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Philosophical Foundations of the Law of Torts
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Philosophical Foundations of the Law of Torts

John Oberdiek

Abstract

Contemporary philosophy and tort law have enjoyed a happy union at least since the publication of H.L.A. Hart and Tony Honoré’s Causation in the Law in 1959, and the relationship has never been better. Tort theory today is an exceptionally active and wide-ranging branch of legal philosophy. This volume of nineteen original chapters showcases the latest work by established and emerging tort theorists, as well as philosophers outside of tort theory focusing their analytical powers on issues central to the law of torts. It will be sure to deepen and broaden the philosophical study of tort law and ... More

Keywords: tort law, tort theory, philosophy, legal philosophy, legal theory, private law

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780198701385
Published to Oxford Scholarship Online: May 2014 DOI:10.1093/acprof:oso/9780198701385.001.0001

Authors

Affiliations are at time of print publication.

John Oberdiek, editor
Professor of Law, Rutgers University

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Contents

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Part I Foundations of Tort Law

1 Tort Law and Responsibility

John C.P. Goldberg and Benjamin C. Zipursky*

2 Torts, Rights, and Risk

Stephen Perry*

3 Compensation as a Tort Norm

Mark A. Geistfeld*

Part II Harms, Wrongs, Responsibility, and Liability

8 What Might Have Been

Victor Tadros*

9 Why Reparations?

Rahul Kumar

14 Strict Liability Wrongs

Gregory C. Keating*

Part III Distributive Justice in Tort Law

Part IV Skeptical Perspectives

End Matter