Full Description
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.
Contents
INTRODUCTION: PHILOSOPHICAL FOUNDATIONS OF THE LAW OF TORTS ; PART I: FOUNDATIONS OF TORT LAW ; 1. Tort Law and Responsibility ; 2. Torts, Rights, and Risk ; 3. Compensation as a Tort Norm ; 4. Tort as a Substitute for Revenge ; 5. Structure and Justification in Contractualist Tort Theory ; 6. On the "Property" and the "Tort" in Trespass ; 7. Tort Law and Public Functions ; PART II: HARMS, WRONGS, RESPONSIBILITY, AND LIABILITY ; 8. What Might have Been ; 9. Why Reparations? ; 10. Repairing Harms and Answering for Wrongs ; 11. Tort Processes and Relational Repair ; 12. Tort Liability and Taking Responsibility ; 13. Exploring the Relationship Between Consent, Assumption of Risk, and Victim Negligence ; 14. Strict Liability Wrongs ; 15. Normative Theories of Punitive Damages: The Case of Deterrence ; PART III: DISTRIBUTIVE JUSTICE IN TORT LAW ; 16. What is Tort Law For? Part 2. The Place of Distributive Justice ; 17. Tort Law and Distributive Justice ; PART IV: SKEPTICAL PERSPECTIVES ; 18. Finding No Fault With Negligence ; 19. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory ; BIBLIOGRAPHY
