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.


1 Torts and Other Wrongs
2 What is Tort Law For? The Place of Corrective Justice
3 What is Tort Law For? The Place of Distributive Justice
4 Backwards and Forwards with Tort Law
5 Obligations and Outcomes in the Law of Torts
6 Some RuleofLaw Anxieties about Strict Liability in Private Law
Political Not Metaphysical
8 The Mysterious Case of the Reasonable Person
9 The Many Faces of the Reasonable Person
10 Public Interest and Public Policy in Private Law
11 Breach of Contract as a Special Case of Tort
Name Index
Subject Index

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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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