Torts

Edited by Ori Herstein (King's College London, Hebrew University of Jerusalem)
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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. added 2017-07-11
    How Not to Do Things with Rules.J. N. Adams - 1985 - Oxford Journal of Legal Studies 5 (3):446-452.
  7. 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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  8. 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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  9. 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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  10. 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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  11. added 2017-01-28
    Psychoanalytic Jurisprudence on Ethics, Aesthetics, and Law--On Crime, Tort, and Procedure.Albert Armin Ehrenzweig - 1971
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  12. 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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  13. 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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  14. 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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  15. 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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  16. added 2017-01-17
    Tort Law and Social Morality.Peter M. Gerhart - 2013 - 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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  17. 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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  18. 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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  19. 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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  20. 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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  21. added 2017-01-17
    The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study.Ulrich Drobnig & Christian von Bar - unknown
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  22. 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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  23. added 2017-01-17
    Le juste entre formalisme et substantialisme.M. Nachi - 1998 - Social Science Information 37 (4):547-592.
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  24. added 2017-01-16
    The Ethics of Tort Reform.Gary James Jason - 2008 - Liberty (June):23-28, 62.
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  25. 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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  26. 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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  27. 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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  28. 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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  29. 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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  30. 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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  31. 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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  32. 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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  33. 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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  34. 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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  35. added 2017-01-14
    Torts and Rights.Robert Stevens - 2009 - 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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  36. 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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  37. 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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  38. added 2017-01-14
    The Philosophical Foundations of Tort Law.David G. Owen (ed.) - 1997 - Oxford University Press UK.
    This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, (...)
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  39. added 2017-01-14
    The Philosophical Foundations of Tort Law.David G. Owen (ed.) - 1996 - Oxford University Press UK.
    This exceptional collection of twenty-two essays on the philosophical fundamentals of tort law assembles many of the world's leading commentators on this particularly fascinating conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Aquinas, and Kant to the latest economic and rights-based theories of legal reponsibility. This is truly a multi-national production, with contributions from several distinguished Oxford scholars of law and philosophy and many prominent scholars from the United States, Canada, (...)
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  40. added 2016-12-12
    Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...)
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  41. added 2016-12-12
    Philosophy and the Law of Torts.Gerald J. Postema (ed.) - 2004 - 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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  42. added 2016-12-12
    When Is Birth Unfair to the Child?Bonnie Steinbock & Ron McClamrock - 1994 - Hastings Center Report 24 (6):15-21.
    Is it wrong to bring children who will have serious diseases and disabilities into the world? In particular, is it unfair to them? The notion that existence itself can be an injury is the basis for a recent new tort known as "wrongful life" (Steinbock, 1986). This paper considers Feinberg's theory of harm as the basis for a claim of wrongful life, and concludes that rarely can the stringent conditions imposed by his analysis be met. Another basis for maintaining that (...)
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  43. added 2016-12-12
    Liability and Responsibility: Essays in Law and Morals.R. G. Frey & Christopher W. Morris (eds.) - 1991 - 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 in (...)
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  44. added 2016-12-08
    On the Autonomy of Corrective Justice.Klimchuk Dennis - 2003 - Oxford Journal of Legal Studies 23 (1):49-64.
    A few years ago, Peter Benson argued that unless claims in corrective justice are grounded on an independent, non‐distributive measure of entitlement, corrective justice collapses into distributive justice. More recently, Stephen Perry argued that the autonomy of corrective justice can be secured with something more modest, namely a free‐standing conception of harm. I argue, first, that Perry's account is closer to Benson's than we might at first think, and, second, that implicit in each is a view that we ought to (...)
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  45. added 2016-12-08
    Private Law and Private Narratives.Ripstein Arthur - 2000 - Oxford Journal of Legal Studies 20 (4):683-701.
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  46. added 2016-10-11
    Book Review, Jean Thomas "Public Rights, Private Relations". [REVIEW]Anthony Reeves - 2016 - Law and Philosophy 35 (5):529-536.
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  47. added 2016-09-08
    Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - 2017 - Criminal Law and Philosophy 11 (4):733-757.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  48. added 2016-07-14
    Arthur Ripstein, Equality, Responsibility, and the Law.L. Alexander - 2001 - Law and Philosophy 20 (6):617-635.
  49. added 2015-11-04
    Corporate Collective Responsibility.David T. Risser - 1985 - Temple University.
  50. added 2015-10-05
    Risk, Everyday Intuitions, and the Institutional Value of Tort Law.Govind C. Persad - 2009 - Stan. L. Rev 62:1445.
    This Note offers a normative critique of cost-benefit analysis, one informed by deontological moral theory, in the context of the debate over whether tort litigation or a non-tort approach is the appropriate response to mass harm. The first Part argues that the difference between lay and expert intuitions about risk and harm often reflects a difference in normative judgments about the existing facts, rather than a difference in belief about what facts exist, which makes the lay intuitions more defensible. The (...)
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1 — 50 / 228