Torts

Edited by Ori Herstein (King's College London, Hebrew University of Jerusalem)
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237 found
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  1. added 2020-05-23
    Politics and Property in Natural Resources: Andrew P. Morriss.Andrew P. Morriss - 2009 - Social Philosophy and Policy 26 (2):53-94.
    Modern discussions of natural resources focus on increasing public control over extractive industries proposing measures that range from increasing the public's share of the gain via royalties and taxes to regulating extractive activities to prevent environmental problems to outright expropriation of private investments. This article argues that such efforts are counterproductive because the fundamental economic problem of natural resources is producing the knowledge necessary to locate and extract resource deposits. The public benefit comes from enabling the use of the resources (...)
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  2. added 2020-04-06
    Strict Moral Liability.Justin A. Capes - 2019 - Social Philosophy and Policy 36 (1):52-71.
    :Strict liability in tort law is thought by some to have a moral counterpart. In this essay I attempt to determine whether there is, in fact, strict liability in the moral domain. I argue that there is, and I critically evaluate several accounts of its normative foundations before suggesting one of my own.
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  3. added 2020-03-25
    Review of Carl Cohen, James P. Sterba, Affirmative Action and Racial Preference[REVIEW]Stephen Kershnar - 2004 - Notre Dame Philosophical Reviews 2004 (7).
    Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? Is it good? The discussion in this book is wide-ranging (...)
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  4. added 2020-03-25
    Strong Affirmative Action Programs and Disproportionate Burdens.S. Kershnar - 1999 - Journal of Value Inquiry 33 (2):201-209.
    Affirmative action programs are not justified by compensatory justice. They place a disproportionate burden on white-male applicants. White-male applicants do not owe compensation because they committed a relevant wrongdoing or because they benefitted from another’s wrongdoing. They did not commit a relevant wrongdoing. Receipt of an unjust benefit, when unavoidable and mixed with hard work, does not justify a duty to compensate a victim of the injustice. Thus, the compensatory-justice argument for affirmative action fails.
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  5. added 2020-02-11
    Ideals, Beliefs, Attitudes and the Law: Private Law Perspectives on a Public Law Problem. Guido Calabresi.Kim Lane Scheppele - 1986 - Ethics 97 (1):285-286.
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  6. added 2019-09-25
    Protecting Private Information of Public Interest: Campbell's Great Promise Unfulfilled.Paul Wragg - 2016 - Journal of Media Law 7 (2):225-250.
    According to the House of Lords decision in Campbell v MGN Ltd, a misuse of private information claim may succeed even though public interest expression is at stake. The post-Campbell jurisprudence, however, does not reflect this central tenet. Cases are not determined by balancing the weight of each claim but by a binary approach in which claims succeed or fail depending on whether public interest expression is present or not. By charting this development, this article argues that a greater sense (...)
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  7. added 2019-09-09
    Dimensions of Negligence in Criminal and Tort Law.Kenneth W. Simons - 2002 - Theoretical Inquiries in Law 3 (2).
    This article explores different dimensions of the concept of negligence in the law. The first sections focus on the fundamental distinction between conduct negligence, a conception that dominates tort law; and cognitive negligence, a conception that is much more important in criminal law. The last major section identifies five significant institutional functions served by a legal negligence standard: expressing a legal norm in the form of a standard rather than a rule; personifying fault; empowering the trier of fact to give (...)
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  8. added 2019-06-07
    “Justice” – Corrective of Violated Mode of Existence.Željko Kaluđerović - 2006 - Filozofska Istrazivanja 26 (4):861-877.
    Istraživanje demonstriranja »pravde« u Homerovoj Odiseji od strane kraljeva ili sudaca u stvarnim situacijama toga doba, pokazalo je da je riječ o postupcima u partikularnoj formi, a ne o apstraktno pojmljenim principima. Ovi su postupci rješavali uvijek konkretne i specifične ad hoc situacije, a nisu primjenjivali depersonalizirane i općevažeće zakone, te se njihova uloga iscrpljivala u pregovaračkom postupku i nagodbi rivalskih strana. Namjera im je bila da nanovo uspostave destabiliziranu ustaljenost življenja običajnosne zajednice, pa se može reći da je spomenuta (...)
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  9. added 2019-06-06
    The Problem of Mass Torts.Alan Strudler - 1997 - Law and Philosophy 16 (1):101-105.
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  10. added 2019-06-06
    Aristotle's Categories of Voluntary Torts.R. R. Dyer - 1965 - The Classical Review 15 (3):250-252.
