TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Monday, October 22, 2007

Postema on "Philosophy and the Law of Torts"

Over at Legal Theory, Larry Solum recommends a new book edited by Gerald Postema titled "Philosophy and the Law of Torts."   Originally published in 2001, the paperback edition has just been released.   The book includes essays by Postema, Gregory Keating, Stephen Perry, Martin Stone, Jules Coleman, Arthur Ripstein & Benjamin Zipursky, Mark Geistfeld, and Bruce Chapman.

From the book's front flap:

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. Amongst the questions they address are the following:  How are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood?  Is an explanation based on a conception of justice feasible?  How are concerns of distributive and corrective justice related?  What amounts to an adequate explanation 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.


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