David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 1 (3):419 - 449 (1982)
This paper postulates that the proper function of tort law is to provide protection from, and redress of, non-consensual invasions of individual rights of person and property. It then proceeds to analyze and criticize, in that context, several theories of the law of unintentional torts including traditional English negligence law and the models of Posner, Fletcher and Epstein. That analysis proceeds in terms of the answers of each theory to a uniform set of questions which must be answered by any theory of the law of unintentional harms. The paper concludes that none of the theories examined is rights-based or, indeed, consistent with the existence of individual rights of person and property.The paper goes on to elucidate a theory of liability which is rights-based. That theory turns out to be variant of traditional English negligence law in which reasonable foreseeability of harm to legally recognized rights or interests is the sole criterion of liability, the burden of precautions on the agent of the harm being explicitly excluded from consideration.
|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
No citations found.
Similar books and articles
Jeff McMahan (2005). The Basis of Moral Liability to Defensive Killing. Philosophical Issues 15 (1):386–405.
Theodore M. Benditt (1982). Liability for Failing to Rescue. Law and Philosophy 1 (3):391 - 418.
David G. Owen (ed.) (1995). Philosophical Foundations of Tort Law. Oxford University Press.
Jules L. Coleman (1983). Moral Theories of Torts: Their Scope and Limits: Part II. [REVIEW] Law and Philosophy 2 (1):5 - 36.
Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.
J. Robert, S. Prichard & Alan Brudner (1983). Tort Liability for Breach of Statute: A Natural Rights Perspective. [REVIEW] Law and Philosophy 2 (1):89-117.
J. Robert S. Prichard & Alan Brudner (1983). Tort Liability for Breach of Statute: A Natural Rights Perspective. Law and Philosophy 2 (1):89 - 117.
Toby Handfield & Trevor Pisciotta (2005). Is the Risk–Liability Theory Compatible with Negligence Law? Legal Theory 11 (4):387-404.
Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
Added to index2009-01-28
Total downloads19 ( #202,612 of 1,911,418 )
Recent downloads (6 months)3 ( #251,182 of 1,911,418 )
How can I increase my downloads?