Search results for 'Torts Philosophy' (try it on Scholar)

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  1.  35
    Gerald J. Postema (ed.) (2001). Philosophy and the Law of Torts. Cambridge University Press.
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due (...)
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  2.  11
    Peter Cane (2004). Gerald J. Postema, Ed., Philosophy and the Law of Torts:Philosophy and the Law of Torts. Ethics 114 (2):368-372.
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  3. Mark Kuperberg & Charles R. Beitz (eds.) (1983). Law, Economics, and Philosophy: A Critical Introduction, with Applications to the Law of Torts. Rowman & Allanheld.
     
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  4. Anita Bernstein (2002). Gerald J. Postema, Ed., Philosophy and the Law of Torts Reviewed By. Philosophy in Review 22 (5):354-356.
     
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  5. Gerald J. Postema (ed.) (2004). Philosophy and the Law of Torts. Cambridge University Press.
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice to be understood? Is an explanation (...)
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  6. Gerald J. Postema (ed.) (2009). Philosophy and the Law of Torts. Cambridge University Press.
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice to be understood? Is an explanation (...)
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  7. Gerald J. Postema (ed.) (2007). Philosophy and the Law of Torts. Cambridge University Press.
    When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice to be understood? Is an explanation (...)
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  8.  8
    Heidi Li Feldman (2002). Review of Gerald J. Postema, Philosophy and the Law of Torts. [REVIEW] Notre Dame Philosophical Reviews 2002 (9).
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  9.  89
    Jeffrie G. Murphy (1990). Philosophy of Law: An Introduction to Jurisprudence. Westview Press.
    In this revised edition, two distinguished philosophers have extended and strengthened the most authoritative text available on the philosophy of law and jurisprudence. While retaining their comprehensive coverage of classical and modern theory, Murphy and Coleman have added new discussions of the Critical Legal Studies movement and feminist jurisprudence, and they have strengthened their treatment of natural law theory, criminalization, and the law of torts. The chapter on law and economics remains the best short introduction to that difficult, (...)
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  10. Stephen Perry (2001). Responsibility for Outcomes, Risk, and the Law of Torts. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press 72--1.
     
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  11.  25
    Jules L. Coleman (1988). Markets, Morals, and the Law. Oxford University Press.
    This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
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  12. Arthur Ripstein & Benjamin C. Zipursky (2001). In an Age of Mass Torts. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press 214.
     
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  13. P. Belli, G. Calabresi, P. Cane, R. Cooter, R. Dworkin, D. Fairgrieve & M. Faure (2001). Economic, Moral Philosophy, and the Positive Analysis of Tort Law. In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press
     
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  14. John Oberdiek (ed.) (2014). Philosophical Foundations of the Law of Torts. Oxford University Press Uk.
    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. It has contributions from all over the world and represents the state-of-the art in tort theory.
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  15.  2
    Jules L. Coleman (1992). Risks and Wrongs. Oxford University Press.
    This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...)
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  16.  4
    William Lucy (2007). Philosophy of Private Law. Oxford University Press.
    In what, if any sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement and this book provides both an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law.
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  17.  33
    David G. Owen (ed.) (1995). Philosophical Foundations of Tort Law. Oxford University Press.
    This collection of original essays on the theory of tort law brings together a number of the world's leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. The contributions here range from law and economics to the latest in rights-based theories. The ever-engaging topic of causation is the subject of one cluster of essays, while other clusters deal with remedies, with the tort/contract divide, and with strict and other special forms of liability.
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  18.  10
    A. Strudler (1997). The Problem of Mass Torts. Law and Philosophy 16 (1):101-105.
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  19.  9
    Jody S. Kraus (1997). A Non-Solution to a Non-Problem: A Comment on Alan Strudler's“Mass Torts and Moral Principles”. [REVIEW] Law and Philosophy 16 (1):91 - 100.
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  20. John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
    The adversary system and the practice of law -- The rule of law -- The moral force of law -- Statutes -- Precedents -- Constitutional interpretation -- Natural law and legal positivism: classical perspectives -- Formalism and legal realism -- Morality and the law -- International law -- Law and economics -- The justification of punishment -- The rights of defendants -- Sentencing -- Criminal responsibility -- Compensating for private harms: the law of torts -- Private ownership: the law (...)
     
