Philosophy and the Law of Torts民事侵权法中的哲学

2007-09-10  

Cambridge University Press  

Postema, Gerald J. 编  

336  

When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Contributors 1 Introduction: Search for an Explanatory Theory of Torts 2 A Social Contract Conception of the Tort Law of Accidents 3 Responsibility for Outcomes, Risk, and the Law of Torts 4 The Significance of Doing and Suffering 5 Tort Law and Tort Theory: Preliminary Reflections on Method 6 Corrective Justice in an Age of Mass Torts 7 Economics, Moral Philosophy, and the Positive Analysis of Tort Law 8 Pluralism in Tort and Accident Law: Towards a Reasonable Accommodation References Index

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