Book

The Philosophical Foundations of Tort Law

Edited by David G. Owen

Published in print July 1997 | ISBN: 9780198265795
Published online March 2012 | e-ISBN: 9780191682971 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265795.001.0001
The Philosophical Foundations of Tort Law

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This collection of 22 chapters on the philosophical fundamentals of tort law assembles many of the world’s leading commentators on this conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Thomas Aquinas, and Immanuel Kant to the latest economic and rights-based theories of legal responsibility. A closing chapter illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to a concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Keywords: philosophical fundamentals; tort law; philosophy; Aristotle; Thomas Aquinas; Immanuel Kant; rights-based theories; legal responsibility; moral philosophers; abstract theories

Book.  526 pages. 

Subjects: Jurisprudence and Philosophy of Law

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Table of Contents

Foreword Why Philosophy Matters to Tort Law in The Philosophical Foundations of Tort Law

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The Concept of a Civil Wrong in The Philosophical Foundations of Tort Law

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The Practice of Corrective Justice in The Philosophical Foundations of Tort Law

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The Morality of Tort Law—Questions and Answers in The Philosophical Foundations of Tort Law

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Wealth Maximization and Tort Law: A Philosophical Inquiry in The Philosophical Foundations of Tort Law

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The Uneasy Place of Principle in Tort Law in The Philosophical Foundations of Tort Law

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Tort Law in the Aristotelian Tradition in The Philosophical Foundations of Tort Law

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Right, Justice, and Tort Law in The Philosophical Foundations of Tort Law

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Philosophical Foundations of Fault in Tort Law in The Philosophical Foundations of Tort Law

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