Philosophical foundations of tort law /
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| Imprint: | Oxford : Clarendon Press, 1995. |
|---|---|
| Description: | xvi, 510 p. ; 24 cm. |
| Language: | English |
| Subject: | |
| Format: | Print Book |
| Local Note: | Includes "Wealth maximization and tort law: a philosophical inquiry" by Richard A. Posner. |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/2506634 |
Table of Contents:
- Foreword: Why Philosophy Matters to Tort Law
- I. The Nature and Realm of Tort Law and Philosophy
- 1. The Concept of a Civil Wrong
- 2. The Practice of Corrective Justice
- 3. The Morality of Tort Law--Questions and Answers
- II. Principles and Values Underlying Tort Law
- 4. Wealth Maximization and Tort Law: A Philosophical Inquiry
- 5. The Uneasy Place of Principle in Tort Law
- 6. Tort Law in the Aristotelian Tradition
- 7. Rights, Justice, and Tort Law
- 8. The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law
- III. Philosophical Perspectives on Tort Law Problems
- A. Responsibility and the Basis of Liability
- 9. Philosophical Foundations of Fault in Tort Law
- 10. Intention in Tort Law
- 11. The Standards of Care in Negligence Law
- 12. The Seriousness of Harm Thesis for Abnormally Dangerous Activities
- 13. Aggregate Autonomy, the Difference Principle, and the Calabresian Approach in Products Liability
- B. Connecting Agency and Harm: Risk, Causation, and Damage
- 14. Risk, Harm, and Responsibility
- 15. Causation, Compensation, and Moral Responsibility
- 16. Necessary and Sufficient Conditions in Tort Law
- 17. Moments of Carelessness and Massive Loss
- 18. Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice
- 19. The Basis for Excluding Liability for Economic Loss in Tort Law
- C. Victim Responsibility for Harm
- 20. Contributory Negligence: Conceptual and Normative Issues
- Afterword: What Has Philosophy to Learn from Tort Law?