Philosophy and the Law of Torts

Philosophy and the Law of Torts

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When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.The Ownera#39;s Manual for my 1992 Honda Accord wagon reports that an average driver can expect to be in one serious automobile accident during her lifetime. Other things may not always be equal. If no-fault automobile insurance increases anbsp;...

Title:Philosophy and the Law of Torts
Author:Gerald J. Postema
Publisher:Cambridge University Press - 2001-11-19


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