Philosophical Issues in Tort Law

Oberdiek, John

Abstract

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Philosophical Issues in Tort Law

John Oberdiek

Rutgers, The State University of New Jersey - School of Law - Camden

July 25, 2008

Philosophy Compass, Vol. 3/4, pp. 734-748, 2008

Abstract:
The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.

Number of Pages in PDF File: 15

Keywords: tort law, tort theory, negligence, legal philosophy, risk, duty, breach, causation

JEL Classification: K13

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Date posted: March 18, 2009

Suggested Citation

Oberdiek, John, Philosophical Issues in Tort Law (July 25, 2008). Philosophy Compass, Vol. 3/4, pp. 734-748, 2008. Available at SSRN: http://ssrn.com/abstract=1178562

Contact Information

John Oberdiek (Contact Author)

Rutgers, The State University of New Jersey - School of Law - Camden ( email )

217 N. 5th Street
Camden, NJ 08102-1203
United States