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The Philosophical Foundations of Tort Law$
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David G. Owen

Print publication date: 1997

Print ISBN-13: 9780198265795

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265795.001.0001

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Aggregate Autonomy, the Difference Principle, and the Calabresian Approach to Products Liability

Aggregate Autonomy, the Difference Principle, and the Calabresian Approach to Products Liability

Chapter:
(p.299) Aggregate Autonomy, the Difference Principle, and the Calabresian Approach to Products Liability
Source:
The Philosophical Foundations of Tort Law
Author(s):

JOHN B. ATTANASIO

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265795.003.0014

To illuminate and develop further the principle of aggregate autonomy, this chapter compares that principle’s defense of Calabresian theory with one that might be offered by Rawlsian analysis including the difference principle. It reviews the salient points of the Calabresian approach to products liability. The chapter then explores potential Rawlsian justifications for the Calabresian approach both under A Theory of Justice and John Rawls’s recent work, Political Liberalism. The chapter describes the principle of aggregate autonomy and reviews its defense of Calabresian theory. It also compares these two defenses in order to contrast the difference principle and the principle of aggregate autonomy. The chapter tries to locate aggregate autonomy within the landscapes of tort law and moral philosophy. It finally reflects on the advantages of theories of the good, such as aggregate autonomy, over theories of the right, such as the difference principle.

Keywords:   aggregate autonomy, Calabresian theory, difference principle, political liberalism, tort law, moral philosophy, products liability, John Rawls, good, right

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