Philosophical issues in tort law

Philosophy Compass 3 (4):734-748 (2008)
The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.
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DOI 10.1111/j.1747-9991.2008.00156.x
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References found in this work BETA
Thomas Scanlon (1998). What We Owe to Each Other. Belknap Press of Harvard University Press.
John Rawls (2009/2005). A Theory of Justice. In Steven M. Cahn (ed.), Philosophy and Rhetoric. Oxford University Press 133-135.

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