Book Cover
Book
Author Englard, Izhak.

Title The philosophy of tort law / Izhak Englard
Published Aldershot ; Brookfield USA : Dartmouth, [1993]
©1993

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Location Call no. Vol. Availability
 MELB  KN 30 Eng/Pot  AVAILABLE
Description ix, 254 pages ; 24 cm
Series Dartmouth series in applied legal philosophy
Applied legal philosophy.
Contents Pt. I. Theories of Tort Law. 1. Moral Responsibility and Social Utility. 2. Corrective Justice and Distributive Justice. 3. Fault and Strict Liability. 4. Critical Analysis. The Monistic Theories. Calabresi's Economic Theory of Liability. Posner's Cost-benefit Analysis. A Critical Comment on Deterrence. Weinrib's Non-instrumental, Moral Notion of Tortious Liability. Rule Scepticism. Pluralist Theories. 5. The Idea of Complementarity: A Philosophical Basis for Legal Pluralism. 6. Historical-Comparative Analysis -- Pt. II. Alternative Compensation Systems. 7. Alternative Compensation Systems -- Pt. III. Practices of Tort Law. 8. Introduction. 9. Constitutional Judicial Review. 10. Defamation and Privacy. 11. Punitive Damages. 12. Informed Consent: The Problem of Autonomy and Compensation. 13. The Duty to Control Conduct of Other Persons: The Prevention of Crime. Doctor, Patient and Third-party Victim. Landlord's Liability for Crimes Committed Upon, or Adjacent to, Premises
The Duty of Public Authorities to Protect Citizens Against Crime. 14. The Duty to Prevent Harm from Third Parties: The Problem of Emotional Distress. 15. The Duty to Prevent Harm from Third Parties: The Problem of Economic Loss. 16. Mass Torts. 17. Conclusion
Analysis Torts
Notes "Dartmouth series in applied legal philosophy"--Ser. pref
Bibliography Includes bibliographical references (pages 231-247) and index
Subject Law -- Philosophy.
Liability (Law)
Torts.
LC no. 92028725
ISBN 1855211092