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. 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. Read the fulltext online edition of philosophical foundations of tort law 1995. Read philosophical foundations of the law of torts by available from rakuten kobo. Read philosophical foundations of human rights philosophical foundations of law online, read in mobile or kindle. Oup 2014 provides a collection of illuminating essays. In 1995, david owen offered a prolific collection of essays on the philosophical foundations of tort law. 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.
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. This module introduces you to philosophical debates in the core common law areas of contract, tort and criminal law. Section 1 offers a brief overview of tort law and tort theory. First, a metatheoretical distinction between the laws selfpresentation and. George mason university law and economics research paper series. 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. Section 2 discusses economic analysis, which is the historically dominant tort theory and the primary foil for philosophical perspectives on tort law. Hart and tony honores causation in the law in 1959, and the relationship has never been better. 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. Theories of the common law of torts stanford encyclopedia of. This volume of nineteen original chapters showcases the latest work by established and emerging tort. Theories of the common law of torts stanford encyclopedia.
Everyday low prices and free delivery on eligible orders. The idea of complementarity as a philosophical basis for pluralism in tort law \ izhak englard 9. Philosophical foundations of law provide a snapshot of cutting edge work in tort law theory, offering a roadmap of the main debates and current issues in the field contains specially commissioned, all new essays by emerging and established scholars from a range of backgrounds including lawyers examining doctrinal theory and philosophers working. This is truly a multinational production, with contributions from several distinguished oxford scholars of law and philosophy and many prominent scholars from the. Confused culpability, contrived causation, and the collapse of tort theory larry alexander and kimberly kessler ferzan. 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 tort law owen, david g. 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. Tort theory today is an exceptionally active and wide ranging field. Philosophical foundations of the law of torts philosophical. Philosophical foundations of the law of torts oxford. Tort theory today is an exceptionally active and wide ranging field within legal. A provocative closing essay by one of the worlds leading moral philosophers illuminates how tort law enables philosophers to observe the abstract theories of. Professor geistfelds work has been characterized by a remarkable and admirable confluence of four characteristics. David owen school of law university of south carolina. A remarkable feature of the collection is that each one of its contributions elaborates original and fresh ideas on the foundations of tort law. Philosophical foundations of tort law ebook, 1997 worldcat. Philosophical foundations of fault in tort law by david g. Philosophical foundations of tort law, 1995 online research.
Philosophical foundations of the law of torts paperback john. The standards of care in negligence law by richard w. This collection of original essays on the theory of. Philosophical foundations of tort law under the publishers. Tort law in the aristotelian tradition \ james gordley 7. Structure and justification in contractualist tort theory 6. First, a metatheoretical distinction between the laws selfpresentation and a commitment to. 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 w.
Philosophical foundations of tort law legal outlet. Philosophical foundations of the law of torts philosophical foundations of law john oberdiek. First, a metatheoretical distinction between the laws selfpresentation and a commitment to epiphenomenalism. 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. The old and new philosophical foundations of tort law. The old and new philosophical foundations of tort law the. 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.
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. 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 particular, i shall mention two kinds of consequence. Laws moral foundations and content, richard wright 19. Philosophical foundations of the law of torts john. Philosophical foundations of the law of torts hardcover john. Philosophical foundations of tort law 1st edition by david g. In it, oberdiek offers a careful, original, and important. There are nineteen essays in this volume, all by heavy hitters among todays legal theorists.
The standards of care in negligence law, in philosophical foundations of tort law d. 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. Tort theory today is an exceptionally active and wideranging branch of legal philosophy. Confused culpability, contrived causation, and the collapse. The book included works from leading corrective justice scholars such. Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the. Hart meant his remark to apply to institutions other than criminal law, and it can certainly be applied to tort law. According to hart, at least six questions about punishment need to be answered separately. Pdf new philosophical foundations of tort law avihay. Mark gesitfeld, compensation as a tort norm, in philosophical foundations of the law of torts john oberdiek ed.
Philosophical foundations of tort law oxford scholarship. Philosophical foundations of tort law paperback david. 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. Owen, philosophical foundations of tort law oxford. 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. The everengaging topic of causation is the subject of one cluster of essays. 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.
Philosophical foundations of the law of torts ebook, 2014. 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. Philosophical foundations of the law of torts ebook by. The old and new philosophical foundations of tort law pino. 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. The contributions range broadly, from inquiries into how tort law derives from aristotle, thomas aquinas. Almost every single essay is about the philosophical foundations or lack thereof of the concepts of tort law. The theory of tort law is now the subject of a sophisticated debate, especially in north america.
Philosophical foundations of tort law under the publisher. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. To this extent, the philosophical foundations of the law of torts john oberdiek ed. Civil recourse and the tortcrime distinction, benjamin zipursky. And almost every one of them is extremely helpful in understanding the rationales, if any, behind these concepts. 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. Buy philosophical foundations of tort law new ed by owen, david g. Wrongs inside and outside the law of torts, robert stevens 17. The other main branches are contract, property, and restitution sometimes known as unjust enrichment. 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. Philosophical foundations of criminal law notre dame. Philosophical foundations of the law of torts hardcover.
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. John goldberg and i have a coauthored chapter in the volume. Part 2 will presuppose and rely on the main findings of what is tort law for. Contemporary philosophy and tort law have enjoyed a happy union at least since the publication of h. Philosophical foundations of the law of torts edited by john oberdiek philosophical foundations of law.
Confused culpability, contrived causation, and 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. Philosophical foundations of fault in tort law \ david g. Philosophical foundations of tort law, 1995 online.
A philosophical inquiry, in philosophical foundations of tort law, david owens eds. Contemporary philosophy and tort law have long enjoyed a happy union. 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. This chapter tries to unravel some of the questions and to suggest some answers. Pdf philosophical foundations of human rights philosophical. Representing angloamerican scholarship from both sides of the atlantic equally, it is less a work for the ages than a. Gregory keatingfor more than a decade, mark geistfeld has been developing an original and sophisticated theory of tort. Oxford university press 1995 abstract this collection of original essays on the theory of tort law brings. 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.
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. Tort law in the aristotelian tradition by james gordley. Owen, philosophical foundations of fault in tort law, in philosophical foundations of tort law 201, 22426 david g. Philosophical foundations of the law of torts by john. The contributions here range from law and economics to the latest in rightsbased theories. 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. Philosophical foundations of the law of torts 272, j. In this critical piece i take stock of current understandings of five basic distinctions in the theoretical study of tort law. Download philosophical foundations of human rights philosophical foundations of law ebook free in pdf and epub format. 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. The idea of complementarity as a philosophical basis for pluralism in tort law by izhak englard. Philosophical foundations of the law of torts john oberdiek. Consent and assumption of risk in tort and criminal law, ken simons 16. Buy philosophical foundations of the law of torts philosophical foundations of law by oberdiek, john isbn.
82 619 82 994 1412 920 454 741 11 1484 736 607 971 221 1442 794 66 843 60 1300 377 581 220 1438 660 404 735 510 928 226 482 302 1399 1276 955 1274 658 512 544 953 849 1306 1183 487 44 211 901 149