- New
-
Topics
- All Categories
- Metaphysics and Epistemology
- Value Theory
- Science, Logic, and Mathematics
- Science, Logic, and Mathematics
- Logic and Philosophy of Logic
- Philosophy of Biology
- Philosophy of Cognitive Science
- Philosophy of Computing and Information
- Philosophy of Mathematics
- Philosophy of Physical Science
- Philosophy of Social Science
- Philosophy of Probability
- General Philosophy of Science
- Philosophy of Science, Misc
- History of Western Philosophy
- Philosophical Traditions
- Philosophy, Misc
- Other Academic Areas
- Journals
- Submit material
- More
Tort law
In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Blackwell. pp. 64–89 (1996)
Abstract
This chapter contains sections titled: Economic Theories: Internalization Economic Theories: Deterrence Economic Theories: Loss Spreading Rights‐Based Theories and Distributive Justice Rights‐Based Theories and Corrective Justice References.Author's Profile
law of torts ‐ imposing legal liability on persons, interfering with interests of other persons “liability” ‐ not itself a legal remedy for harm inflicted different torts ‐ recognized by common law Intention ‐ offering one possible standard of liability tort of negligence ‐ adopting as its standard of liability, objective negligence standard main theoretical justifications ‐ for the law of torts three economic theory types ‐ core ideas of internalization, deterrence and loss spreading economic theories of deterrence ‐ powerful model, and potential justification rights‐based theories and distributive justice George Fletcher, a rights‐based theory of torts ‐ for negligence and strict liability as standards of liability
My notes
Similar books and articles
The science veil over tort law policy: How should scientific evidence be utilized in toxic tort law? [REVIEW]Carl F. Cranor - 2005 - Law and Philosophy 24 (2):139 - 210.
The Role of Causation in Decision of Tort Law.Robert C. Robinson - 2010 - Journal of Law, Development and Politics 1 (2).
Analytics
Added to PP
2010-07-14
Downloads
7 (#1,351,854)
6 months
5 (#652,053)
2010-07-14
Downloads
7 (#1,351,854)
6 months
5 (#652,053)
Historical graph of downloads
Author's Profile
Citations of this work
Variantism about responsibility.John M. Doris, Joshua Knobe & Robert L. Woolfolk - 2007 - Philosophical Perspectives 21 (1):183–214.
References found in this work
The practice of principle: in defence of a pragmatist approach to legal theory.Jules L. Coleman (ed.) - 2000 - New York: Oxford University Press.
The Idea of Private Law.Ernest Joseph Weinrib - 1995 - Oxford, United Kingdom: Oxford University Press UK.
Moments of carelessness and massive loss.Jeremy Waldron - 1995 - In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press. pp. 387.
Responsibility for outcomes, risk, and the law of torts.Stephen Perry - 2001 - In Gerald J. Postema (ed.), Philosophy and the Law of Torts. Cambridge University Press. pp. 72--1.
PhilPapers logo by Andrea Andrews and Meghan Driscoll.
This site uses cookies and Google Analytics (see our terms & conditions for details regarding the privacy implications). Use of this site is subject to terms & conditions.
All rights reserved by The PhilPapers Foundation
Server: philpapers-web-7c76586df8-pp8v9 uwo