David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper is devoted to a complex set of issues relating to the functions of tort law in distinguishing acceptable and unacceptable risks. Often, such risks are brought about by deliberate organisational design choice. On many occasions, legislators and courts are called upon to assess which of these design choices are acceptable and which are not. By evaluating a number of recent legislative drafts and proposals I present an out-line of what seems to be becoming a standard of ‘organisational liability’ for organ-isational failure. Moreover, I put forward a threefold typology of risks in tort law which seems to go a long way in categorizing tort law cases involving organisational design risks. Finally, I call the reader’s attention to the fact that tort law is in need of rational recalibration with regard to the ‘ranking of risks’, as it seems that some risks are inconsistently categorized as either acceptable or unacceptable.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
|Through your library||Only published papers are available at libraries|
Similar books and articles
Avihay Dorfman (2010). Can Tort Law Be Moral? Ratio Juris 23 (2):205-228.
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.
Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
David G. Owen (ed.) (1995). Philosophical Foundations of Tort Law. Oxford University Press.
H. Sheinman (2003). Tort Law and Corrective Justice. Law and Philosophy 22 (1):21-73.
Theodore M. Benditt (1982). Liability for Failing to Rescue. Law and Philosophy 1 (3):391 - 418.
John Oberdiek (2008). Philosophical Issues in Tort Law. Philosophy Compass 3 (4):734-748.
Added to index2009-05-24
Total downloads2 ( #254,472 of 1,008,715 )
Recent downloads (6 months)1 ( #64,702 of 1,008,715 )
How can I increase my downloads?