Tort law and social morality / Peter M. Gerhart.
"Develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this boo...
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| Main Author: | |
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| Format: | Ebook |
| Language: | English |
| Published: |
Cambridge ; New York :
Cambridge University Press,
2010.
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| Subjects: | |
| Online Access: | Cambridge Books on Core |
| Summary: | "Develops a theory of tort law that integrates deontic and consequential approaches by applying justificational analysis to identify the factors, circumstances, and values that shape tort law. Drawing on Kantian and Rawlsian philosophy, and on the insights of game theorist Ken Binmore, this book refocuses tort law on a single theory of responsibility that explains and justifies the broad range of tort doctrine and concepts. Under this theory, tort law asks people to appropriately incorporate the well-being of others into the decisions they make, explains when that duty applies, and explains the scope and limits of that duty. The theory also incorporates a theory of the evolutionary development of social values that people use, and ought to use, in meeting that duty and explains how decision making from behind the veil of ignorance allows us to evaluate the 'is' in the light of the 'ought'"--Page 4 of cover. |
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| Physical Description: | 1 online resource (xxviii, 257 pages) : illustrations |
| Format: | Mode of access: World Wide Web. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 0511772947 9780511772948 0511775075 9780511775079 0511775830 9780511775833 0511776594 9780511776595 0511777019 9780511777011 0521759749 9780521759748 1282655361 9781282655362 |
| DOI: | 10.1017/CBO9780511777011 |