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John Oberdiek [17]John F. K. Oberdiek [1]John Fredrick Karl Oberdiek [1]
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John Oberdiek
Rutgers University - New Brunswick
  1.  5
    Imposing Risk: A Normative Framework.John Oberdiek - 2017 - Oxford University Press UK.
    We subject others and are ourselves subjected to risk all the time - risk permeates life. Despite the ubiquity of risk and its imposition, philosophers and legal scholars have devoted little of their attention to the difficult questions stimulated by the pervasiveness of risk. When we impose risk upon others, what is it that we are doing? What is risking's moral significance? What moral standards govern the imposition of risk? And how should the law respond to it? This book highlights (...)
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  2. The Moral Significance of Risking.John Oberdiek - 2012 - Legal Theory 18 (3):339-356.
    What makes careless conduct careless is easily one of the deepest and most contested questions in negligence law, tort theory, and moral theory. Answering it involves determining the conditions that make the imposition of risk unjustifiable, wrong, or impermissible. Yet there is a still deeper as well as overlooked and undertheorized question: Why does subjecting others to risk of harm call for justification in the first place? That risk can be impermissibly imposed upon otherspresupposes that imposing risk is the kind (...)
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  3.  73
    Towards a Right Against Risking.John Oberdiek - 2009 - Law and Philosophy 28 (4):367 - 392.
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  4.  71
    Specifying Rights Out of Necessity.John Oberdiek - 2008 - Oxford Journal of Legal Studies 28 (1):19.
    It is the purpose of this article to make the positive case for an under-appreciated conception of rights: specified rights. In contrast to rights conceived generally, a specified right can stand against different behaviour in different circumstances, so that what conflicts with a right in one context may not conflict with it in another. The specified conception of rights thus combines into a single inquiry the two questions that must be answered in invoking the general conception of rights, identifying the (...)
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  5.  88
    Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights.John Oberdiek - 2004 - Law and Philosophy 23 (4):325 - 346.
    The infringing/violating distinction, first drawn by Judith Jarvis Thomson, is central to much contemporary rights theory. According to Thomson, conduct that is in some sense opposed to a right infringes it, while conduct that is also wrong violates the right. This distinction finds a home what I call, borrowing Robert Nozick's parlance, a "moral space" conception of rights, for the infringing/violating distinction presupposes that, as Nozick puts it, "a line (or hyper-plane) circumscribes an area in moral space around an individual." (...)
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  6.  36
    Culpability and the Definition of Deontological Constraints.John Oberdiek - 2008 - Law and Philosophy 27 (2):105 - 122.
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  7. Moral Evaluation and Conceptual Analysis in Jurisprudential Methodology.John Oberdiek & Dennis Patterson - 2007 - In Michael D. A. Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
  8.  83
    Philosophical Issues in Tort Law.John Oberdiek - 2008 - Philosophy Compass 3 (4):734-748.
    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.
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  9.  1
    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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  10.  7
    The Wrong in Negligence.John Oberdiek - 2021 - Oxford Journal of Legal Studies 41 (4):1174-1196.
    The elements of the tort of negligence are well known: injury, duty, breach, and actual and proximate cause. It is uncontroversial that the plaintiff must establish each of these elements to make out the prima facie case of negligence. Accordingly, there is no tort unless all of these elements are established. As torts are understood to be wrongs, it seems to follow that there is a wrong if and only if all of the elements of the tort of negligence are (...)
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  11. Specifying Constitutional Rights.John Oberdiek - 2010 - Constitutional Commentary 271 (1).
  12.  45
    Arguing About Law.Aileen Kavanagh & John Oberdiek (eds.) - 2008 - Routledge.
    _Arguing about Law_ introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, _Arguing About Law_ also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions (...)
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  13.  16
    Civil Wrongs and Justice in Private Law.John Oberdiek & Paul Miller (eds.) - 2020 - New York, NY, USA: Oxford University Press.
    Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the (...)
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  14. It's Something Personal: On the Relationality of Duty and Civil Wrongs.John Oberdiek - 2020 - In John Oberdiek & Paul Miller (eds.), Civil Wrongs and Justice in Private Law. New York, NY, USA:
     
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  15.  17
    The Ideal of Justice.John Oberdiek - 2014 - Jurisprudence 5 (2):363-368.
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  16.  36
    What’s Wrong with Infringements : A Reply.John Oberdiek - 2008 - Law and Philosophy 27 (3):293 - 307.
    An earlier article of mine, 'Lost in Moral Space: On the Infringing/Violating Distinction and its Place in the Theory of Rights', was devoted to rebutting Judith Jarvis Thomson's arguments in favor of incorporating the distinction between (permissibly) infringing and (impermissibly) violating a right. In 'A Defence of Infringement', Andrew Botterell maintains that my criticisms and attempted rebuttals of Thomson's position fail, and that despite my efforts to show otherwise, the category of right infringements is secure. In this reply, I explain (...)
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  17.  25
    Introductions.Kimberly Kessler Ferzan & John F. K. Oberdiek - 2013 - Law and Philosophy 32 (1):1-1.
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  18.  25
    Reasons, Motivation, and Sexism.John Oberdiek - 2001 - American Journal of Bioethics 1 (1):38 – 39.
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