Philosophical foundations of tort law ebook, 1997 worldcat. Philosophical foundations of the law of torts ebook, 2014. Philosophical foundations of the law of torts philosophical. Oberdiek, philosophical foundations of tort law oxford university press philosophical foundations of tort law english buy philosophical foundations of tort law english by owen, david g. A provocative closing essay by one of the worlds leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of. Philosophical foundations of the law of torts by john. Philosophical foundations of fault in tort law by david g. Provide a snapshot of cutting edge work in tort law theory, offering a roadmap of the main debates and current issues in the field. Read philosophical foundations of human rights philosophical foundations of law online, read in mobile or kindle.
Consent and assumption of risk in tort and criminal law, ken simons 16. Laws moral foundations and content, richard wright 19. The other main branches are contract, property, and restitution sometimes known as unjust enrichment. Philosophical foundations of criminal law notre dame. Philosophical foundations of tort law under the publishers. Philosophical foundations of the law of torts john. Yet the implication is not that the pursuit of distributive justice is the pursuit of a goal extrinsic to tort law in the sense. Philosophical foundations of the law of torts john oberdiek. Mar 20, 2014 a remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law. The old and new philosophical foundations of tort law.
Confused culpability, contrived causation, and the collapse of tort theory larry alexander and kimberly kessler ferzan. Tort theory today is an exceptionally active and w. A remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law. In particular, i shall mention two kinds of consequence. This is truly a multinational production, with contributions from several distinguished oxford scholars of law and philosophy and many prominent scholars from the. Philosophical foundations of tort law oxford scholarship. Philosophical foundations of tort law paperback david. Buy philosophical foundations of tort law new ed by owen, david g. May 31, 2019 philosophical foundations of tort law this exceptional collection of twentytwo essays on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this particularly fascinating conjunction of law and philosophy. Mark gesitfeld, compensation as a tort norm, in philosophical foundations of the law of torts john oberdiek ed. Hart meant his remark to apply to institutions other than criminal law, and it can certainly be applied to tort law. In it, oberdiek offers a careful, original, and important. The contributions range broadly, from inquiries into how tort law derives from aristotle, aquinas, and kant to the latest economic and rightsbased theories of legal responsibility. Philosophical foundations of criminal law, however, is not principally intended as a systematic treatment of these four topics.
Philosophical foundations of tort law owen, david g. David owen school of law university of south carolina. Philosophical foundations of fault in tort law \ david g. Read philosophical foundations of the law of torts by available from rakuten kobo. Tort theory today is an exceptionally active and wideranging branch of legal philosophy. Analyzing these four prevailing arguments against the amoral and, in regard to some, antimoral character of tort law, i shall seek to show that the normative structure of tort law can. Philosophers of law are also concerned with a variety of philosophical problems that arise in particular legal subjects, such as constitutional law, contract law, criminal law, and tort law. Philosophical foundations of the law of torts 272, j. Theories of the common law of torts stanford encyclopedia of. The standards of care in negligence law, in philosophical foundations of tort law d. Philosophical foundations of tort law 1st edition by david g. According to hart, at least six questions about punishment need to be answered separately. Tort theory today is an exceptionally active and wide ranging field within legal. Pdf philosophical foundations of human rights philosophical.
Philosophical foundations of the law of torts oxford. 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. Rather than assigning discrete subtopics to writers, the editors asked the group of wellknown criminal theorists to submit original essays and organized the results as best they could into coherent topics. First, a metatheoretical distinction between the laws selfpresentation and a commitment to epiphenomenalism. First, a metatheoretical distinction between the laws selfpresentation and. Philosophical foundations of tort law under the publisher. Philosophical foundations of the law of torts philosophical foundations of law john oberdiek. Download philosophical foundations of human rights philosophical foundations of law ebook free in pdf and epub format. George mason university law and economics research paper series. Tort law in the aristotelian tradition by james gordley. It would therefore be appropriate to suspect that their omission might have some troubling consequences for the volumes own ambition to deepen and broaden our understanding of tort laws philosophical foundations. Philosophical foundations of the law of torts edited by john oberdiek philosophical foundations of law.
Part 2 will presuppose and rely on the main findings of what is tort law for. Philosophical foundations of the law of torts ebook by. Civil recourse and the tortcrime distinction, benjamin zipursky. Tort theory today is an exceptionally active and wide ranging field. Gregory keatingfor more than a decade, mark geistfeld has been developing an original and sophisticated theory of tort. And almost every one of them is extremely helpful in understanding the rationales, if any, behind these concepts. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. Representing angloamerican scholarship from both sides of the atlantic equally, it is less a work for the ages than a. Everyday low prices and free delivery on eligible orders. In sum, philosophical foundations of criminal law is a collection of strong theoretical essays on some traditional, and some not so traditional, issues of criminal law. Structure and justification in contractualist tort theory 6. Oxford university press 1995 abstract this collection of original essays on the theory of tort law brings.
