By John Oberdiek
ISBN-10: 0198701381
ISBN-13: 9780198701385
Modern philosophy and tort legislation have lengthy loved a cheerful union. Tort thought this day is an extremely energetic and large ranging box inside criminal philosophy. This quantity brings jointly demonstrated and rising students from all over the world and from various disciplines that convey their unique standpoint to the philosophical difficulties of tort legislation. those flooring breaking essays develop longstanding debates and open up new avenues of enquiry therefore deepening and broadening the sphere. Contributions disguise the most important not easy components of tort legislations, similar to the relatives among accountability, fault, and strict legal responsibility; the morality of injury, repayment, and service; and the connection of tort with legal and estate legislation between many others.
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Additional resources for Philosophical Foundations of the Law of Torts
Sample text
First, for any successful tort claim in which a defendant is deemed liable to a plaintiff, the court is holding the defendant responsible to the plaintiff. 9 Obviously these claims are quite general, which is why responsibility theories can take different forms, depending on how they describe the terms on which the defendant is held responsible to the plaintiff and the grounds on which the defendant is deemed eligible for bearing that responsibility. 9 John Finnis has urged us to discuss how our usage of “responsibility” and its cognates relates to Hart’s famous taxonomy, which identifies four aspects of the concept: (a) role-responsibility, (b) causal-responsibility, (c) liability-responsibility, and (d) capacity-responsibility.
A burglar in a crime-infested neighborhood, an illegal-gun-toting assailant, a drunk driver) would seriously injure a person in the position of the plaintiff. Thus, for example, one can argue that a welfare-conscious landlord in a dangerous neighborhood should ensure that there are working locks on a building’s doors, a welfareconscious manufacturer of handguns should refuse to sell to downstream commercial gun distributors with a record of illegal retail sales, and a welfare-conscious social host should be vigilant about guests’ sobriety.
There are many areas of law in which the state empowers an individual or entity to prevail in a claim against another for payment because the defendant has a legal duty to make that payment. Classic examples involve the federal government, 30 JOHN C . P . GOLDBERG AND BENJAMIN C . ZIPURSKY through the Internal Revenue Service, bringing an enforcement action against a taxpayer who has not paid taxes owed, and a Creditor bringing a breach of contract action for payment of a debt. Defendants in tort cases are not in this position.