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Title: Philosophical Foundations of Tort Law by David G. Owen ISBN: 0-19-826579-4 Publisher: Oxford Univ Pr on Demand Pub. Date: August, 1997 Format: Paperback Volumes: 1 List Price(USD): $49.95 |
Average Customer Rating: 4.33 (3 reviews)
Rating: 5
Summary: Great collection
Comment: I bought a whole stack of books on law and philosophy during the several months before I actually started law school (in fall 2000, at the age of 37). Most of them were just for "personal use"; as you can tell from my other reviews, I have a longstanding interest in philosophy anyway. But I waited until I completed a semester before reviewing them, so that I could plug the ones I found most useful.
This is one of them. There are nineteen essays in this volume, all by heavy hitters among today's legal theorists. Almost every single essay is about the philosophical foundations -- or lack thereof -- of the concepts of tort law. And almost every one of them is extremely helpful in understanding the rationale(s), if any, behind these concepts. (Wanna know what a "necessary element of a sufficient set" is, and what it has to do with the legal concept of causation? See Tony Honore's essay. Wanna know what intent has to do with torts? Check out John Finnis's piece.)
Now, I'm not saying you _need_ this book as a first-year law student. You don't. But if you have a background or an interest in philosophy, it will be of tremendous help to you -- both as a series of discourses that elaborate critically on the fundamentals you'll be studying in class, and as an introduction to the current crop of legal scholars. If you like this stuff, you'll want to go on to, e.g., John Finnis's _Natural Law and Natural Rights_, or Jules Coleman's _Markets, Morals and the Law_ and _Risks and Wrongs_, or . . .
And quite apart from the intrinsic interest of the material itself, if your torts professor, like mine, is interested in public-policy issues, you'll find this collection extremely handy. It _may_ even help you eke out a few extra exam points (though I don't know yet whether it did so for me).
(A valuable bonus for all you law-and-economics watchers: Richard Posner has an essay in here in which he admits the justice of most major criticisms of his outlook -- but says he doesn't care because he no longer has any confidence in systematic moral theories anyway. His retreat to pragmatism is unsurprising; Richard Wright has two brilliant pieces in here that, among other things, pretty much demolish the foundations of L&E. Wright's critique of the much-abused "Hand formula" alone is priceless.)
By the way, the _other_ book I found very useful (though expensive) was _Liability and Responsibility_, edited by Frey and Morris. That volume complements this one pretty well.
Rating: 4
Summary: An excellent book
Comment: In my view, it's the best compilation about philosophy matters about tort law. It seems to me that this book includes interesting works such as : "The Practice of Corrective Justice" by Coleman; Wealth Maximization and Tort Law.." by Posner; Right, justice and tort law by Wright; Intention in tort law by Finnis, The basis for excluding liability for economic loss in tort law, by Benson; Necessary and sufficient conditions in tort law by Honoré; Contributory negligence.. by Simons; Risk, harm and responsibility by Perry, and so on. Without the slightest doubt if you like the tort law, you should have it.
Rating: 4
Summary: torts attorneys, take note
Comment: Very good. The numerous essays included provide torts attorney (as well as the otherwise interested) a good opportunity to sit back, relax, and rediscover the many and fascinating issues which underlie his industry. As much as in any other field of law, plaintiffs' attorneys (and also the defense bar) focus their attentions to what the law is, to the neglect of why it came to be that way and how it ought to be. Read this to return to your philosphically concerned earlier days. Leave your procedure-dominated worklife behind for a moment and examine again the central questions, more deeply than when studying the casebook: what is agency? responsibility? what role punishment in tort law? to focus on rights or strictly economic considerations? is there room for principle in tort law? A convenient opportunity also to visit or revisit the legal theories, as focussed upon tort, of such important legal theorists as Richard Posner and Jules Coleman, among others. In the end, in your daily life you'll revert to the the law as it is-but once again you'll possess the intellectual grist to ask, Is there or might there be a coherent theory behind this important field of law, or is the practice of tort litigation merely a compromise, worked out over the years, patched together out of the various initially principled approaches?
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Title: Tort Law in America: An Intellectual History by G. Edward White ISBN: 0195035992 Publisher: Oxford University Press Pub. Date: February, 1985 List Price(USD): $30.00 |
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Title: Prosser and Keeton on the Law of Torts (Hornbook Series) by William Prosser, W. Page Keeton, Dan B. Dobbs, Robert E. Keeton, David G. Owen ISBN: 0314748806 Publisher: West Pub. Date: 1984 List Price(USD): $52.00 |
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Title: Concepts and Case Analysis in the Law of Contracts (University Textbook Series) by Marvin A. Chirelstein ISBN: 1587781972 Publisher: Foundation Press Pub. Date: May, 2001 List Price(USD): $25.95 |
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Title: The Economic Structure of Tort Law by William M. Landes, Richard A. Posner ISBN: 0674230515 Publisher: Harvard Univ Pr Pub. Date: May, 1987 List Price(USD): $52.00 |
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Title: Accidental Justice: The Dilemnas of Tort Law by Jeffrey O'Connell, Peter Alan Bell ISBN: 0300078579 Publisher: Yale Univ Pr Pub. Date: April, 1999 List Price(USD): $19.00 |
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