Tort law and social morality / Peter M. Gerhart.

Format:

Book

Author/Creator:

Gerhart, Peter M., author.

Language:

English

Subjects (All):

Torts--Social aspects--United States.

Torts.

Physical Description:

1 online resource (xxviii, 257 pages) : digital, PDF file(s).

Other Title:

Tort Law & Social Morality

Place of Publication:

Cambridge : Cambridge University Press, 2010.

Language Note:

English

Summary:

This book 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 light of the ought.

Contents:

Law as a social institution

Social cohesion and social values : the reasonable person

An integrated normative analysis

Kantian duty

Rawlsian consequentialism : Rawls and social cohesion

Social cohesion and autonomy : the justificational boundary of duty

Social cohesion and moral agency : the justification for proximate cause

Social cohesion and strict liability

Using another's property

Product liability : social cohesion and agency relationships

Customer-centered enterprise liability

Social cohesion and knowledge : the intentional torts

The whole in one.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

0-511-84849-8

1-107-20933-1

1-282-65536-1

9786612655364

0-511-77583-0

0-511-77401-X

0-511-77659-4

0-511-77294-7

0-511-77701-9

0-511-77507-5

OCLC:

645939919