Add to ORKGRecent reexaminations of the principles of tort liability have entertained two possible rationales for the fault principle, one "moral" and the other economic. Neither is satisfactory. I propose here a third rationale and show how it suffices to refute at least some of the challenges to the negligence system. The character of this rationale is causal, and the central thesis of this paper is that in as much as the tort system should aim to place the costs of accidents on the source of those accidents, then we have not yet found an acceptable alternative to the negligence system. This thesis is defended and developed through a reexamination of some recent theories of strict liability and reflection on some of what has been said about ...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
During the formative period of most of the current doctrines of negligence law, liability in tort wa...
Courts around the world are increasingly considering whether liability should exist in various types...
Recent reexaminations of the principles of tort liability have entertained two possible rationales ...
Despite the outpouring of interest in tort and criminal theory over the last thirty years, not much ...
Despite the outpouring of interest in tort and criminal theory over the last thirty years, not much ...
The attempt which common law courts have made to resolveevery major problem of legal liability in to...
Two theories of tort liability influence modern tort law. The corrective justice theory ( CJT ) hold...
In contemporary tort theory, both economists and moralists advance the view that tort law can be und...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives,...
What we need is a uniformly accepted theory that explains the tort liability system in terms of its ...
Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives,...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
During the formative period of most of the current doctrines of negligence law, liability in tort wa...
Courts around the world are increasingly considering whether liability should exist in various types...
Recent reexaminations of the principles of tort liability have entertained two possible rationales ...
Despite the outpouring of interest in tort and criminal theory over the last thirty years, not much ...
Despite the outpouring of interest in tort and criminal theory over the last thirty years, not much ...
The attempt which common law courts have made to resolveevery major problem of legal liability in to...
Two theories of tort liability influence modern tort law. The corrective justice theory ( CJT ) hold...
In contemporary tort theory, both economists and moralists advance the view that tort law can be und...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives,...
What we need is a uniformly accepted theory that explains the tort liability system in terms of its ...
Conventional wisdom in the economic analysis of tort law holds that legal errors distort incentives,...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that ...
During the formative period of most of the current doctrines of negligence law, liability in tort wa...
Courts around the world are increasingly considering whether liability should exist in various types...