Philosophical Foundations of the Law of Torts
Philosophical Foundations of the Law of Torts
Professor of Law
Cite
Abstract
Contemporary philosophy and tort law have enjoyed a happy union at least since the publication of H.L.A. Hart and Tony Honoré’s Causation in the Law in 1959, and the relationship has never been better. Tort theory today is an exceptionally active and wide-ranging branch of legal philosophy. This volume of nineteen original chapters showcases the latest work by established and emerging tort theorists, as well as philosophers outside of tort theory focusing their analytical powers on issues central to the law of torts. It will be sure to deepen and broaden the philosophical study of tort law and will help set the agenda in tort theory for many years to come. The volume is divided into four parts. Part I, examines a wide variety of fundamental principles and theories of tort law. Part II, ranges over the nature of harm, the grounds of repair, accountability and the nature and limits of one’s responsibility wrongfully injuring others, and the justification of punitive damages. Part III, includes a pair of chapters exploring precisely that relationship, while Part IV, includes a pair of chapters that questions, respectively, the soundness of the signal tort of negligence and the stability of tort law as a whole.
-
Front Matter
- Introduction: Philosophical Foundations of the Law of Torts
-
Part I Foundations of Tort Law
-
1
Tort Law and Responsibility
John C.P. Goldberg andBenjamin C. Zipursky
-
2
Torts, Rights, and Risk
Stephen Perry
-
3
Compensation as a Tort Norm
Mark A. Geistfeld
-
4
Tort as a Substitute for Revenge
Scott Hershovitz
-
5
Structure and Justification in Contractualist Tort Theory
-
6
On the “Property” and the “Tort” in Trespass
Eric R Claeys
-
7
Tort Law and Public Functions
Peter Cane
-
1
Tort Law and Responsibility
-
Part II Harms, Wrongs, Responsibility, and Liability
-
8
What Might Have Been
Victor Tadros
-
9
Why Reparations?
Rahul Kumar
-
10
Repairing Harms and Answering for Wrongs
R.A. Duff
-
11
Tort Processes and Relational Repair
Linda Radzik
-
12
Tort Liability and Taking Responsibility
David Enoch
-
13
Exploring the Relationship between Consent, Assumption of Risk, and Victim Negligence
Kenneth W. Simons
-
14
Strict Liability Wrongs
Gregory C. Keating
-
15
Normative Theories of Punitive Damages: The Case of Deterrence
Anthony J. Sebok
-
8
What Might Have Been
-
Part III Distributive Justice in Tort Law
-
Part IV Skeptical Perspectives
-
End Matter
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 5 |
October 2022 | 14 |
October 2022 | 6 |
October 2022 | 15 |
October 2022 | 2 |
October 2022 | 15 |
October 2022 | 8 |
October 2022 | 19 |
October 2022 | 9 |
October 2022 | 9 |
October 2022 | 2 |
October 2022 | 12 |
October 2022 | 45 |
October 2022 | 8 |
October 2022 | 9 |
October 2022 | 7 |
October 2022 | 6 |
October 2022 | 8 |
October 2022 | 20 |
October 2022 | 6 |
October 2022 | 7 |
October 2022 | 9 |
October 2022 | 6 |
October 2022 | 8 |
October 2022 | 12 |
October 2022 | 16 |
November 2022 | 18 |