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  21. Nicole A. Vincent (2008). Book Review of "Torts, Egalitarianism and Distributive Justice" by Tsachi Keren-Paz. [REVIEW] Australian Journal of Legal Philosophy 33:199-204.
    In "Torts, Egalitarianism and Distributive Justice" , Tsachi Keren-Paz presents impressingly detailed analysis that bolsters the case in favour of incremental tort law reform. However, although this book's greatest strength is the depth of analysis offered, at the same time supporters of radical law reform proposals may interpret the complexity of the solution that is offered as conclusive proof that tort law can only take adequate account of egalitarian aims at an unacceptably high cost.
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  22.  16
    Wade Mansell (2009). Tsachi Keren-Paz, Torts, Egalitarianism and Distributive Justice. Feminist Legal Studies 17 (2):239-240.
  23.  39
    Jules L. Coleman (1982). Moral Theories of Torts: Their Scope and Limits: Part I. [REVIEW] Law and Philosophy 1 (3):371 - 390.
    One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis — for the law of torts. The paper is divided into two parts. In the first part I consider (...)
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  24.  25
    Jules L. Coleman (1983). Moral Theories of Torts: Their Scope and Limits: Part II. [REVIEW] Law and Philosophy 2 (1):5 - 36.
    One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis - in the sense of rational reconstruction based on alleged moral principles - for the law of torts. The (...)
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  25.  30
    Howard Klepper (1990). Torts of Necessity: A Moral Theory of Compensation. [REVIEW] Law and Philosophy 9 (3):223 - 239.
    Tort cases in which an actor justifiably takes or damages the property of another have resisted analysis in terms of fault or economic efficiency. I argue that writers such as Jules Coleman and Judith Thomson, who locate the wrongfulness of the necessity torts in the infringement of a property right, have not illuminated the issue of why compensation is owed in these cases. My positive argument locates the wrongfulness of an uncompensated taking in these cases in the actor's interference (...)
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  26.  33
    R. G. Frey & Christopher W. Morris (eds.) (1991). Liability and Responsibility: Essays in Law and Morals. Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort, and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third, and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility (...)
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  27.  26
    Jules L. Coleman (1993). Contracts and Torts. Law and Philosophy 12 (1):71 - 93.
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  28.  39
    Alan Strudler (1992). Mass Torts and Moral Principles. Law and Philosophy 11 (4):297 - 330.
    This paper examines moral problems that arise when assigning liability in causally problematic mass exposure tort cases. It examines the relevance of different conceptions of corrective justice for such assignments of liability. It explores an analogy between the expressive role of punishment and the expressive role of tort, and argues that the imposition of liability in causally problematic mass exposure cases can be justified by appeal to expressive considerations.
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  29.  9
    Mark Parascandola (1997). Chances, Individuals and Toxic Torts. Journal of Applied Philosophy 14 (2):147–158.
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  30.  9
    Carl F. Cranor (1985). Joint Causation, Torts, and Regulatory Law in Workplace Health Protections. International Journal of Applied Philosophy 2 (4):59-84.
  31.  4
    Benjamin C. Zipursky (2012). The Law of Torts. In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge 261.
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  32. S. J. (1997). A Non-Solution to a Non-Problem: A Comment on Alan Strudler's Ldquomass Torts and Moral Principlesrdquo. Law and Philosophy 16 (1):91-100.
     
