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  1. Generative AI in EU Law: Liability, Privacy, Intellectual Property, and Cybersecurity.Claudio Novelli, Federico Casolari, Philipp Hacker, Giorgio Spedicato & Luciano Floridi - manuscript
    The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...)
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  2. Deviant Causation and the Law.Sara Bernstein - forthcoming - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy, and the Law.
    A gunman intends to shoot and kill Victim. He shoots and misses his target, but the gunshot startles a group of water buffalo, causing them to trample the victim to death. The gunman brings about the intended effect, Victim’s death, but in a “deviant” way rather than the one planned. This paper argues that such causal structures, deviant causal chains, pose serious problems for several key legal concepts. -/- I show that deviant causal chains pose problems for the legal distinction (...)
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  3. Legal Luck.Ori Herstein - forthcoming - In Herstein Ori (ed.), Rutledge Companion to the Philosophy of Luck. Rutledge.
    Explaining the notion of legal luck and exploring its justification. Focusing on how legal luck relates to moral luck, legal causation and negligence, and to civil and criminal liability.
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  4. Responsibility in Negligence: Discussion of 'From Normativity to Responsibility'.Ori J. Herstein - forthcoming - Jerusalem Review of Legal Studies.
    This essay explains, expands, develops, and reflects on the Razian theory of responsibility and identity, focusing primarily on responsibility for negligent actions. I begin with setting the stage for understanding the importance of Joseph Raz’s theory and what motivates it. Next, the essay lays out the theory itself, and offers some elaboration on some of the less developed features of the theory. The essay closes with two critical reflections.
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  5. ‘I Didn’t Know It Was You’: The Impersonal Grounds of Relational Normativity.Jed Lewinsohn - forthcoming - Noûs.
    A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. More generally, just (...)
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  6. Broken brakes and dreaming drivers: the heuristic value of causal models in the law.Enno Fischer - 2024 - European Journal for Philosophy of Science 14 (1):1-20.
    Recently, there has been an increased interest in employing model-based definitions of actual causation in legal inquiry. The formal precision of such approaches promises to be an improvement over more traditional approaches. Yet model-based approaches are viable only if suitable models of legal cases can be provided, and providing such models is sometimes difficult. I argue that causal-model-based definitions benefit legal inquiry in an indirect way. They make explicit the causal assumptions that need to be made plausible to defend a (...)
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  7. (When) Are Authors Culpable for Causing Harm?Marcus Arvan - 2023 - Journal of Moral Philosophy 20 (1-2):47-78.
    To what extent are authors morally culpable for harms caused by their published work? Can authors be culpable even if their ideas are misused, perhaps because they failed to take precautions to prevent harmful misinterpretations? Might authors be culpable even if they do take precautions—if, for example, they publish ideas that others can be reasonably expected to put to harmful uses, precautions notwithstanding? Although complete answers to these questions depend upon controversial views about the right to free speech, this paper (...)
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  8. Omissive Overdetermination: Why the Act-Omission Distinction Makes a Difference for Causal Analysis.Yuval Abrams - 2022 - University of Western Australia Law Review 1 (49):57-86.
    Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. What (...)
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  9. Putinism: A Phenomenological and Prototypical Investigation.Andrej Poleev - 2021 - Enzymes.
    English abstract: On last day of the year 1999, Russia has entered another era of despotism, that of Vladimir Putin. During his reign, the Putin‘s clan has undermined and infiltrated the mass media, the parliament and the judicial system. Deliberate violation of basic citizen‘s rights, compulsory acquisition of property, government-funded racket, misuse of mass media to scarify and to disinform the peoples belong to the diabolic methods of self-constituted disposers. All this lawlessness has led to exorbitant corruption, mass poverty, economic (...)
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  10. Justice in epistemic gaps: The ‘proof paradox’ revisited.Lewis Ross - 2021 - Philosophical Issues 31 (1):315-333.
    This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.