November 2022 | 6 |
November 2022 | 4 |
November 2022 | 26 |
November 2022 | 14 |
November 2022 | 1 |
November 2022 | 6 |
November 2022 | 9 |
November 2022 | 8 |
November 2022 | 9 |
November 2022 | 3 |
November 2022 | 5 |
November 2022 | 3 |
November 2022 | 2 |
November 2022 | 8 |
November 2022 | 17 |
November 2022 | 2 |
November 2022 | 8 |
November 2022 | 8 |
November 2022 | 14 |
November 2022 | 39 |
November 2022 | 7 |
November 2022 | 2 |
November 2022 | 6 |
November 2022 | 8 |
November 2022 | 4 |
December 2022 | 10 |
December 2022 | 5 |
December 2022 | 59 |
December 2022 | 3 |
December 2022 | 21 |
December 2022 | 3 |
December 2022 | 6 |
December 2022 | 1 |
December 2022 | 2 |
December 2022 | 2 |
December 2022 | 6 |
December 2022 | 4 |
December 2022 | 2 |
December 2022 | 7 |
December 2022 | 1 |
December 2022 | 1 |
December 2022 | 2 |
December 2022 | 37 |
January 2023 | 22 |
January 2023 | 9 |
January 2023 | 14 |
January 2023 | 4 |
January 2023 | 6 |
January 2023 | 37 |
January 2023 | 5 |
January 2023 | 3 |
January 2023 | 6 |
January 2023 | 3 |
January 2023 | 10 |
January 2023 | 3 |
January 2023 | 5 |
January 2023 | 39 |
January 2023 | 7 |
January 2023 | 3 |
January 2023 | 4 |
January 2023 | 6 |
January 2023 | 5 |
January 2023 | 9 |
January 2023 | 8 |
January 2023 | 9 |
January 2023 | 24 |
January 2023 | 3 |
January 2023 | 7 |
January 2023 | 1 |
February 2023 | 3 |
February 2023 | 1 |
February 2023 | 20 |
February 2023 | 18 |
February 2023 | 4 |
February 2023 | 1 |
February 2023 | 7 |
February 2023 | 1 |
February 2023 | 6 |
February 2023 | 1 |
February 2023 | 3 |
February 2023 | 2 |
February 2023 | 3 |
February 2023 | 10 |
February 2023 | 1 |
February 2023 | 10 |
February 2023 | 8 |
March 2023 | 19 |
March 2023 | 4 |
March 2023 | 18 |
March 2023 | 3 |
March 2023 | 59 |
March 2023 | 9 |
March 2023 | 36 |
March 2023 | 9 |
March 2023 | 12 |
March 2023 | 1 |
March 2023 | 19 |
March 2023 | 3 |
March 2023 | 18 |
March 2023 | 43 |
March 2023 | 10 |
March 2023 | 23 |
March 2023 | 43 |
March 2023 | 1 |
March 2023 | 8 |
March 2023 | 36 |
March 2023 | 10 |
March 2023 | 7 |
March 2023 | 3 |
March 2023 | 13 |
March 2023 | 6 |
March 2023 | 11 |
April 2023 | 36 |
April 2023 | 2 |
April 2023 | 6 |
April 2023 | 4 |
April 2023 | 1 |
April 2023 | 2 |
April 2023 | 36 |
April 2023 | 5 |
April 2023 | 12 |
April 2023 | 13 |
April 2023 | 5 |
April 2023 | 4 |
April 2023 | 18 |
April 2023 | 10 |
April 2023 | 9 |
April 2023 | 5 |
April 2023 | 4 |
April 2023 | 4 |
April 2023 | 9 |
April 2023 | 30 |
April 2023 | 2 |
May 2023 | 41 |
May 2023 | 6 |
May 2023 | 11 |
May 2023 | 11 |
May 2023 | 22 |
May 2023 | 1 |
May 2023 | 91 |
May 2023 | 9 |
May 2023 | 58 |
May 2023 | 5 |
May 2023 | 34 |
May 2023 | 22 |
May 2023 | 9 |
May 2023 | 10 |
May 2023 | 11 |
May 2023 | 4 |
May 2023 | 2 |
May 2023 | 16 |
May 2023 | 5 |
May 2023 | 21 |
June 2023 | 8 |
June 2023 | 3 |
June 2023 | 12 |
June 2023 | 2 |
June 2023 | 6 |
June 2023 | 16 |
June 2023 | 9 |
June 2023 | 17 |
June 2023 | 4 |
June 2023 | 2 |
June 2023 | 6 |
June 2023 | 8 |
June 2023 | 6 |
June 2023 | 5 |
June 2023 | 18 |
June 2023 | 6 |
