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

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  1.  37
    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 to be understood? Is an explanation (...)
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  2.  12
    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.  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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  6. 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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  7. 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. pp. 72--1.
     
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  8.  28
    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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  9. 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. pp. 214.
     
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  10. 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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  11. 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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  12. Malcolm Parker, Reason and Evidence: Contributions to Philosophy, Ethics, Law, Professionalism and Education in Medicine.
    The materials consist of a co-authored, peer-reviewed book, a co-authored, peer-reviewed book chapter, 30 single authored peer-reviewed journal papers, and 15 co-authored peer-reviewed journal papers, of which I was the lead author on 8 papers. There are 32 papers from Australasian journals, at least two of which are also regarded as international. 22 papers are published in international journals. The co-authored book was favourably described in his foreword by Justice Michael Kirby of the High Court of Australia. The refereed chapter (...)
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  13.  4
    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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  14. Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
    Even though it offers a compelling account of the responsibility-component in the negligence standard—arguably the Holy Grail of negligence theory—Professor John Gardner is mistaken in conceptualizing the duty of care in negligence as a duty to try to avert harm. My goal here is to explain why and to point to an alternative account of the responsibility component in negligence. The flaws in conceiving of the duty of care as a duty to try are: failing to comport with the legal (...)
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  15.  8
    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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  16.  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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  17.  6
    Clarence C. Walton (1991). Punitive Damages: New Twists in Torts. Business Ethics Quarterly 1 (3):269-291.
    While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time haveproduced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence acquired through illegal search, is not followed in Britain-or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept in tort law is also a jurisprudential novelty. Punitive damages are imposed in addition to compensatory (...)
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  18.  11
    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.  27
    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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  23.  17
    Wade Mansell (2009). Tsachi Keren-Paz, Torts, Egalitarianism and Distributive Justice. Feminist Legal Studies 17 (2):239-240.
  24.  40
    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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  25.  32
    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.  8
    Kevin Gibson (1993). Transitivity, Torts, and Kingdom Loss. Journal of Philosophical Research 18:83-96.
    Here I look at the views of Mackie about the transitivity of causal statements. Mackie suggests that we replace total transitivity with a calculation which assigns a proportional value to partial causes; this allows us to work out an overall proportion of a single event in a causal chain. I marry the philosophical discussion with a sketch of tort law by means of an unusual hypothetical. I suggest that Mackie’s proportional analysis could be have a useful practical application since current (...)
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  27.  28
    Jules L. Coleman (1993). Contracts and Torts. Law and Philosophy 12 (1):71 - 93.
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  28.  9
    Mark Parascandola (1997). Chances, Individuals and Toxic Torts. Journal of Applied Philosophy 14 (2):147–158.
  29.  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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  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. pp. 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.  39
    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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  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. 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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  36.  41
    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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  37.  40
    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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  38. Ernest Sosa (2007). Experimental Philosophy and Philosophical Intuition. Philosophical Studies 132 (1):99-107.
    The topic is experimental philosophy as a naturalistic movement, and its bearing on the value of intuitions in philosophy. This paper explores first how the movement might bear on philosophy more generally, and how it might amount to something novel and promising. Then it turns to one accomplishment repeatedly claimed for it already: namely, the discrediting of armchair intuitions as used in philosophy.
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  39.  36
    Christoph Baumberger, Claus Beisbart & Georg Brun (2017). What is Understanding? An Overview of Recent Debates in Epistemology and Philosophy of Science. In Stephen Grimm Christoph Baumberger & Sabine Ammon (eds.), Explaining Understanding: New Perspectives from Epistemolgy and Philosophy of Science. Routledge. pp. 1-34.
    The paper provides a systematic overview of recent debates in epistemology and philosophy of science on the nature of understanding. We explain why philosophers have turned their attention to understanding and discuss conditions for “explanatory” understanding of why something is the case and for “objectual” understanding of a whole subject matter. The most debated conditions for these types of understanding roughly resemble the three traditional conditions for knowledge: truth, justification and belief. We discuss prominent views about how to construe (...)
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  40. 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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  41. 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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  42. Gregory Currie & Ian Ravenscroft (2002). Recreative Minds: Imagination in Philosophy and Psychology. Oxford University Press.
    Recreative Minds develops a philosophical theory of imagination that draws upon the latest work in psychology. This theory illuminates the use of imagination in coming to terms with art, its role in enabling us to live as social beings, and the psychological consequences of disordered imagination. The authors offer a lucid exploration of a fascinating subject.
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  43. Mark Kaplan (1983). Decision Theory as Philosophy. Philosophy of Science 50 (4):549-577.
    Is Bayesian decision theory a panacea for many of the problems in epistemology and the philosophy of science, or is it philosophical snake-oil? For years a debate had been waged amongst specialists regarding the import and legitimacy of this body of theory. Mark Kaplan had written the first accessible and non-technical book to address this controversy. Introducing a new variant on Bayesian decision theory the author offers a compelling case that, while no panacea, decision theory does in fact have (...)
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  44. 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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  45. 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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  46. David W. Concepción (2004). Reading Philosophy with Background Knowledge and Metacognition. Teaching Philosophy 27 (4):351-368.
    This paper argues that explicit reading instruction should be part of lower level undergraduate philosophy courses. Specifically, the paper makes the claim that it is necessary to provide the student with both the relevant background knowledge about a philosophical work and certain metacognitive skills that enrich the reading process and their ability to organize the content of a philosophical text with other aspects of knowledge. A “How to Read Philosophy” handout and student reactions to the handout are provided.
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  47. 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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  48. 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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  49.  35
    Carl Mitcham (1994). Thinking Through Technology: The Path Between Engineering and Philosophy. University of Chicago Press.
    What does it mean to think about technology philosophically? Why try? These are the issues that Carl Mitcham addresses in this work, a comprehensive, critical introduction to the philosophy of technology and a discussion of its sources and uses. Tracing the changing meaning of "technology" from ancient times to our own, Mitcham identifies the most important traditions of critical analysis of technology: the engineering approach, which assumes the centrality of technology in human life and the humanities approach, which is (...)
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  50.  9
    Martin Heidegger (2000). Contributions to Philosophy (From Enowning). Indiana University Press.
    "[Heidegger's] greatest work... essential for all collections." —Choice "... students of Heidegger will surely find this book indispensable." —Library Journal Contributions to Philosophy, written in 1936-38 and first published in 1989 as Beiträge zur Philosophie, is Heidegger’s most ground-breaking work after the publication of Being and Time in 1927. If Being and Time is perceived as undermining modern metaphysics, Contributions undertakes to reshape the very project of thinking.
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