Torts and Other WrongsTorts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally. |
Contents
1 Torts and Other Wrongs | 1 |
2 What is Tort Law For? The Place of Corrective Justice | 27 |
3 What is Tort Law For? The Place of Distributive Justice | 79 |
4 Backwards and Forwards with Tort Law | 103 |
5 Obligations and Outcomes in the Law of Torts | 133 |
6 Some RuleofLaw Anxieties about Strict Liability in Private Law | 173 |
Political Not Metaphysical | 196 |
8 The Mysterious Case of the Reasonable Person | 226 |
9 The Many Faces of the Reasonable Person | 271 |
10 Public Interest and Public Policy in Private Law | 304 |
11 Breach of Contract as a Special Case of Tort | 333 |
| 347 | |
| 351 | |
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Common terms and phrases
action allocation assignable responsibility basic responsibility breach of contract Coleman common law conformity consequences continuity thesis corrective justice court criminal law defendant distributive justice Dworkin economists Ernest Weinrib explain fact Goldberg and Zipursky hence Honoré Ibid injure injustice interests interpretation John Gardner Joseph Raz judges justificatory justified law of torts Law Review law’s legal norm legal obligations legal rule losses means moral luck moral norm negligence standard norm of corrective objection obligations to succeed one’s Oxford people’s perform ping plaintiff policy arguments possible primary obligation private law problem question rational Rawls reasonable person reasonableness standard reasons to succeed reasons to try relevant remedy reparative damages Ripstein role rule of law Rylands v Fletcher secondary obligation sense standard of justification straightforward obligation strict liability thing tion Tony Honoré tort law tort of negligence tortfeasor unjust enrichment Weinrib wrong