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  33. Jonah N. Schupbach (forthcoming). Experimental Philosophy Meets Formal Epistemology. In Sytsma & Buckwalter (eds.), Blackwell Companion to Experimental Philosophy. Blackwell
    Formal epistemology is just what it sounds like: epistemology done with formal tools. Coinciding with the general rise in popularity of experimental philosophy, formal epistemologists have begun to apply experimental methods in their own work. In this entry, I survey some of the work at the intersection of formal and experimental epistemology. I show that experimental methods have unique roles to play when epistemology is done formally, and I highlight some ways in which results from formal epistemology have been (...)
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  34. Rene Descartes (2004). Meditations on First Philosophy. Caravan Books.
    I have always considered that the two questions respecting God and the Soul were the chief of those that ought to be demonstrated by philosophical rather than ...
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  35. Florian Cova, Amanda Garcia & Shen-yi Liao (2015). Experimental Philosophy of Aesthetics. Philosophy Compass 10 (12):927-939.
    In the past decade, experimental philosophy---the attempt at making progress on philosophical problems using empirical methods---has thrived in a wide range of domains. However, only in recent years has aesthetics succeeded in drawing the attention of experimental philosophers. The present paper constitutes the first survey of these works and of the nascent field of 'experimental philosophy of aesthetics'. We present both recent experimental works by philosophers on topics such as the ontology of aesthetics, aesthetic epistemology, aesthetic concepts, and (...)
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  36. Joshua Knobe (2007). Experimental Philosophy. Philosophy Compass 2 (1):81–92.
    Claims about people's intuitions have long played an important role in philosophical debates. The new field of experimental philosophy seeks to subject such claims to rigorous tests using the traditional methods of cognitive science – systematic experimentation and statistical analysis. Work in experimental philosophy thus far has investigated people's intuitions in philosophy of language, philosophy of mind, epistemology, and ethics. Although it is now generally agreed that experimental philosophers have made surprising discoveries about people's intuitions in (...)
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  37.  81
    Mark Alfano & Don Loeb (2014). Experimental Moral Philosophy. Stanford Encyclopedia of Philosophy:1-32.
    Experimental moral philosophy began to emerge as a methodology in the last decade of the twentieth century, a branch of the larger experimental philosophy (X-Phi, XΦ) approach. From the beginning, it has been embroiled in controversy on a number of fronts. Some doubt that it is philosophy at all. Others acknowledge that it is philosophy but think that it has produced modest results at best and confusion at worst. Still others think it represents an important advance.
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  38. Jennifer Nagel & Kaija Mortensen (forthcoming). Armchair-Friendly Experimental Philosophy. In Justin Sytsma & Wesley Buckwalter (eds.), A Companion to Experimental Philosophy. Blackwell
    Once symbolized by a burning armchair, experimental philosophy has in recent years shifted away from its original hostility to traditional methods. Starting with a brief historical review of the experimentalist challenge to traditional philosophical practice, this chapter looks at research undercutting that challenge, and at ways in which experimental work has evolved to complement and strengthen traditional approaches to philosophical questions.
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  39.  40
    John Oberdiek (2008). Philosophical Issues in Tort Law. Philosophy Compass 3 (4):734-748.
    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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  40.  36
    Arthur Ripstein (2004). Critical Notice Too Much Invested to Quit. Economics and Philosophy 20 (1):185-208.
    Faculty of Law and Department of Philosophy, University of Toronto 1. INTRODUCTION The economic analysis of law has gone through a remarkable change in the past decade and a half. The founding articles of the discipline – such classic pieces as Ronald Coase’s “The problem of social cost” (1960), Richard Posner’s “A theory of negligence” (1972) and Guido Calabresi and Douglas Malamed’s “Property rules, liability rules, and inalienability: One view of the cathedral” (1972) – offered economic analyses of familiar (...)
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  41.  26
    Jonathan M. Weinberg (2016). Experimental Philosophy, Noisy Intuitions, and Messy Inferences. In Jennifer Nado (ed.), Advances in Experimental Philosophy & Philosophical Methodology. Bloomsbury
    Much discussion about experimental philosophy and philosophical methodology has been framed in terms of the reliability of intuitions, and even when it has not been about reliability per se, it has been focused on whether intuitions meet whatever conditions they need to meet to be trustworthy as evidence. But really that question cannot be answered independently from the questions, evidence for what theories arrived at by what sorts of inferences? I will contend here that not just philosophy's sources (...)
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  42. Eric Dietrich (2011). There Is No Progress in Philosophy. Essays in Philosophy 12 (2):9.
    Except for a patina of twenty-first century modernity, in the form of logic and language, philosophy is exactly the same now as it ever was; it has made no progress whatsoever. We philosophers wrestle with the exact same problems the Pre-Socratics wrestled with. Even more outrageous than this claim, though, is the blatant denial of its obvious truth by many practicing philosophers. The No-Progress view is explored and argued for here. Its denial is diagnosed as a form of anosognosia, (...)