June 2023 | 8 |
June 2023 | 10 |
June 2023 | 8 |
June 2023 | 2 |
June 2023 | 8 |
June 2023 | 7 |
June 2023 | 17 |
June 2023 | 2 |
June 2023 | 2 |
June 2023 | 6 |
July 2023 | 4 |
July 2023 | 2 |
July 2023 | 8 |
July 2023 | 2 |
July 2023 | 3 |
July 2023 | 2 |
July 2023 | 4 |
July 2023 | 2 |
July 2023 | 1 |
July 2023 | 1 |
July 2023 | 2 |
July 2023 | 1 |
August 2023 | 7 |
August 2023 | 1 |
August 2023 | 10 |
August 2023 | 17 |
August 2023 | 21 |
August 2023 | 15 |
August 2023 | 10 |
August 2023 | 11 |
August 2023 | 2 |
August 2023 | 2 |
August 2023 | 15 |
August 2023 | 11 |
August 2023 | 6 |
August 2023 | 8 |
August 2023 | 16 |
August 2023 | 9 |
August 2023 | 14 |
August 2023 | 9 |
August 2023 | 8 |
August 2023 | 7 |
August 2023 | 6 |
August 2023 | 5 |
August 2023 | 4 |
August 2023 | 6 |
September 2023 | 11 |
September 2023 | 1 |
September 2023 | 42 |
September 2023 | 17 |
September 2023 | 8 |
September 2023 | 10 |
September 2023 | 13 |
September 2023 | 8 |
September 2023 | 8 |
September 2023 | 6 |
September 2023 | 15 |
September 2023 | 8 |
September 2023 | 11 |
September 2023 | 6 |
September 2023 | 8 |
September 2023 | 6 |
September 2023 | 4 |
September 2023 | 6 |
September 2023 | 10 |
September 2023 | 10 |
September 2023 | 15 |
October 2023 | 5 |
October 2023 | 1 |
October 2023 | 3 |
October 2023 | 1 |
October 2023 | 12 |
October 2023 | 10 |
October 2023 | 2 |
October 2023 | 5 |
October 2023 | 5 |
October 2023 | 2 |
October 2023 | 11 |
October 2023 | 8 |
October 2023 | 5 |
October 2023 | 7 |
October 2023 | 7 |
October 2023 | 3 |
October 2023 | 13 |
October 2023 | 3 |
October 2023 | 6 |
November 2023 | 8 |
November 2023 | 3 |
November 2023 | 15 |
November 2023 | 7 |
November 2023 | 10 |
November 2023 | 11 |
November 2023 | 4 |
November 2023 | 8 |
November 2023 | 11 |
November 2023 | 8 |
November 2023 | 19 |
November 2023 | 6 |
November 2023 | 2 |
November 2023 | 5 |
November 2023 | 4 |
November 2023 | 19 |
November 2023 | 7 |
November 2023 | 7 |
November 2023 | 7 |
November 2023 | 8 |
November 2023 | 8 |
November 2023 | 8 |
November 2023 | 11 |
November 2023 | 2 |
November 2023 | 7 |
November 2023 | 2 |
December 2023 | 6 |
December 2023 | 1 |
December 2023 | 3 |
December 2023 | 17 |
December 2023 | 4 |
December 2023 | 2 |
December 2023 | 5 |
December 2023 | 7 |
December 2023 | 11 |
December 2023 | 2 |
December 2023 | 5 |
December 2023 | 5 |
December 2023 | 1 |
December 2023 | 1 |
December 2023 | 3 |
December 2023 | 2 |
January 2024 | 12 |
January 2024 | 3 |
January 2024 | 8 |
January 2024 | 2 |
January 2024 | 35 |
January 2024 | 7 |
January 2024 | 12 |
January 2024 | 7 |
January 2024 | 9 |
January 2024 | 2 |
January 2024 | 1 |
January 2024 | 9 |
January 2024 | 11 |
January 2024 | 8 |
January 2024 | 7 |
January 2024 | 10 |
January 2024 | 8 |
January 2024 | 9 |
January 2024 | 13 |
January 2024 | 6 |
January 2024 | 11 |
January 2024 | 1 |
January 2024 | 7 |
January 2024 | 2 |
January 2024 | 4 |
January 2024 | 8 |
February 2024 | 9 |
February 2024 | 3 |
February 2024 | 5 |
February 2024 | 6 |
February 2024 | 7 |
February 2024 | 2 |
February 2024 | 5 |
