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Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.
This collection investigates the theoretical foundations of tort law and its conceptual relationship to other categories of legal wrongs. John Gardner, a prominent legal philosopher, utilizes analytical jurisprudence to examine the moral and structural underpinnings of private law. The essays argue that tort law functions not merely as a mechanism for compensation, but as a system deeply embedded in principles of corrective justice and moral responsibility.
What You Will Find
Scope Limits
Legal scholars frequently cite this collection as a foundational text for understanding the philosophical dimensions of private law. Readers often note the high level of academic density and the rigorous logical structure of the prose.
Page Count:
370
Publication Date:
2019-01-01
Publisher:
OUP Oxford
ISBN-10:
0192596152
ISBN-13:
9780192596154
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