Tort law in the aristotelian tradition \ james gordley 7. Confused culpability, contrived causation, and the collapse. Civil wrongs and justice in private law oxford, 2020 collection of new essays in private law theory, coedited with paul miller philosophical foundations of the law of torts oxford, 2014 collection of new essays in tort theory, appearing in the oxford philosophical foundations of law series. In addition to serving as the editor of philosophical foundations of the law of torts oup 2014, john oberdiek has provided his own contribution, an excellent and penetrating chapter entitled structure and justification in contractualist tort theory. This collection of original essays on the theory of. This chapter tries to unravel some of the questions and to suggest some answers.
Philosophical foundations of tort law legal outlet. Oxford university press uk 2014 authors john oberdiek rutgers university new brunswick abstract this book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. Chapter for the philosophical foundations of the law of torts, john oberdiek, ed. Almost every single essay is about the philosophical foundations or lack thereof of the concepts of tort law.
It has contributions from all over the world and represents the. This collection of 22 chapters on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this conjunction of law and philosophy. The old and new philosophical foundations of tort law pino. Read the fulltext online edition of philosophical foundations of tort law 1995. Section 1 offers a brief overview of tort law and tort theory. Hart and tony honores causation in the law in 1959, and the relationship has never been better. Jun 01, 2019 philosophical foundations of tort law this collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. As the first volume in the series philosophical foundations of international criminal law, the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law. Philosophical foundations of the law of torts paperback john. Oxford university press 1995 abstract this collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development.
The book included works from leading corrective justice scholars such. 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. Pdf new philosophical foundations of tort law avihay. The everengaging topic of causation is the subject of one cluster of essays. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas. Theories of the common law of torts stanford encyclopedia. The standards of care in negligence law by richard w. This exceptional collection of twentytwo essays on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this particularly fascinating conjunction of law and philosophy. David owen is the carolina distinguished professor of law emeritus at the university of south carolina where he was the director of the office of tort law studies and taught courses and seminars on tort law, tort theory, and products liability law. Professor geistfelds work has been characterized by a remarkable and admirable confluence of four characteristics. The old and new philosophical foundations of tort law the. In this critical piece i take stock of current understandings of five basic distinctions in the theoretical study of tort law. In 1995, david owen offered a prolific collection of essays on the philosophical foundations of tort law. Philosophical foundations of the law of torts hardcover.
Although it is a requirement of the course that you have studied contract, tort and criminal law already, detailed knowledge of the case law in these fields is not necessary. Philosophical foundations of tort law, 1995 online research. Owen, philosophical foundations of fault in tort law, in philosophical foundations of tort law 201, 22426 david g. This volume of nineteen original chapters showcases the latest work by established and emerging tort. Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the. Contemporary philosophy and tort law have enjoyed a happy union at least since the publication of h. Buy philosophical foundations of the law of torts philosophical foundations of law by oberdiek, john isbn. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas, and immanuel kant to the latest economic and rightsbased theories of legal responsibility. The contributions here range from law and economics to the latest in rightsbased theories. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas, and immanuel kant to the latest economic and rightsbased theories.
Contemporary philosophy and tort law have long enjoyed a happy union. Philosophical foundations of law provide a snapshot of cutting edge work in tort law theory, offering a roadmap of the main debates and current issues in the field contains specially commissioned, all new essays by emerging and established scholars from a range of backgrounds including lawyers examining doctrinal theory and philosophers working. There are nineteen essays in this volume, all by heavy hitters among todays legal theorists. A closing chapter illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to a concrete test in the legal resolution of. Philosophical foundations of the law of torts hardcover john. Wrongs inside and outside the law of torts, robert stevens 17. The idea of complementarity as a philosophical basis for pluralism in tort law by izhak englard. This title offers a rich insight into the law of torts and will be of broad interest to those working in legal and moral philosophy. John goldberg and i have a coauthored chapter in the volume. This collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. This module introduces you to philosophical debates in the core common law areas of contract, tort and criminal law. Confused culpability, contrived causation, and the.
Philosophical foundations of tort law, 1995 online. To this extent, the philosophical foundations of the law of torts john oberdiek ed. Owen, philosophical foundations of tort law oxford. Oup 2014 provides a collection of illuminating essays. First, a metatheoretical distinction between the laws selfpresentation and a commitment to. A philosophical inquiry, in philosophical foundations of tort law, david owens eds. The idea of complementarity as a philosophical basis for pluralism in tort law \ izhak englard 9. Section 2 discusses economic analysis, which is the historically dominant tort theory and the primary foil for philosophical perspectives on tort law.
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