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Necessary and sufficient conditions in tort law

In David G. Owen (ed.), Philosophical Foundations of Tort Law. Oxford University Press. pp. 363--385 (1995)

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  1. Actual Causation.Enno Fischer - 2021 - Dissertation, Leibniz Universität Hannover
    In this dissertation I develop a pluralist theory of actual causation. I argue that we need to distinguish between total, path-changing, and contributing actual causation. The pluralist theory accounts for a set of example cases that have raised problems for extant unified theories and it is supported by considerations about the various functions of causal concepts. The dissertation also analyses the context-sensitivity of actual causation. I show that principled accounts of causal reasoning in legal inquiry face limitations and I argue (...)
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  • Corrective Justice and the Possibility of Rectification.Seth R. M. Lazar - 2008 - Ethical Theory and Moral Practice 11 (4):355-368.
    In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...)
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  • Genetic Transmission of Disease: A Legal Harm?Catherine Stanton - 2016 - Health Care Analysis 24 (3):228-245.
    This paper considers whether existing law could potentially be used to criminalize the transmission of genetic disease. The paper argues that even if an offence could be made out, the criminal law should not be involved in this context for many reasons, including the need to protect reproductive liberty and pregnant women’s rights. The paper also examines whether there might be scope for civil claims between reproductive partners for a ‘failure to warn’ of potential genetic harm and argues there are (...)
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  • Causation in the law.Antony Honoré - 2008 - Stanford Encyclopedia of Philosophy.
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