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  43.  86
    Marcus P. Adams (2016). Hobbes on Natural Philosophy as "True Physics" and Mixed Mathematics. Studies in History and Philosophy of Science Part A 56:43-51.
    I offer an alternative account of the relationship of Hobbesian geometry to natural philosophy by arguing that mixed mathematics provided Hobbes with a model for thinking about it. In mixed mathematics, one may borrow causal principles from one science and use them in another science without there being a deductive relationship between those two sciences. Natural philosophy for Hobbes is mixed because an explanation may combine observations from experience (the ‘that’) with causal principles from geometry (the ‘why’). My (...)
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  44.  54
    Tom Doherty, Samuel Baron & Kristie Miller (2015). Why is There Female Under-Representation Among Philosophy Majors? Evidence of a Pre-University Effect. Ergo, an Open Access Journal of Philosophy 2.
    Why does female under- representation emerge during undergraduate education? At the University of Sydney, we surveyed students before and after their first philosophy course. We failed to find any evidence that this course disproportionately discouraged female students from continuing in philosophy relative to male students. Instead, we found evidence of an interaction effect between gender and existing attitudes about philosophy coming into tertiary education that appears at least partially responsible for this poor retention. At the first lecture, (...)
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  45.  49
    Elliott Sober (1994). From a Biological Point of View: Essays in Evolutionary Philosophy. Cambridge University Press.
    Elliott Sober is one of the leading philosophers of science and is a former winner of the Lakatos Prize, the major award in the field. This new collection of essays will appeal to a readership that extends well beyond the frontiers of the philosophy of science. Sober shows how ideas in evolutionary biology bear in significant ways on traditional problems in philosophy of mind and language, epistemology, and metaphysics. Amongst the topics addressed are psychological egoism, solipsism, and the (...)
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  46.  17
    Johan van Benthem (2015). Logic and Philosophy, a Sea of Stories. Tsinghua Studies in Western Philosophy 1 (1):124-153.
    The interface of logic and philosophy is diverse, and has always been so. Understanding the interplay raises issues on which some philosophers have strong a priori views. My own preference as a working logician is to proceed by actual history of ideas, something still largely to be written for modern logic. I shall present a few lines connecting logic and philosophy around the theme of implication and consequence, and show how rich the agenda is as it keeps evolving (...)
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  47.  71
    Susan Haack (1978). Philosophy of Logics. Cambridge University Press.
    The first systematic exposition of all the central topics in the philosophy of logic, Susan Haack's book has established an international reputation (translated into five languages) for its accessibility, clarity, conciseness, orderliness, and range as well as for its thorough scholarship and careful analyses. Haack discusses the scope and purpose of logic, validity, truth-functions, quantification and ontology, names, descriptions, truth, truth-bearers, the set-theoretical and semantic paradoxes, and modality. She also explores the motivations for a whole range of nonclassical systems (...)
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  48. David L. Hull & Michael Ruse (eds.) (1998). The Philosophy of Biology. Oxford University Press.
    Drawing on work of the past decade, this volume brings together articles from the philosophy, history, and sociology of science, and many other branches of the biological sciences. The volume delves into the latest theoretical controversies as well as burning questions of contemporary social importance. The issues considered include the nature of evolutionary theory, biology and ethics, the challenge from religion, and the social implications of biology today (in particular the Human Genome Project).
     
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  49. Max Deutsch (2010). Intuitions, Counter-Examples, and Experimental Philosophy. Review of Philosophy and Psychology 1 (3):447-460.
    Practitioners of the new ‘experimental philosophy’ have collected data that appear to show that some philosophical intuitions are culturally variable. Many experimental philosophers take this to pose a problem for a more traditional, ‘armchair’ style of philosophizing. It is argued that this is a mistake that derives from a false assumption about the character of philosophical methods; neither philosophy nor its methods have anything to fear from cultural variability in philosophical intuitions.
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  50. Maria Rosa Antognazza (2015). The Benefit to Philosophy of the Study of its History. British Journal for the History of Philosophy 23 (1):161-184.
    This paper advances the view that the history of philosophy is both a kind of history and a kind of philosophy. Through a discussion of some examples from epistemology, metaphysics, and the historiography of philosophy, it explores the benefit to philosophy of a deep and broad engagement with its history. It comes to the conclusion that doing history of philosophy is a way to think outside the box of the current philosophical orthodoxies. Somewhat paradoxically, far (...)
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