Philosophical Foundations of Tort Law

Philosophical Foundations of Tort Law

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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, and Israel. A provocative closing essay by one of the world's leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to the concrete test in the legal resolution of real-world controversies based on principles of right and wrong.Almost all jury instructions, the vast majority of judicial opinions, and many secondary sources do not provide any test or definition ... risk-utility test of reasonableness was most explicitly articulated in Judge Learned Handa#39;s famous formula in United States v. ... 43); JoHN G. FLEMING, THE LAw OF ToRTs (7th edn., 1987), 102-8 (but see infra, text at note 33); 3 FOWLER V. HARPER, FLEMING JAMEs, JR.

Title:Philosophical Foundations of Tort Law
Author:David G. Owen
Publisher:Oxford University Press on Demand - 1995


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