Justice, Rights, and Tort Law

ISBN-13: 9789027716392 / Angielski / Twarda / 1983 / 272 str.

Bruce Chapman; Michael D. Bayles; M. E. Bayles

Opis

The essays in this volume are the result of a project on Values in Tort Law directed by the Westminster Institute for Ethics and Human Values. We are indebted to the Board of Westminster Col- lege for its financial support. The project involved two meetings of a mixed group of lawyers and philosophers to discuss drafts of papers and general issues in tort law. Beyond the principal researchers, whose papers appear here, we are grateful to John Bargo, Dick Bronaugh, Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and Steve Sharzer for their helpful discussion, and to Nancy Margolis for copy editing. All of these papers except one have appeared before in the journal Law and Philosophy (Vol. 1 No.3, December 1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was previously published in The University of Western Ontario Law Review (Vol. 20 No.1, 1982) appears here with permission. Westminster Institute for Ethics and Human Values, M.D.B. Westminster College, London, Canada B.C. vii INTRODUCTION The law of torts is society's primary mechanism for resolving disputes arising from personal injury and property damage.

Spis treści

Ethical Issues in the Law of Tort.- Moral Theories of Torts: Their Scope and Limits (Parts 1 and 2).- The Search for Synthesis in Tort Theory.- Toward a Moral Theory of Negligence Law.- Tort Liability for Breach of Statute.- Putting Fault Back into Products Liability.- Liability for Failing to Rescue.- Rights, Goals, and Hard Cases.