David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
It is hard to think of any contemporary writers who have done more than John Goldberg and Ben Zipursky to reassert and reinvigorate what might be called the classical interpretation of the common law of torts. I, for one, am greatly in their debt. They have taught me a great deal, not only about torts but also about how to combine legal argument felicitously with philosophical insight and historical scholarship. Like them, and partly because of them, I believe that the classical interpretation is the correct one. Other familiar ways of explaining what is going on in the common law of torts, while often illuminating in their own ways, are parasitic. They rely on the classical interpretation, often surreptitiously, for their appeal or even their intelligibility
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
R. A. Duff (2014). Towards a Modest Legal Moralism. Criminal Law and Philosophy 8 (1):217-235.
Similar books and articles
John Gardner (2011). What is Tort Law For? Part 1. The Place of Corrective Justice. Law and Philosophy 30 (1):1-50.
Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.
Peter Cane (2004). Gerald J. Postema, Ed., Philosophy and the Law of Torts:Philosophy and the Law of Torts. Ethics 114 (2):368-372.
Christopher J. Robinette, Can There Be a Unified Theory of Torts? A Pluralist Suggestion From History and Doctrine.
John C. P. Goldberg & Benjamin C. Zipursky (2012). Rights and Responsibility in the Law of Torts. In Donal Nolan & Andrew Robertson (eds.), Rights and Private Law. Hart Pub..
William Lucy (2007). Philosophy of Private Law. Oxford University Press.
Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
Jules L. Coleman (1983). Moral Theories of Torts: Their Scope and Limits: Part II. [REVIEW] Law and Philosophy 2 (1):5 - 36.
Giovanni Sartor (2009). Cognitive Automata and the Law: Electronic Contracting and the Intentionality of Software Agents. [REVIEW] Artificial Intelligence and Law 17 (4):253-290.
Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.
Hannu Tapani Klami, Johanna Sorvetulla & Minna Hatakka (1991). Evidence and Legal Reasoning: On the Intertwinement of the Probable and the Reasonable. [REVIEW] Law and Philosophy 10 (1):73 - 107.
Avihay Dorfman (2010). Can Tort Law Be Moral? Ratio Juris 23 (2):205-228.
Jules L. Coleman (1993). Contracts and Torts. Law and Philosophy 12 (1):71 - 93.
Added to index2012-06-15
Total downloads12 ( #147,425 of 1,679,364 )
Recent downloads (6 months)2 ( #112,124 of 1,679,364 )
How can I increase my downloads?