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List of contents
- Introduction: Philosophical Foundations of the Law of Torts
- 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
- Bibliography
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.
Summary
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.
Additional text
The book is an intellectually fascinating collection of articles rethinking the law of torts in abstract, more philosophical terms.
