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 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