February 2024 | 31 |
February 2024 | 2 |
February 2024 | 4 |
February 2024 | 19 |
February 2024 | 1 |
February 2024 | 2 |
February 2024 | 1 |
February 2024 | 12 |
February 2024 | 11 |
February 2024 | 4 |
February 2024 | 20 |
February 2024 | 1 |
February 2024 | 5 |
February 2024 | 2 |
February 2024 | 22 |
February 2024 | 1 |
February 2024 | 2 |
March 2024 | 24 |
March 2024 | 8 |
March 2024 | 3 |
March 2024 | 24 |
March 2024 | 15 |
March 2024 | 15 |
March 2024 | 16 |
March 2024 | 20 |
March 2024 | 22 |
March 2024 | 20 |
March 2024 | 6 |
March 2024 | 3 |
March 2024 | 9 |
March 2024 | 25 |
March 2024 | 8 |
March 2024 | 5 |
March 2024 | 3 |
March 2024 | 11 |
March 2024 | 6 |
March 2024 | 17 |
April 2024 | 38 |
April 2024 | 4 |
April 2024 | 36 |
April 2024 | 12 |
April 2024 | 6 |
April 2024 | 4 |
April 2024 | 9 |
April 2024 | 6 |
April 2024 | 24 |
April 2024 | 50 |
April 2024 | 2 |
April 2024 | 4 |
April 2024 | 2 |
April 2024 | 5 |
April 2024 | 4 |
April 2024 | 9 |
April 2024 | 8 |
April 2024 | 31 |
April 2024 | 9 |
April 2024 | 1 |
April 2024 | 7 |
April 2024 | 3 |
April 2024 | 1 |
April 2024 | 15 |
May 2024 | 27 |
May 2024 | 6 |
May 2024 | 16 |
May 2024 | 26 |
May 2024 | 5 |
May 2024 | 5 |
May 2024 | 11 |
May 2024 | 15 |
May 2024 | 45 |
May 2024 | 5 |
May 2024 | 4 |
May 2024 | 7 |
May 2024 | 10 |
May 2024 | 16 |
May 2024 | 14 |
May 2024 | 10 |
May 2024 | 10 |
May 2024 | 1 |
May 2024 | 11 |
May 2024 | 4 |
May 2024 | 9 |
May 2024 | 4 |
May 2024 | 22 |
May 2024 | 11 |
May 2024 | 8 |
June 2024 | 13 |
June 2024 | 1 |
June 2024 | 3 |
June 2024 | 8 |
June 2024 | 16 |
June 2024 | 14 |
June 2024 | 4 |
June 2024 | 5 |
June 2024 | 5 |
June 2024 | 3 |
June 2024 | 8 |
June 2024 | 6 |
June 2024 | 8 |
June 2024 | 6 |
June 2024 | 8 |
June 2024 | 13 |
June 2024 | 9 |
June 2024 | 8 |
June 2024 | 6 |
June 2024 | 9 |
June 2024 | 6 |
June 2024 | 4 |
June 2024 | 10 |
June 2024 | 7 |
July 2024 | 7 |
July 2024 | 1 |
July 2024 | 8 |
July 2024 | 7 |
July 2024 | 7 |
July 2024 | 3 |
July 2024 | 1 |
July 2024 | 1 |
July 2024 | 3 |
July 2024 | 2 |
July 2024 | 2 |
July 2024 | 7 |
July 2024 | 2 |
July 2024 | 2 |
July 2024 | 7 |
July 2024 | 8 |
July 2024 | 5 |
July 2024 | 1 |
July 2024 | 5 |
July 2024 | 5 |
August 2024 | 14 |
August 2024 | 4 |
August 2024 | 7 |
August 2024 | 2 |
August 2024 | 9 |
August 2024 | 12 |
August 2024 | 9 |
August 2024 | 8 |
August 2024 | 8 |
August 2024 | 1 |
August 2024 | 4 |
August 2024 | 2 |
August 2024 | 4 |
August 2024 | 6 |
August 2024 | 6 |
August 2024 | 4 |
August 2024 | 20 |
August 2024 | 1 |
August 2024 | 4 |
August 2024 | 5 |
August 2024 | 12 |
August 2024 | 10 |
August 2024 | 7 |
August 2024 | 5 |
August 2024 | 2 |
August 2024 | 5 |
September 2024 | 9 |
September 2024 | 1 |
September 2024 | 34 |
September 2024 | 4 |
September 2024 | 13 |
September 2024 | 16 |
September 2024 | 6 |
September 2024 | 4 |
September 2024 | 3 |
September 2024 | 1 |
September 2024 | 18 |
September 2024 | 1 |
September 2024 | 1 |
September 2024 | 2 |
September 2024 | 5 |
September 2024 | 2 |
September 2024 | 3 |
October 2024 | 20 |
October 2024 | 5 |
October 2024 | 5 |
