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Tort Law and Social Morality

$41.99 (C)

  • Date Published: April 2013
  • availability: Available
  • format: Paperback
  • isbn: 9780521759748

$ 41.99 (C)
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About the Authors
  • This book develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision-making from behind the veil of ignorance allows us to evaluate the is in light of the ought.

    • Integrates corrective justice and economic approaches to tort law
    • Provides a single unifying theory of responsibility to explain and justify tort law
    • Explains the moral theory that justifies tort law's commands, while linking that theory to the particular concepts that tort law employs
    • Provides a roadmap to analyzing tort cases
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    Product details

    • Date Published: April 2013
    • format: Paperback
    • isbn: 9780521759748
    • length: 286 pages
    • dimensions: 229 x 152 x 15 mm
    • weight: 0.39kg
    • contains: 3 b/w illus.
    • availability: Available
  • Table of Contents

    Part I. Other-Regarding Behavior:
    1. Law as a social institution
    2. Social cohesion and social values: the reasonable person
    Part II. The Normative Justification:
    3. An integrated normative analysis
    4. Kantian duty
    5. Rawlsian consequentialism: Rawls and social cohesion
    Part III. The Theory Applied:
    6. Social cohesion and autonomy: the justificational boundary of duty
    7. Social cohesion and moral agency: the justification for proximate cause
    8. Social cohesion and strict liability
    9. Using another's property
    10. Product liability: social cohesion and agency relationships
    11. Customer-centered enterprise liability
    12. Social cohesion and knowledge: the intentional torts
    Part IV. Lessons and Extrapolations:
    13. The whole in one.

  • Author

    Peter M. Gerhart, Case Western Reserve University, Ohio
    Professor Gerhart is a graduate of Northwestern University and the Columbia Law School. He practised law with Weil, Gotshal, and Manges before entering teaching in 1975. Before serving as Dean of the Case Western Reserve School of Law from 1986 to 1996, he was an expert in antitrust law, publishing widely in the area and serving as consultant to both the ABA Commission on the Future of Antitrust Law and the Carter Commission for the Review of Antitrust Laws and Procedures. Since 1996 he has specialized in international economic law, tort law, and legal theory.

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