The other main branches are contract, property, and restitution sometimes known as unjust enrichment. Provide a snapshot of cutting edge work in tort law theory, offering a roadmap of the main debates and current issues in the field. This module introduces you to philosophical debates in the core common law areas of contract, tort and criminal law. Philosophical foundations of tort law oxford scholarship. Philosophical foundations of the law of torts edited by john oberdiek philosophical foundations of law. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of. The idea of complementarity as a philosophical basis for pluralism in tort law by izhak englard. A closing chapter illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to a concrete test in the legal resolution of.
Mar 20, 2014 a remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law. Download philosophical foundations of human rights philosophical foundations of law ebook free in pdf and epub format. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas, and immanuel kant to the latest economic and rightsbased theories of legal responsibility. Tort law in the aristotelian tradition by james gordley. Oxford university press 1995 abstract this collection of original essays on the theory of tort law brings. Confused culpability, contrived causation, and the collapse. Buy philosophical foundations of the law of torts philosophical foundations of law by oberdiek, john isbn. This volume of nineteen original chapters showcases the latest work by established and emerging tort. George mason university law and economics research paper series. The old and new philosophical foundations of tort law. In this critical piece i take stock of current understandings of five basic distinctions in the theoretical study of tort law. Contemporary philosophy and tort law have long enjoyed a happy union. A remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law. Civil wrongs and justice in private law oxford, 2020 collection of new essays in private law theory, coedited with paul miller philosophical foundations of the law of torts oxford, 2014 collection of new essays in tort theory, appearing in the oxford philosophical foundations of law series.
Philosophical foundations of fault in tort law \ david g. Philosophical foundations of the law of torts john oberdiek. As the first volume in the series philosophical foundations of international criminal law, the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law. Analyzing these four prevailing arguments against the amoral and, in regard to some, antimoral character of tort law, i shall seek to show that the normative structure of tort law can. John goldberg and i have a coauthored chapter in the volume. David owen school of law university of south carolina. Jun 01, 2019 philosophical foundations of tort law this collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development.
Theories of the common law of torts stanford encyclopedia of. It would therefore be appropriate to suspect that their omission might have some troubling consequences for the volumes own ambition to deepen and broaden our understanding of tort laws philosophical foundations. This exceptional collection of twentytwo essays on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this particularly fascinating conjunction of law and philosophy. The book included works from leading corrective justice scholars such. The theory of tort law is now the subject of a sophisticated debate, especially in north america.
Rather than assigning discrete subtopics to writers, the editors asked the group of wellknown criminal theorists to submit original essays and organized the results as best they could into coherent topics. Philosophical foundations of tort law 1st edition by david g. Representing angloamerican scholarship from both sides of the atlantic equally, it is less a work for the ages than a. Philosophical foundations of the law of torts ebook, 2014. According to hart, at least six questions about punishment need to be answered separately. Laws moral foundations and content, richard wright 19. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. The everengaging topic of causation is the subject of one cluster of essays. Everyday low prices and free delivery on eligible orders. It has contributions from all over the world and represents the. This collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. Oxford university press 1995 abstract this collection of original essays on the theory of tort law brings together a number of the worlds leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development.
Civil recourse and the tortcrime distinction, benjamin zipursky. The old and new philosophical foundations of tort law the. Philosophical foundations of the law of torts 272, j. Philosophical foundations of the law of torts by john. In it, oberdiek offers a careful, original, and important. Oxford university press uk 2014 authors john oberdiek rutgers university new brunswick abstract this book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. Philosophers of law are also concerned with a variety of philosophical problems that arise in particular legal subjects, such as constitutional law, contract law, criminal law, and tort law. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas.
Read philosophical foundations of human rights philosophical foundations of law online, read in mobile or kindle. A provocative closing essay by one of the worlds leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of. Hart meant his remark to apply to institutions other than criminal law, and it can certainly be applied to tort law. Philosophical foundations of tort law under the publisher. Contemporary philosophy and tort law have enjoyed a happy union at least since the publication of h. Philosophical foundations of the law of torts ebook by. Philosophical foundations of tort law paperback david. Almost every single essay is about the philosophical foundations or lack thereof of the concepts of tort law. Confused culpability, contrived causation, and the collapse of tort theory larry alexander and kimberly kessler ferzan. Although it is a requirement of the course that you have studied contract, tort and criminal law already, detailed knowledge of the case law in these fields is not necessary. A philosophical inquiry, in philosophical foundations of tort law, david owens eds. Hart and tony honores causation in the law in 1959, and the relationship has never been better. The old and new philosophical foundations of tort law pino.