  11. added 2019-04-05
    Ronald Dworkin and the Curious Case of the Floodgates Argument.Noam Gur - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):323-345.
    This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...)
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  12. added 2019-04-05
    Wrongful Life Claims and Negligent Selection of Gametes or Embryos in Infertility Treatments: A Quest for Coherence.Noam Gur - 2014 - Journal of Law and Medicine 22:426-441.
    This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...)
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  13. added 2019-02-08
    Nobody’s Perfect: Moral Responsibility in Negligence.Ori Herstein - 2019 - Canadian Journal of Law and Jurisprudence 31 (1):109-125.
    Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...)
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  14. added 2018-11-25
    Deviant Causation and the Law.Sara Bernstein - manuscript
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
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  15. added 2018-09-07
    A Causal Theory of Negligence.Randall R. Curren - 1992 - Social Philosophy Today 7:111-124.
    The aim of this paper is to outline a novel rationale for the negligence standard of liability in tort law. On this view, the negligence standard has a causal character which is seldom recognized, but which was recognized by Aristotle, who first formulated the standard. The proposed rationale is extracted from its Aristotelian roots and presented as an alternative to the two others which have been discussed in recent years, both of which are widely regarded as flawed.
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  16. added 2018-06-05
    Responsibility and Moral Luck: Comments on Benjamin Zipursky, Two Dimensions of Responsibility in Crime, Tort, and Moral Luck.Re'em Segev - 2008 - Theoretical Inquiries in Law 9 (1):17-24.
    The essence of the moral luck question is whether the responsibility of persons is determined only in light of actions that are within their control or also in light of factors, such as the consequences of their actions, which are beyond their control. Most people seem to have contrasting intuitions regarding this question. On the one hand, there is a common intuition that the responsibility of persons should be judged only in light of what is within their control. On the (...)
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  17. added 2018-02-02
    Legal Luck.Ori Herstein - forthcoming - In Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  18. added 2017-07-17
    Is There a Case for Strict Liability?Larry Alexander - 2018 - Criminal Law and Philosophy 12 (3):531-538.
    In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...)
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  19. added 2017-07-11
    How Not to Do Things with Rules.J. N. Adams - 1985 - Oxford Journal of Legal Studies 5 (3):446-452.
  20. added 2017-07-10
    Readings in the Philosophy of Law.John Arthur & William H. Shaw (eds.) - 2010 - 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 of (...)
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  21. added 2017-07-10
    Non-Pecuniary Damages in Tort. How to Break Up the Distinction Between a Internal and External View of Law.Karl Dahlstrand - unknown
    The traditional restrictive attitude towards claim for compensation about non-pecuniary harms in both cause law and legislation become weaker even if the theoretically and practically reason behind the old exception-construction remain. This reason can best be explained by the thesis about incommensurability when it comes to compensate for some losses that money cannot compensate. To explain why the exception-construction is problemized in recent days I think two circumstances has played an important role the materialisation of human rights as a consequence (...)
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  22. added 2017-05-31
    Tort Processes and Relational Repair.Linda Radzik - 2014 - In John Oberdiek (ed.), Philosophical Foundations of the Law of Torts. New York: Oxford University Press. pp. 231-49.
    The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...)
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  23. added 2017-01-29
    Lukács 1955, Patrick Tort, Être Marxiste Aujourd'Hui.Henri Lefebvre - 1992 - Studies in Soviet Thought 43 (1):39-41.
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  24. added 2017-01-28
    Psychoanalytic Jurisprudence on Ethics, Aesthetics, and Law--On Crime, Tort, and Procedure.Albert Armin Ehrenzweig - 1971
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  25. added 2017-01-27
    Richard Epstein and the Theory of Strict Liability in Tort Law.Thomas Fay - 1992 - Reason Papers 17:29-38.
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  26. added 2017-01-26
    12. The Questionable Questionnaire: Reflections on Comparative Law Method in Light of Principles of European Tort Law.Mårten Schultz - 2009 - In Antonina Bakardjieva Engelbrekt (ed.), New Directions in Comparative Law. Edward Elgar. pp. 173.
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  27. added 2017-01-26
    The Chaotic Indeterminacy of Tort Law: Between Formalism and Nihilism.D. Brion - 1995 - In David Stanley Caudill & Steven Jay Gold (eds.), Radical Philosophy of Law: Contemporary Challenges to Mainstream Legal Theory and Practice. Humanities Press. pp. 179--199.
