9780199253616

Risks and Wrongs

by
  • ISBN13:

    9780199253616

  • ISBN10:

    0199253617

  • Format: Paperback
  • Copyright: 2002-11-01
  • Publisher: Oxford Univ Pr

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Summary

This classic book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central toliberal political, moral, and legal theory. In the first part of the book, he rejects traditional rational choice liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergentconceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.

Table of Contents

Preface ix
Acknowledgments xiii
Introduction 1(16)
Part I: The market paradigm
Rationality and cooperation
17(27)
Competition and cooperation
44(29)
Law and markets
73(14)
Efficiency and market failure
87(18)
Part II: Safeguard and risks
The rational agreement
105(17)
Safeguarding
122(19)
Calculus and contexts
141(23)
Filling in the gaps
164(19)
From contracts to torts
183(14)
Part III: Rectifiable wrongs
The goals of tort law
197(15)
Fault and strict liability
212(22)
The economic analysis of torts
234(18)
Reciprocity of risk
252(18)
Causation, responsibility, and strict liability
270(15)
Liability and recovery
285(18)
The mixed conception of corrective justice
303(26)
Wrongfulness
329(32)
Corrective justice and tort law
361(25)
Justifiable departures from corrective justice
386(21)
Product liability
407(23)
Liberalism revisited
430(11)
Notes 441(58)
Index 499

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