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Philosophy and the Law of Torts

Cambridge University Press (2001)

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  1. Social Ontology.Brian Epstein - 2018 - Stanford Encyclopedia of Philosophy.
    Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...)
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  • Can tort law be moral?Avihay Dorfman - 2010 - Ratio Juris 23 (2):205-228.
    According to the established orthodoxy, the law of private wrongs—especially common law torts—fails to map onto our moral universe. Four objections in particular have caught the imagination of skeptics about the moral foundations of tort law: They purport to cast doubt over the moral appeal of the duty of care element; they target the seemingly inegalitarian objective standard of care; they object to the morally arbitrary elements of factual causation and harm; and they complain about the unnecessary extension of liability (...)
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