Philosophical Foundations of the Law of Torts

Abstract

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.

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