Binding: Hardcover
Description: Non - instrumentalist private law theory has been dominated by an interpretivist methodology that seeks to understand the concepts doctrines and structures of the law in principled terms. This has resulted in the neglect of purely normative analysis and a failure to engage systematically with the methodologies of moral and political philosophy. Wrongs Harms and Compensation: Paying for our Mistakes departs from this approach arguing instead that the justification of tort law is dependent on our underlying moral corrective duties. In this book Adam Slavny develops a pluralistic account of these duties which encompasses both wrongful and non - wrongful conduct complicating the view that torts should be regarded as a coherent set of wrongs. He also places the practice of enforcing corrective duties in a broader context arguing that it should not be isolated or immune to critiques based on distributive justice and that our duties are in fact consistent with institutional arrangements other than tort law including various types of compensation schemes. What emerges is neither a wholesale defence of or attack on tort law but an insistence that its normative foundations are much more complex diverse and malleable than a focus on current legal practices would suggest.
Title: Wrongs Harms And Compensation Paying For Our Mistakes
Author(s): Slavny Adam (Associate Professor Associate Professor University Of Warwick)
Publisher: Oxford University Press
Barcode: 9780192864567
Pages: 240 Pages
Publication Date: 12/1/2023
Series: Oxford Private Law Theory
Category: Torts / Delicts