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The Philosophical Foundations of Tort Law - Oxford Scholarship Online
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The Philosophical Foundations of Tort Law

David G. Owen


This collection of 22 chapters on the philosophical fundamentals of tort law assembles many of the world’s leading commentators on this conjunction of law and philosophy. The contributions range broadly, from inquiries into how tort law derives from Aristotle, Thomas Aquinas, and Immanuel Kant to the latest economic and rights-based theories of legal responsibility. A closing chapter illuminates how tort law enables philosophers to observe the abstract theories of their discipline put to a concrete test in the legal resolution of real-world controversies based on principles of right and wrong.

Keywords: philosophical fundamentals, tort law, philosophy, Aristotle, Thomas Aquinas, Immanuel Kant, rights-based theories, legal responsibility, moral philosophers, abstract theories

Bibliographic Information

Print publication date: 1997 Print ISBN-13: 9780198265795
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198265795.001.0001


Affiliations are at time of print publication.

David G. Owen, editor
University of South Carolina

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Part I The Nature and Realm of Tort Law and Philosophy

Part II Principles and Values Underlying Tort Law

Right, Justice, and Tort Law


Part III Philosophical Perspectives on Tort Law Problems

section A Responsibility and the Basis of Liability

Intention in Tort Law


Section B: Connecting Agency and Harm: Risk, Causation, and Damage

Section C Victim Responsibility for Harm

End Matter