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  11. Strict moral liability.Justin A. Capes - 2019 - Social Philosophy and Policy 36 (1):52-71.
    :Strict liability in tort law is thought by some to have a moral counterpart. In this essay I attempt to determine whether there is, in fact, strict liability in the moral domain. I argue that there is, and I critically evaluate several accounts of its normative foundations before suggesting one of my own.
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  12. Torts and Other Wrongs.John Gardner - 2019 - Oxford University Press.
    This book collects John Gardner's celebrated essays on the theory of private law, alongside two new essays. Together they range across the central puzzles in understanding the significance of outcomes, the role of justice in private law, strict liability, the reasonable person standard, and the role of public policy in tort law.
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  13. Multiple reasonable behaviors cases: The problem of causal underdetermination in tort law.Maytal Gilboa - 2019 - Legal Theory 25 (2):77-104.
  14. Nobody’s Perfect: Moral Responsibility in Negligence.Ori Herstein - 2019 - Canadian Journal of Law and Jurisprudence 31 (1):109-125.
    Given the unwittingness of negligence, personal responsibility for negligent conduct is puzzling. After all, how is it that one is responsible for what one did not intend to do or was unaware that one was doing? How, therefore, is one’s agency involved with one’s negligence so as to ground one’s responsibility for it? Negligence is an unwitting failure in agency to meet a standard requiring conduct that falls within one’s competency. Accordingly, negligent conduct involves agency in that negligence is a (...)
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  15. Is There a Case for Strict Liability?Larry Alexander - 2018 - Criminal Law and Philosophy 12 (3):531-538.
    In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...)
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  16. Environmental law & the limits of markets.Jonathan Benson - 2018 - Cambridge Journal of Economics 42 (1):215–230.
    A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper will (...)
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  17. Ronald Dworkin and the Curious Case of the Floodgates Argument.Noam Gur - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):323-345.
    This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...)
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  18. The Strategic Foul and Contract Law: Efficient Breach in Sports?Miroslav Imbrisevic - 2018 - Fair Play 12:69-99.
    The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...)
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  19. Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids.Jennifer Hendry & Colin King - 2017 - Criminal Law and Philosophy 11 (4):733-757.
    In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...)
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  20. Private Wrongs.Ripstein Arthur - 2016 - Cambridge MA: Harvard University Press.
    A waiter spills hot coffee on a customer. A person walks on another person’s land. A moored boat damages a dock during a storm. A frustrated neighbor bangs on the wall. A reputation is ruined by a mistaken news report. Although the details vary, the law recognizes all of these as torts, different ways in which one person wrongs another. Tort law can seem puzzling: sometimes people are made to pay damages when they are barely or not at fault, while (...)
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  21. Book Review, Jean Thomas "Public Rights, Private Relations". [REVIEW]Anthony R. Reeves - 2016 - Law and Philosophy 35 (5):529-536.
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  22. Protecting Private Information of Public Interest: Campbell's Great Promise Unfulfilled.Paul Wragg - 2016 - Journal of Media Law 7 (2):225-250.
    According to the House of Lords decision in Campbell v MGN Ltd, a misuse of private information claim may succeed even though public interest expression is at stake. The post-Campbell jurisprudence, however, does not reflect this central tenet. Cases are not determined by balancing the weight of each claim but by a binary approach in which claims succeed or fail depending on whether public interest expression is present or not. By charting this development, this article argues that a greater sense (...)
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  23. Fictions in Tort.James Lee - 2015 - In William Twining & Maksymilian Del Mar (eds.), Legal Fictions in Theory and Practice. Cham: Springer Verlag.
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  24. Standard Threats: How to Violate Basic Human Rights.Anthony R. Reeves - 2015 - Social Theory and Practice 41 (3):403-434.
    The paper addresses the nature of duties grounded in human rights. Rather than being protections against harm, per se, I contend that human rights largely shield against risk impositions to protected interests. “Risk imposition” is a normative idea requiring explication, but understanding dutiful action in its terms enables human rights to provide prospective policy guidance, hold institutions accountable, operate in non-ideal circumstances, embody impartiality among persons, and define the moral status of agencies in international relations. Slightly differently, I indicate a (...)
