Chapter

Foreword Why Philosophy Matters to Tort Law

DAVID G. OWEN

in The Philosophical Foundations of Tort Law

Published in print July 1997 | ISBN: 9780198265795
Published online March 2012 | e-ISBN: 9780191682971 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265795.003.0001
Foreword Why Philosophy Matters to Tort Law

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The collection of essays in this book provides an expansive philosophic view of tort law issues by many of the scholars who have helped develop the discipline in its recent emergence from the mists of academic obscurity to its present position as a neo-quasi-discipline of its own. The philosophy of tort law in some ways is very old. As revealed in several of the essays here, philosophical examination of tort law problems is conventionally traced to Aristotle’s discussion of corrective justice in Nicomachean Ethics written some 2,500 years ago. Then, in 1982 and 1983, a critical mass developed when a number of scholars, including Jules Coleman, Ernest Weinrib, and George Fletcher, offered a variety of diverse views on tort law and philosophy in law and philosophy. This was an important event in the evolution of tort.

Keywords: philosophy; tort law; Aristotle; Nicomachean Ethics; Jules Coleman; Ernest Weinrib; George Fletcher

Chapter.  13490 words. 

Subjects: Jurisprudence and Philosophy of Law

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