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: Legal Theory Blog

Oberdiek on Philosophical Issues in Negligence Law

By Lawrence Solum

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John Oberdiek (Rutgers University School of Law, Camden) has posted Philosophical Issues in Tort Law (Philosophy Compass, Vol. 3/4, pp. 734-748, 2008) on SSRN. Here is the abstract:

    The union of contemporary philosophy and tort law has never been better. Perhaps the most dynamic current in contemporary tort theory concerns the increasingly sophisticated inquires into the doctrinal elements of the law of torts, with the tort of negligence in particular garnering the most attention from theorists. In this article, I examine philosophically rich issues revolving around each of the elements constituting the tort of negligence: compensable injury, duty, breach, actual cause, and proximate cause.

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Full post as published by Legal Theory Blog on March 27, 2009 (boomark / email).

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