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  25. The Markers of Deconstructive Citizenship: A Corrective to the Constructionist Approach to Justice. [REVIEW]Giovanna Borradori - 2014 - Philosophy Today 58 (3):477-486.
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  26. Corrective Justice, by Ernest J. Weinrib. [REVIEW]A. Botterell - 2014 - Mind 123 (491):966-970.
    A review of Ernest Weinrib's _Corrective Justice_.
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  27. Wrongful Life Claims and Negligent Selection of Gametes or Embryos in Infertility Treatments: A Quest for Coherence.Noam Gur - 2014 - Journal of Law and Medicine 22:426-441.
    This article discusses an anomaly in the English law of reproductive liability: that is, an inconsistency between the law’s approach to wrongful life claims and its approach to cases of negligent selection of gametes or embryos in infertility treatments (the selection cases). The article begins with an account of the legal position, which brings into view the relevant inconsistency: while the law treats wrongful life claims as non- actionable, it recognises a cause of action in the selection cases, although the (...)
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  28. Smooth and Bumpy Laws.Adam Kolber - 2014 - California Law Review 102:655-690.
    Modest differences in conduct can lead to wildly different legal outcomes. A person deemed slightly negligent when harming another may owe millions of dollars. Had the person been just a bit more cautious, he would owe nothing. Similarly, when self-defense is deemed slightly negligent, a person may spend several years in prison. Had the person been just a bit more cautious, he would have no criminal liability at all. Though the law must draw difficult lines, the lines need not have (...)
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  29. Philosophical Foundations of the Law of Torts.John Oberdiek (ed.) - 2014 - Oxford University Press UK.
    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.
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  30. Private law as an open legal order: understanding contract and tort as interactional law.Sanne Taekema PhD - 2014 - Netherlands Journal of Legal Philosophy 43 (2):140-149.
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  31. Tort Processes and Relational Repair.Linda Radzik - 2014 - In John Oberdiek (ed.), Philosophical Foundations of the Law of Torts. Oxford University Press UK. pp. 231-49.
    The last twenty-five years or so of thought about tort law have been remarkably productive and dynamic, as the dominance of the law and economics model has been challenged by theories that reintroduce the language of corrective justice. Over this same time period, theorizing about corrective justice has sprung up in response to a wide range of social, political and moral issues. I have in mind work on restorative theories in criminal justice; on postwar justice; on truth commissions, political reconciliation (...)
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  32. Negating and Counterbalancing: A Fundamental Distinction in the Concept of a Corrective Duty. [REVIEW]Adam Slavny - 2014 - Law and Philosophy 33 (2):143-173.
    I argue in this paper that negating and counterbalancing should be recognised as two fundamental categories of corrective action. First, I show that recognising the distinction helps to avoid confusion when asking normative questions about the justification of imposing corrective duties. Second, I argue that we have moral reasons to care about the difference between negating and counterbalancing detrimental states, and this has implications for permissible action. I then outline some ways in which the discussion helps us explain and justify (...)
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  33. Why 'Nonexistent People' Do Not Have Zero Wellbeing but No Wellbeing at All.Ori J. Herstein - 2013 - Journal of Applied Philosophy 30 (2):136-145.
    Some believe that the harm or benefit of existence is assessed by comparing a person's actual state of wellbeing with the level of wellbeing they would have had had they never existed. This approach relies on ascribing a state or level of wellbeing to ‘nonexistent people’, which seems a peculiar practice: how can we attribute wellbeing to a ‘nonexistent person'? To explain away this oddity, some have argued that because no properties of wellbeing can be attributed to ‘nonexistent people’ such (...)
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  34. On the Function of the Law of Negligence.Andrew Robertson - 2013 - Oxford Journal of Legal Studies 33 (1):31-57.
