Philosophy and the Law of Torts

Cambridge University Press (2001)
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Abstract

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 based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

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Gerald Postema
University of North Carolina, Chapel Hill

Citations of this work

Social Ontology.Brian Epstein - 2018 - Stanford Encyclopedia of Philosophy.
Can tort law be moral?Avihay Dorfman - 2010 - Ratio Juris 23 (2):205-228.

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