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  28. added 2017-01-17
    Private Law as an Open Legal Order: Understanding Contract and Tort as Interactional Law. Taekema - 2014 - Netherlands Journal of Legal Philosophy 43 (2).
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  29. added 2017-01-17
    Tort Law and Social Morality.Peter M. Gerhart - 2010 - Cambridge University Press.
    This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others (...)
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  30. added 2017-01-17
    Maritime Torts: New Conflicts Approach: Is It Necessary?Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume I. Sellier de Gruyter.
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  31. added 2017-01-17
    Direct Producer Liability.Reiner Schulze & Geraint Howells - 2009 - In Reiner Schulze & Geraint Howells (eds.), Modernising and Harmonising Consumer Contract Law. Sellier de Gruyter.
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  32. added 2017-01-17
    The Law of Torts in the DCFR.Gerhard Wagner - 2009 - In The Common Frame of Reference: A View From Law & Economics. Sellier de Gruyter.
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  33. added 2017-01-17
    The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study.Ulrich Drobnig & Christian von Bar - 2009 - Sellier de Gruyter.
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  34. added 2017-01-17
    Choice of Law in Torts in Australia.Paul Volken & Petar Sarcevic - 2009 - In Paul Volken & Petar Sarcevic (eds.), Yearbook of Private International Law: Volume Ii. Sellier de Gruyter.
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  35. added 2017-01-17
    Tort Wars.Joel Levin - 2008 - Cambridge University Press.
    Tort Wars brings together the diverse and usually insufficiently related strands of tort law and treats the moral, economic, and systemic problems running through those strands with a single analysis and theory. In that tort law employs theory at all, it is typically theory measured against notions of corrective justice or appeals to utility. Both have severe prescriptive restrictions and limited explanatory power and often stray from any useful description of tort cases in the courts. Tort Wars looks at the (...)
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  36. added 2017-01-17
    Le juste entre formalisme et substantialisme.Mohamed Nachi - 1998 - Social Science Information 37 (4):547-592.
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  37. added 2017-01-16
    The Ethics of Tort Reform.Gary James Jason - 2008 - Liberty (June):23-28, 62.
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  38. added 2017-01-15
    Egalitarianism and the Problem of Tort Liability.Michael L. Corrado - 2001 - Philosophical Issues 11 (1):388-419.
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  39. added 2017-01-15
    Tort Liability for Managed Care: The Weakening of ERISA's Protective Shield.Karen A. Jordan - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):160-179.
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  40. added 2017-01-15
    Reproduction, Arbitrary Statutes, and Tort Law.Barry R. Furrow - 1985 - Journal of Law, Medicine and Ethics 13 (5):243-244.
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  41. added 2017-01-15
    Liability for Employees' Intentional Torts: A Growing Concern for Hospitals.Edward Et Hollowell - 1984 - Journal of Law, Medicine and Ethics 12 (2):68-71.
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  42. added 2017-01-15
    Professional and Agency Liability for Negligence in Child Protection.Donald C. Bross - 1983 - Journal of Law, Medicine and Ethics 11 (2):71-75.
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  43. added 2017-01-15
    Impaired Children and Tort Remedies: The Emergence of a Consensus.Barry R. Furrow - 1983 - Journal of Law, Medicine and Ethics 11 (4):148-154.
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  44. added 2017-01-15
    Catheters: A Matter of Negligence?Le Sedlacek - 1982 - Journal of Law, Medicine and Ethics 10 (5):187-187.
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  45. added 2017-01-15
    Liability for Nursing Negligence in the Operating Room.Jane Greenlaw - 1982 - Journal of Law, Medicine and Ethics 10 (6):222-224.
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  46. added 2017-01-14
    Fictions in Tort.James Lee - 2015 - In William Twining & Maksymilian Del Mar (eds.), Legal Fictions in Theory and Practice. Springer Verlag.
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  47. added 2017-01-14
    Philosophical Foundations of the Law of Torts.John Oberdiek (ed.) - 2014 - 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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  48. added 2017-01-14
    Torts and Rights.Robert Stevens - 2007 - Oxford University Press UK.
    The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a (...)
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  49. added 2017-01-14
    Torts and Rights.Robert Stevens - 2007 - Oxford University Press UK.
    The law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a (...)
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  50. added 2017-01-14
    Tort Liability Under Uncertainty.Ariel Porat & Alex Stein - 2001 - Oxford University Press UK.
    The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk (...)
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1 — 50 / 237