liability Wrongs 15: Anthony J. Sebok: Normative Theories of Punitive Damages: The Case of Deterrence Part III: Distributive Justice in Tort Law 16: John Gardner: What is Tort Law For? Part 2. The Place of Distributive Justice 17: Hanoch Sheinman: Tort Law and Distributive Justice Part IV: Skeptical Perspectives 18: Heidi M. Hurd: Finding No Fault With Negligence 19: Larry Alexander and Kimberly Kessler Ferzan: Confused Culpability, Contrived Causation, and the Collapse of Tort Theory Bibliography"

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, Notre Dame Philosophical 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, Notre Dame Philosophical Reviews

Author Information

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.

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