    This article offers an understanding of the law of negligence which explains its concern with both interpersonal justice and community welfare. It argues that close attention to the structure of the duty of care inquiry and the reasoning in duty cases suggests that the law of negligence has an underlying community welfare purpose, but that purpose is not to be found in notions of deterrence, compensation or the improvement of standards of behaviour. The community welfare purpose underlying the law of (...)
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  35. Private Law and Justice.Sandy Steel - 2013 - Oxford Journal of Legal Studies 33 (3):607-628.
    This article is in two parts. The first part critically examines the foundations of Weinrib’s theory of corrective justice. It casts doubt upon his claim that private law faces incoherence if it is not entirely based upon corrective justice and questions the normative appeal of that view. The second part makes a variety of critical observations in relation to Weinrib’s corrective-justice-based treatment of particular areas of private law.
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  36. The Inner Morality of Private Law.Benjamin C. Zipursky - 2013 - American Journal of Jurisprudence 58 (1):27-44.
    Lon Fuller’s classic The Morality of Law is an exploration of the basic principles of a legal system: the law should be publicly promulgated, prospective, clear, and general. So deep are these principles, he argued, that too great a deviation from them would not simply create a bad legal system and bad law, but would render the products of such a system undeserving of the name “law” at all. In this essay, I argue that Fuller’s basic principles are not in (...)
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  37. The edges of tort law's rights.Roderick Bagshaw - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  38. Necessity, Moral Liability, and Defensive Harm.Joanna Mary Firth & Jonathan Quong - 2012 - Law and Philosophy 31 (6):673-701.
    A person who is liable to defensive harm has forfeited his rights against the imposition of the harm, and so is not wronged if that harm is imposed. A number of philosophers, most notably Jeff McMahan, argue for an instrumental account of liability, whereby a person is liable to defensive harm when he is either morally or culpably responsible for an unjust threat of harm to others, and when the imposition of defensive harm is necessary to avert the threatened unjust (...)
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  39. Rights and Responsibility in the law of torts.John C. P. Goldberg & Benjamin C. Zipursky - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  40. Is the role of tort to repair wrongful losses?Gregory C. Keating - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  41. Rights and the basis of tort law.Nicholas J. McBride - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  42. Misfeasance in a Public Office: A Tort Law Misfit?John Murphy - 2012 - Oxford Journal of Legal Studies 32 (1):51-75.
    This article explores the peculiarities of the tort of misfeasance in a public office from the perspective of two popular, contemporary theories of tort law: the rights-based theory of Robert Stevens, and the corrective justice theory of Ernest Weinrib. It identifies four significant problems of fit for these theories: viz, the fact that this tort does not protect a clearly defined private law right; the fact that its touchstones of liability include concepts that are highly unusual in tort law (such (...)
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  43. 'A tort against land' : private nuisance as a property tort.Donal Nolan - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  44. Liability to Defensive Harm.Jonathan Quong - 2012 - Philosophy and Public Affairs 40 (1):45-77.
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  45. Rights, pluralism and the duty of care.Andrew Robertson - 2012 - In Donal Nolan & Andrew Robertson (eds.), Rights and private law. Portland, Oregon: Hart.
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  46. De livres considérés à tort comme mineurs.Diogo Sardinha - 2012 - Rue Descartes 75 (3):1.
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  47. Liability for Life.Carl E. Schneider - 2012 - Hastings Center Report 34 (4):10-11.
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  48. Corrective justice.Ernest Joseph Weinrib - 2012 - Oxford, United Kingdom: Oxford University Press.
    Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers.
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  49. The law of torts.Benjamin C. Zipursky - 2012 - In Marmor Andrei (ed.), The Routledge Companion to Philosophy of Law. Routledge. pp. 261.
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  50. A Review of Izhak Englard, Corrective and Distributive Justice: From Aristotle to Modern Times[REVIEW]Sean Coyle - 2011 - Jurisprudence 2 (2):597-601.
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