Philosophical Foundations of the Law of Torts

ISBN : 9780198824220

John Oberdiek
464 Pages
156 x 234 mm
Pub date
Jun 2018
Send mail

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. It has contributions from all over the world and represents the state-of-the art in tort theory.


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

About the author: 

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.

The price listed on this page is the recommended retail price for Japan. When a discount is applied, the discounted price is indicated as “Discount price”. Prices are subject to change without notice.