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Conflict between equals : tort law beyond wrong, harm, and cost / Avihay Dorfman.
- Format:
- Book
- Author/Creator:
- Dorfman, Avihay, author.
- Series:
- Oxford private law theory
- Language:
- English
- Subjects (All):
- Torts--Philosophy.
- Torts.
- Physical Description:
- 1 online resource.
- Place of Publication:
- Oxford : Oxford University Press, [2026]
- Summary:
- 'Conflict between Equals' argues that tort law has to be understood and ultimately vindicated as the actualization of two theories: the conflict and the equality theory of tort law. It is not harm, wrongdoing, or social cost that gives us reason to have tort law in the first place. Instead, it is human conflict-specifically, conflict between our fundamental interests-that serves as the moral function of tort law. How we respond to such conflicts determines which harms, wrongs, or costs should, if at all, be addressed by tort law. The conflict theory elaborates on the nature and normative significance of three types of conflict: inherently valuable, tolerably valuable, and valueless. The theory emphasizes the importance of preventing valueless conflict, containing tolerably valuable conflict, and constructing the conditions necessary for inherently valuable conflict to arise.
- Contents:
- Why tort law? Two challenges
- The conflict theory : foundations
- Inherently valuable conflicts : elaboration and illustrations
- Tolerably valuable conflicts : duties liberate
- Valueless conflicts : why and when suing in tort law matters
- Valueless omissions : easy rescue redux
- The legal practice of conflict : tort law in action
- The propriety of proprietary conflicts : nuisance law
- The propriety of proprietary conflicts : trespass law
- The tort of discrimination
- Equality first
- Why tort duties? Why tort law? Relating as agents
- Tort duties for egalitarians : relating as substantive equals
- Due care and substantive equality : Hand formula redux
- Egalitarian accommodation
- Equality and uncertainty : the burden of proof in tort lawsuits
- The tort of private censorship.
- Notes:
- Includes bibliographical references and index.
- Online resource; title from home page (Oxford Academic, viewed May 5, 2026).
- Other Format:
- Print version: Dorfman, Avihay. Conflict between equals
- ISBN:
- 9780198979869
- 019897986X
- 9780198979845
- 0198979843
- 9780198979852
- 0198979851
- OCLC:
- 1579622166
- Publisher Number:
- CIPO000365460
- Access Restriction:
- Restricted for use by site license
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