Philosophical Foundations of Tort Law

Edited by David G. Owen

A Clarendon Press Publication

Philosophical Foundations of Tort Law

Edited by David G. Owen

A Clarendon Press Publication

Description

This collection of original essays on the theory of tort law brings together a number of the world's leading legal philosophers and tort scholars to examine the latest thinking about its rationales and current development. The contributions here range from law and economics to the latest in rights-based theories. The ever-engaging topic of causation is the subject of one cluster of essays, while other clusters deal with remedies, with the tort/contract divide, and with strict and other special forms of liability.

Philosophical Foundations of Tort Law

Edited by David G. Owen

A Clarendon Press Publication

Foreword: Why Philosophy Matters to Tort Law, David G. Owen
I. The Nature and Realm of Tort Law and Philosophy
1. The Concept of a Civil Wrong. Peter Birks
2. The Practice of Corrective Justice. Jules L. Coleman
3. The Morality of Tort Law--Questions and Answers. Tony Honore
II. Principles and Values Underlying Tort Law
4. Wealth Maximization and Tort Law: A Philosophical Inquiry. Richard A. Posner
5. The Uneasy Place of Principle in Tort Law. George C. Christie
6. Tort Law in the Aristotelian Tradition. James Gordley
7. Rights, Justice, and Tort Law. Richard W. Wright
8. The Idea of Complementarity as a Philosophical Basis for Pluralism in Tort Law. Izhak Englard
III. Philosophical Perspectives on Tort Law Problems
A. Responsibility and the Basis of Liability
9. Philosophical Foundations of Fault in Tort Law. David G. Owen
10. Intention in Tort Law. John Finnis
11. The Standards of Care in Negligence Law. Richard W. Wright
12. The Seriousness of Harm Thesis for Abnormally Dangerous Activities. Ken Kress
13. Aggregate Autonomy, the Difference Principle, and the Calabresian Approach in Products Liability. John B. Attanasio
B. Connecting Agency and Harm: Risk, Causation, and Damage
14. Risk, Harm, and Responsibility. Stephen R. Perry
15. Causation, Compensation, and Moral Responsibility. Christopher H. Schroeder
16. Necessary and Sufficient Conditions in Tort Law. Tony Honore
17. Moments of Carelessness and Massive Loss. Jeremy Waldron
18. Wrongdoing, Welfare, and Damages: Recovery for Non-Pecuniary Loss in Corrective Justice. Bruce Chapman
19. The Basis for Excluding Liability for Economic Loss in Tort Law. Peter Benson
C. Victim Responsibility for Harm
20. Contributory Negligence: Conceptual and Normative Issues. Kenneth W. Simons
Afterword: What Has Philosophy to Learn from Tort Law?, Bernard Williams

Philosophical Foundations of Tort Law

Edited by David G. Owen

A Clarendon Press Publication

Author Information

David Owen is Byrnes Scholar and Professor of Tort Law at the University of South Carolina. He is best known for his co-authorship of Prosser and Keeton on Torts and Products Liability and Safety, and he is currently working on additional books concerning the law of torts and products liability.