Torts and Other Wrongs

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Oxford University Press, 2019 - Law - 358 pages
Torts 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
Name Index
347
Subject Index
351
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About the author (2019)


The late John Gardner was a Senior Research Fellow at All Souls College, prior to which he was the Professor of Jurisprudence at the University of Oxford from 2000 to 2016. He held senior visiting positions at Yale, Princeton, and Cornell among many others, and was elected a Fellow of the British Academy in 2013.

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