Abstract

http://ssrn.com/abstract=1608462
 
 

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Philosophy of Tort Law


Arthur Ripstein


University of Toronto - Faculty of Law

2001

THE OXFORD HANDBOOK OF JURISPRUDENCE AND LEGAL PHILOSOPHY, Jules Coleman, Scott Shapiro, eds., Oxford: Oxford University Press, 2001

Abstract:     
Tort law answers two of the most fundamental questions faced by any society: "how should people treat each other" and "whose problem is it when things go wrong". Tort law is striking because it supposes that the question of how people treat each other and the question of whose problem it is when things go wrong are at bottom the same question. If plaintiff is to recover from defendant, defendant must have breached a norm of conduct that governs the ways in which he may treat her. My aim in this chapter is to explain the way tort law brings the two questions together.

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Date posted: May 21, 2010  

Suggested Citation

Ripstein, Arthur, Philosophy of Tort Law (2001). THE OXFORD HANDBOOK OF JURISPRUDENCE AND LEGAL PHILOSOPHY, Jules Coleman, Scott Shapiro, eds., Oxford: Oxford University Press, 2001. Available at SSRN: http://ssrn.com/abstract=1608462

Contact Information

Arthur Ripstein (Contact Author)
University of Toronto - Faculty of Law ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
(416) 978-0735 (Phone)
(416) 978-2648 (Fax)
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