Philosophical Foundations of the Law of Torts

Edited by John Oberdiek

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 on tort's moral foundations
Examines central puzzles in understanding the law of torts, including the role of responsibility and strict liability, the place of corrective justice in tort's moral foundations, and the role of law and economics in tort theory

Philosophical Foundations of the Law of Torts

Edited by John Oberdiek

Philosophical Foundations of Law

Description

Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. 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. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

Philosophical Foundations of the Law of Torts

Edited by John Oberdiek

Philosophical Foundations of Law

Introduction: Philosophical Foundations of the Law of Torts John Oberdiek
Part I: Foundations of Tort Law
1. Tort Law and Responsibility, John C.P. Goldberg and Benjamin C. Zipursky
2. Torts, Rights, and Risk, Stephen Perry
3. Compensation as a Tort Norm, Mark A. Geistfeld
4. Tort as a Substitute for Revenge, Scott Hershovitz
5. Structure and Justification in Contractualist Tort Theory, John Oberdiek
6. On the "Property" and the "Tort" in Trespass, Eric R. Claeys
7. Tort Law and Public Functions, Peter Cane
Part II: Harms, Wrongs, Responsibility, and Liability
8. What Might have Been, Victor Tadros
9. Why Reparations?, Rahul Kumar
10. Repairing Harms and Answering for Wrongs, R.A. Duff
11. Tort Processes and Relational Repair, Linda Radzik
12. Tort Liability and Taking Responsibility, David Enoch
13. Exploring the Relationship Between Consent, Assumption of Risk, and Victim Negligence, Kenneth W. Simons
14. Strict Liability Wrongs, Gregory C. Keating
15. Normative Theories of Punitive Damages: The Case of Deterrence, Anthony J. Sebok
Part III: Distributive Justice in Tort Law
16. What is Tort Law For? Part 2. The Place of Distributive Justice, John Gardner
17. Tort Law and Distributive Justice, Hanoch Sheinman
Part IV: Skeptical Perspectives
18. Finding No Fault With Negligence, Heidi M. Hurd
19. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory, Larry Alexander and Kimberly Kessler Ferzan
Bibliography

Philosophical Foundations of the Law of Torts

Edited by John Oberdiek

Philosophical Foundations of Law

Author Information

John Oberdiek, Professor of Law, Rutgers University

John Oberdiek is Professor at the Rutgers University School of Law. His is also a Director of the Rutgers Institute for Law and Philosophy, Associate Graduate Faculty in the Rutgers Department of Philosophy, Co-Editor of the journal Law and Philosophy, and has been a Laurance S. Rockefeller Visiting Fellow at the University Center for Human Values at Princeton.

Contributors:

Larry Alexander, University of San Diego
Kimberly Kessler Ferzan, Rutgers School of Law
Peter Cane, Australian National University
RA Duff, University of Minnesota
David Enoch, The Hebrew University of Jerusalem
John Gardner, University of Oxford
Scott Hershovitz, University of Michigan Law School
Gregory Keating, University of Southern California
Rahul Kumar, Queen's University, Canada
John Oberdiek, Rutgers School of Law
Stephen Perry, University of Pennsylvania
Linda Radzik, Texas A&M University
Hanoch Sheinman, Bar-Ilan University
Ken Simons, Boston University School of Law
Robert Stevens, University of Oxford
Victor Tadros, University of Warwick
Richard Wright, Illinois Institute of Technology
Benjamin Zipursky, Fordham University of New York
John Goldberg, Harvard Law School
Eric Claeys, George Mason University
Adam Scales, Rutgers Law School
Mark Geistfeld, New York University