Pdf new philosophical foundations of tort law avihay. Section 2 discusses economic analysis, which is the historically dominant tort theory and the primary foil for philosophical perspectives on tort law. Structure and justification in contractualist tort theory 6. The standards of care in negligence law, in philosophical foundations of tort law d. Pdf philosophical foundations of human rights philosophical. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law.
Owen, philosophical foundations of fault in tort law, in philosophical foundations of tort law 201, 22426 david g. In 1995, david owen offered a prolific collection of essays on the philosophical foundations of tort law. Buy philosophical foundations of tort law new ed by owen, david g. In sum, philosophical foundations of criminal law is a collection of strong theoretical essays on some traditional, and some not so traditional, issues of criminal law. Wrongs inside and outside the law of torts, robert stevens 17. Philosophical foundations of tort law under the publishers. Yet the implication is not that the pursuit of distributive justice is the pursuit of a goal extrinsic to tort law in the sense. In addition to serving as the editor of philosophical foundations of the law of torts oup 2014, john oberdiek has provided his own contribution, an excellent and penetrating chapter entitled structure and justification in contractualist tort theory. Philosophical foundations of tort law owen, david g. Tort law in the aristotelian tradition \ james gordley 7. Oberdiek, philosophical foundations of tort law oxford university press philosophical foundations of tort law english buy philosophical foundations of tort law english by owen, david g. This chapter tries to unravel some of the questions and to suggest some answers.
Owen, philosophical foundations of tort law oxford. The contributions range broadly, from inquiries into how tort law derives from aristotle, aquinas, and kant to the latest economic and rightsbased theories of legal responsibility. This title offers a rich insight into the law of torts and will be of broad interest to those working in legal and moral philosophy. Philosophical foundations of the law of torts john. Philosophical foundations of fault in tort law by david g.
To this extent, the philosophical foundations of the law of torts john oberdiek ed. Tort theory today is an exceptionally active and wide ranging field within legal. Oup 2014 provides a collection of illuminating essays. Mark gesitfeld, compensation as a tort norm, in philosophical foundations of the law of torts john oberdiek ed. Philosophical foundations of criminal law, however, is not principally intended as a systematic treatment of these four topics. Tort theory today is an exceptionally active and wideranging branch of legal philosophy. Philosophical foundations of the law of torts philosophical foundations of law john oberdiek. Tort theory today is an exceptionally active and wide ranging field. Consent and assumption of risk in tort and criminal law, ken simons 16. Philosophical foundations of the law of torts paperback john. Confused culpability, contrived causation, and the. The contributions here range from law and economics to the latest in rightsbased theories. Philosophical foundations of tort law, 1995 online research.
Tort theory today is an exceptionally active and w. Philosophical foundations of the law of torts hardcover john. First, a metatheoretical distinction between the laws selfpresentation and a commitment to. Philosophical foundations of tort law legal outlet.
First, a metatheoretical distinction between the laws selfpresentation and. Philosophical foundations of the law of torts philosophical. There are nineteen essays in this volume, all by heavy hitters among todays legal theorists. Philosophical foundations of the law of torts hardcover. Part 2 will presuppose and rely on the main findings of what is tort law for. This collection of 22 chapters on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this conjunction of law and philosophy. David owen is the carolina distinguished professor of law emeritus at the university of south carolina where he was the director of the office of tort law studies and taught courses and seminars on tort law, tort theory, and products liability law. And almost every one of them is extremely helpful in understanding the rationales, if any, behind these concepts. Gregory keatingfor more than a decade, mark geistfeld has been developing an original and sophisticated theory of tort.
First, a metatheoretical distinction between the laws selfpresentation and a commitment to epiphenomenalism. Philosophical foundations of criminal law notre dame. This is truly a multinational production, with contributions from several distinguished oxford scholars of law and philosophy and many prominent scholars from the. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas, and immanuel kant to the latest economic and rightsbased theories. Chapter for the philosophical foundations of the law of torts, john oberdiek, ed. In particular, i shall mention two kinds of consequence. Philosophical foundations of the law of torts oxford. Philosophical foundations of tort law, 1995 online. Section 1 offers a brief overview of tort law and tort theory. Philosophical foundations of tort law ebook, 1997 worldcat. The standards of care in negligence law by richard w.
This collection of original essays on the theory of. Read philosophical foundations of the law of torts by available from rakuten kobo. May 31, 2019 philosophical foundations of tort law this exceptional collection of twentytwo essays on the philosophical fundamentals of tort law assembles many of the worlds leading commentators on this particularly fascinating conjunction of law and philosophy. Review of john oberdiek ed, philosophical foundations of the law of torts, oxford. Professor geistfelds work has been characterized by a remarkable and admirable confluence of four characteristics.
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