October 2024 | 33 |
October 2024 | 18 |
October 2024 | 6 |
October 2024 | 11 |
October 2024 | 13 |
October 2024 | 38 |
October 2024 | 11 |
October 2024 | 4 |
October 2024 | 372 |
October 2024 | 21 |
October 2024 | 7 |
October 2024 | 6 |
October 2024 | 25 |
October 2024 | 9 |
October 2024 | 7 |
October 2024 | 35 |
October 2024 | 19 |
October 2024 | 20 |
October 2024 | 7 |
October 2024 | 3 |
October 2024 | 4 |
October 2024 | 12 |
October 2024 | 3 |
November 2024 | 4 |
November 2024 | 5 |
November 2024 | 6 |
November 2024 | 26 |
November 2024 | 5 |
November 2024 | 3 |
November 2024 | 7 |
November 2024 | 11 |
November 2024 | 2 |
November 2024 | 2 |
November 2024 | 4 |
November 2024 | 2 |
November 2024 | 3 |
November 2024 | 33 |
November 2024 | 3 |
November 2024 | 10 |
November 2024 | 3 |
November 2024 | 10 |
November 2024 | 5 |
November 2024 | 3 |
November 2024 | 15 |
December 2024 | 15 |
December 2024 | 5 |
December 2024 | 23 |
December 2024 | 10 |
December 2024 | 7 |
December 2024 | 6 |
December 2024 | 8 |
December 2024 | 6 |
December 2024 | 7 |
December 2024 | 4 |
December 2024 | 5 |
December 2024 | 24 |
December 2024 | 5 |
December 2024 | 6 |
December 2024 | 8 |
December 2024 | 7 |
December 2024 | 2 |
December 2024 | 8 |
December 2024 | 4 |
December 2024 | 9 |
December 2024 | 1 |
December 2024 | 4 |
January 2025 | 22 |
January 2025 | 2 |
January 2025 | 7 |
January 2025 | 2 |
January 2025 | 14 |
January 2025 | 2 |
January 2025 | 18 |
January 2025 | 1 |
January 2025 | 7 |
January 2025 | 4 |
January 2025 | 8 |
January 2025 | 2 |
January 2025 | 9 |
January 2025 | 5 |
January 2025 | 3 |
January 2025 | 6 |
January 2025 | 1 |
January 2025 | 4 |
January 2025 | 120 |
January 2025 | 6 |
January 2025 | 9 |
January 2025 | 12 |
January 2025 | 2 |
January 2025 | 15 |
January 2025 | 4 |
January 2025 | 19 |
February 2025 | 27 |
February 2025 | 4 |
February 2025 | 10 |
February 2025 | 12 |
February 2025 | 32 |
February 2025 | 6 |
February 2025 | 9 |
February 2025 | 6 |
February 2025 | 14 |
February 2025 | 4 |
February 2025 | 8 |
February 2025 | 3 |
February 2025 | 1 |
February 2025 | 5 |
February 2025 | 6 |
February 2025 | 3 |
February 2025 | 15 |
February 2025 | 6 |
February 2025 | 4 |
February 2025 | 3 |
March 2025 | 19 |
March 2025 | 4 |
March 2025 | 5 |
March 2025 | 2 |
March 2025 | 19 |
March 2025 | 15 |
March 2025 | 32 |
March 2025 | 9 |
March 2025 | 9 |
March 2025 | 1 |
March 2025 | 6 |
March 2025 | 12 |
March 2025 | 6 |
March 2025 | 1 |
March 2025 | 5 |
March 2025 | 5 |
March 2025 | 1 |
March 2025 | 9 |
March 2025 | 5 |
March 2025 | 6 |
March 2025 | 6 |
March 2025 | 43 |
March 2025 | 9 |
March 2025 | 3 |
March 2025 | 7 |
March 2025 | 6 |
April 2025 | 18 |
April 2025 | 2 |
April 2025 | 5 |
April 2025 | 1 |
April 2025 | 25 |
April 2025 | 7 |
April 2025 | 6 |
April 2025 | 11 |
April 2025 | 7 |
April 2025 | 13 |
April 2025 | 4 |
April 2025 | 24 |
April 2025 | 5 |
April 2025 | 3 |
April 2025 | 12 |
April 2025 | 6 |
April 2025 | 6 |
April 2025 | 6 |
April 2025 | 6 |
April 2025 | 8 |
April 2025 | 13 |
April 2025 | 8 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.