Philosophical Foundations of the Law of Torts

John Oberdiek, Professor of Law, Rutgers University

John Oberdiek is Professor at the Rutgers University School of Law. His is also a Director of the Rutgers Institute for Law and Philosophy, Associate Graduate Faculty in the Rutgers Department of Philosophy, Co-Editor of the journal Law and Philosophy, and has been a Laurance S. Rockefeller Visiting Fellow at the University Center for Human Values at Princeton.

Introduction: Philosophical Foundations of the Law of Torts John Oberdiek
Part I: Foundations of Tort Law
1. Tort Law and Responsibility, John C.P. Goldberg and Benjamin C. Zipursky
2. Torts, Rights, and Risk, Stephen Perry
3. Compensation as a Tort Norm, Mark A. Geistfeld
4. Tort as a Substitute for Revenge, Scott Hershovitz
5. Structure and Justification in Contractualist Tort Theory, John Oberdiek
6. On the "Property" and the "Tort" in Trespass, Eric R. Claeys
7. Tort Law and Public Functions, Peter Cane
Part II: Harms, Wrongs, Responsibility, and Liability
8. What Might have Been, Victor Tadros
9. Why Reparations?, Rahul Kumar
10. Repairing Harms and Answering for Wrongs, R.A. Duff
11. Tort Processes and Relational Repair, Linda Radzik
12. Tort Liability and Taking Responsibility, David Enoch
13. Exploring the Relationship Between Consent, Assumption of Risk, and Victim Negligence, Kenneth W. Simons
14. Strict Liability Wrongs, Gregory C. Keating
15. Normative Theories of Punitive Damages: The Case of Deterrence, Anthony J. Sebok
Part III: Distributive Justice in Tort Law
16. What is Tort Law For? Part 2. The Place of Distributive Justice, John Gardner
17. Tort Law and Distributive Justice, Hanoch Sheinman
Part IV: Skeptical Perspectives
18. Finding No Fault With Negligence, Heidi M. Hurd
19. Confused Culpability, Contrived Causation, and the Collapse of Tort Theory, Larry Alexander and Kimberly Kessler Ferzan
Bibliography