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Philosophy of Tort Law

In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press (2002)

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  1. Directed Duty, Practical Intimacy, and Legal Wronging.Abraham Sesshu Roth - 2021 - In Teresa Marques & Chiara Valentini (eds.), Collective Action, Philosophy and Law. London: Routledge. pp. 152-174.
    What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...)
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  • Why we ought to be (reasonable) subjectivists about justification.Andrew Botterell - 2007 - Criminal Justice Ethics 26 (1):36-58.
    My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by Robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...)
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  • Evaluating the Source of the Risks Associated with Natural Events.Colleen Murphy & Paolo Gardoni - 2011 - Res Publica 17 (2):125-140.
    Within philosophy there has been little discussion of the risks associated with natural events such as earthquakes. The first objective of this paper is to demonstrate why such risks should be the subject of more sustained philosophical interest. We argue that we cannot simply apply to risks associated with natural events those insights and frameworks for moral evaluation developed in the literature considering ordinary risks, technological risks and the risks posed by anthropogenic climate change. The second objective of this paper (...)
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  • Insurance of Techno-Organizational Ventures and Procedural Ethics: Lessons from the Deepwater Horizon Explosion. [REVIEW]Alexandros-Andreas Kyrtsis - 2011 - Journal of Business Ethics 103 (S1):45-61.
    Hazardous operational consequences of unethical behavior in high-risk projects can be traced back to inadequate relationships between businesses and the insurance industry. The communication of blame, as a consequence of major industrial accidents like the explosion of the Deepwater Horizon drilling rig in the Gulf of Mexico in April 2010, and the relevance of this communication of blame for subsequent insurance litigation, show that the awareness of the relationship between unethical behavior resulting in irresponsible procedural action and deficient loss-prevention practices (...)
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