Philosophy law of torts by Gerald J. Postema

By Gerald J. Postema

While injuries happen and other people endure accidents, who should undergo the loss? Tort legislation bargains a fancy algorithm to respond to this query, yet in the past philosophers have provided little when it comes to research of those principles. In 8 essays commissioned for this quantity, best felony theorists learn the philosophical foundations of tort legislation. This assortment might be of curiosity to execs and complicated scholars operating in philosophy of legislation, social concept, political concept, and legislation, in addition to somebody looking a greater figuring out of tort legislations.

Show description

Read or Download Philosophy law of torts PDF

Best other social sciences books

Place, Commonality and Judgment: Continental Philosophy and the Ancient Greeks

During this vital and hugely unique ebook, position, commonality and judgment give you the framework in which works vital to the Greek philosophical and literary culture are usefully situated and reinterpreted. Greek lifestyles, it may be argued, used to be outlined by means of the interconnection of position, commonality and judgment.

Lebenswelt oder Natur. Schwacher Naturalismus und Naturbegriff bei Jürgen Habermas

In seinen neueren Veröffentlichungen tritt Jürgen Habermas immer wieder als prominenter Kritiker von Naturalismus und Szientismus auf. Er will die kommunikative Vernunft vor ihrer Reduktion auf die instrumentelle bewahren, ohne dabei hinter die Voraussetzungen dessen zurückzufallen, used to be er nachmetaphysisches Denken nennt.

Extra resources for Philosophy law of torts

Sample text

54). My aim in this paper is to sketch the outlines of a third view,2 one that is liberal in general and Kantian in particular. It is liberal – as opposed to libertarian – in that it is driven by the value of fairness as much as by the value of freedom. Like libertarianism, this third view conceives of the central problem of accident law as a problem of human freedom. When the law of accidents licenses the imposition of a risk, it enhances the freedom of some and imperils A Social Contract Conception of the Tort Law of Accidents 23 the security of others.

My aim in this paper is to sketch the outlines of a third view,2 one that is liberal in general and Kantian in particular. It is liberal – as opposed to libertarian – in that it is driven by the value of fairness as much as by the value of freedom. Like libertarianism, this third view conceives of the central problem of accident law as a problem of human freedom. When the law of accidents licenses the imposition of a risk, it enhances the freedom of some and imperils A Social Contract Conception of the Tort Law of Accidents 23 the security of others.

Bringing Kantian theory to bear on tort practice thus illuminates the significance of negligence law’s attachment to reasonableness rather than rationality – a significance obscured by the prevailing economic account of the matter – and helps to justify that attachment (Keating 1996, pp. 311–13, 341–82). Conversely, the categories of liberty and security used by this theory to describe the stakes in accidental risk imposition show how that theory is reshaped by its encounter with tort practice.

Download PDF sample

Rated 4.62 of 5 – based on 7 votes