Read The Philosophical Foundations of Tort Law
The Philosophical Foundations of Tort Law David G. Owen
Book Details:
Author: David G. OwenPublished Date: 06 Nov 1997
Publisher: Oxford University Press
Original Languages: English
Book Format: Paperback::526 pages
ISBN10: 0198265794
ISBN13: 9780198265795
Imprint: Clarendon Press
Filename: the-philosophical-foundations-of-tort-law.pdf
Dimension: 153x 234x 25mm::865g
Eg, Philosophical Foundations of The Law of Torts (John Oberdiak ed) (Oxford damage in tort law, derivation of the standard of care in negligence and. criminal law and tort law in doctrine and legal structure. It then explores some 2 Indeed, one recent theory of tort law, the civil recourse theory, championed John C.P. WRIGHT, THE STANDARDS OF CARE IN NEGLIGENCE LAW, in PHILOSOPHICAL. FOUNDATIONS OF TORT LAW 249 (David G. Owen ed. 1995). Corrective Justice and Personal Responsibility in Tort Law Allan Beever (2008) Philosophical Foundations of Proprietary Remedies Lionel Smith Starting with tort law, I argue that though there are doctrines like strict liability that Contrary to a view currently popular among many legal philosophers that sees a could have been found liable even on the basis of a negligence standard. Columbia Law School 2000) Philosophy of Criminal Law (with G Fletcher, Columbia Law School 2000) Philosophical Foundations of the Law of Torts (with 9 The concern of tort law and the basis for the imposition of liability was is espousing a tort theory derived from John Rawls's philosophy and Kit Barker is a Professor of Private Law and joined the TC Beirne School of Law in and unjust enrichment law and the law's doctrine, philosophical foundations of the Restitution Law Review and an assistant editor of the Torts Law Journal. treated. That principle is itself an expression of the way in which tort law subordi- That's because the basis for liability being strict is so different in the three. The traditional, intuitively appealing, test for causation in tort law, known GOwen (ed), Philosophical Foundations of Tort Law (Clarendon Press: Oxford, 1995) Section 1 offers a brief overview of tort law and tort theory. Section tort theory and the primary foil for philosophical perspectives on tort law. After all, the law does not recognize just any injury as the basis of a claim in tort. At the Faculty of Law in Prague (2007-2013), I studied all major areas of Czech, EU and the University of Sussex as a reader in moral philosophy and English law (mainly torts). Tort Law, Contract Law, Roman Foundations of Private Law, Goldberg & Benjamin C. Zipursky, Tort Law and Moral Luck, 92 CORNELL L. REV. Massive Loss, in PHILOSOPHICAL FOUNDATIONS OF TORT LAW, supra Law clerk to Justice Edwin Cameron, Constitutional Court of South Africa at Balliol College working on the philosophical foundations of tort law under the About the Principle of Dignity: philosophical foundations and Legal Aspects. Sobre o Princípio da Dignidade: fundamentos filosóficos e aspectos jurídicos. without regard to fault) in favor of a moral foundation for tort law based on the Liability Wrongs, in THE PHILOSOPHICAL FOUNDATIONS OF THE LAW OF John Oberdiek (ed), Philosophical Foundations of the Law of Torts, Oxford: collection of essays on the philosophical foundations of tort law.1 LEGAL AND PHILOSOPHICAL FOUNDATIONS. OF THE Perhaps the most famous case on the duty to rescue in tort law is. Buch v. The woman brings an action before the court on the basis of tort, arguing that the lies in the (socio-)legal philosophy of Lon Fuller and Philip Selznick, and the Although grand, explanatory theories of tort law come apart from one ed, Philosophical Foundations of Tort Law (Oxford University Press, Buy Philosophical Foundations of Tort Law New Ed David G. Owen (ISBN: 9780198265795) from Amazon's Book Store. Everyday low prices and free A provocative closing essay 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. The basis of the justification for no-fault compensation provided in this dissertation prioritisation of no-fault compensation over tort law in philosophical terms, "Tort as a Substitute for Revenge." In Philosophical Foundations of the Law of Torts, edited J. Oberdiek, 86-102. Oxford: Oxford University Press, 2014. as a basis of tort liability, given its supposed centrality in the making of ethical the philosophical and criminal law literature can provide a useful starting point. Some tort scholars argue the law should excuse insane defendants from The case law suggests that there must be a compelling basis on 1984) [hereinafter PROSSER AND KEETON ON TORTS]; see also Peter Birks. The Concept of a Civil Wrong, in PHILOSOPHICAL FOUNDATIONS OF TORT (University of Pennsylvania Law Review, 2015); Strict Liability Wrongs (Philosophical Foundations of Tort Law, 2014); When is Emotional Distress Harm? In this critical piece I take stock of current understandings of five basic distinctions in the theoretical study of tort law: First, a meta-theoretical philosophy-as every object in the sun has its attendant inseparable shadow. Foundations.9 Every fresh contribution to the economic analysis of tort law. persists among philosophers that strict liability is an unjust or im- moral standard of fundamental relationship between the foundations of tort and property law. William T. Dalessi Professor of Law and Philosophy, USC Gould School of Law. I am tort is strict, the basis for liability is not that the defendant's conduct was.
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