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9780198265795

Philosophical Foundations of Tort Law

by Owen, David G.
  • ISBN13:

    9780198265795

  • ISBN10:

    0198265794

  • Format: Paperback
  • Copyright: 1997-11-06
  • Publisher: Clarendon Press

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Summary

This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal responsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Author Biography


David Owen is Byrnes Scholar and Professor of Tort Law at the University of South Carolina. He is best known for his co-authorship of Prosser and Keeton on Torts and Products Liability and Safety, and he is currently working on additional books concerning the law of torts and products liability.

Table of Contents

Foreword: Why Philosophy Matters to Tort Law
The Nature and Realm of Tort Law and Philosophy
The Concept of a Civil Wrong
The Practice of Corrective Justice
The Morality of Tort Law--Questions and Answers
Principles and Values Underlying Tort Law
Wealth Maximization and Tort Law: A Philosophical Inquiry
The Uneasy Place of Principle in Tort Law
Tort Law in the Aristotelian Tradition
Rights, Justice, and Tort Law
The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law
Philosophical Perspectives on Tort Law Problems
Responsibility and the Basis of Liability
Philosophical Foundations of Fault in Tort Law
Intention in Tort Law
The Standards of Care in Negligence Law
The Seriousness of Harm Thesis for Abnormally Dangerous Activities
Aggregate Autonomy, the Difference Principle, and the Calabresian Approach in Products Liability
Connecting Agency and Harm: Risk, Causation, and Damage
Risk, Harm, and Responsibility
Causation, Compensation, and Moral Responsibility
Necessary and Sufficient Conditions in Tort Law
Moments of Carelessness and Massive Loss
Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice
The Basis for Excluding Liability for Economic Loss in Tort Law
Victim Responsibility for Harm
Contributory Negligence: Conceptual and Normative Issues
Afterword: What Has Philosophy to Learn from Tort Law?
Table of Contents provided by Publisher. All Rights Reserved.

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