Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Tort Law and Social Morality (Paperback)
Loot Price: R997
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Tort Law and Social Morality (Paperback)
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This book develops a theory of tort law that integrates deontic and
consequential approaches by applying justificational analysis to
identify the factors, circumstances, and values that shape tort
law. Drawing on Kantian and Rawlsian philosophy, and on the
insights of game theorist Ken Binmore, this book refocuses tort law
on a single theory of responsibility that explains and justifies
the broad range of tort doctrine and concepts. Under this theory,
tort law asks people to appropriately incorporate the well-being of
others into the decisions they make, explains when that duty
applies, and explains the scope and limits of that duty. The theory
also incorporates a theory of the evolutionary development of
social values that people use, and ought to use, in meeting that
duty and explains how decision-making from behind the veil of
ignorance allows us to evaluate the is in light of the ought.
General
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