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The essays in this volume are the result of a project on Values in
Tort Law directed by the Westminster Institute for Ethics and Human
Values. We are indebted to the Board of Westminster Col lege for
its financial support. The project involved two meetings of a mixed
group of lawyers and philosophers to discuss drafts of papers and
general issues in tort law. Beyond the principal researchers, whose
papers appear here, we are grateful to John Bargo, Dick Bronaugh,
Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and
Steve Sharzer for their helpful discussion, and to Nancy Margolis
for copy editing. All of these papers except one have appeared
before in the journal Law and Philosophy (Vol. 1 No.3, December
1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was
previously published in The University of Western Ontario Law
Review (Vol. 20 No.1, 1982) appears here with permission.
Westminster Institute for Ethics and Human Values, M.D.B.
Westminster College, London, Canada B.C. vii INTRODUCTION The law
of torts is society's primary mechanism for resolving disputes
arising from personal injury and property damage."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the domain of a few isolated scholars in law and philosophy.
Hundreds of scholars from diverse fields attend international
meetings on the subject. In some universities, large lecture
courses of five hundred students or more study it. The primary aim
of the Law and Philosophy Library is to present some of the best
original work on legal philosophy from both the Anglo-American and
European traditions. Not only does it help make some of the best
work available to an international audience, but it also encourages
increased awareness of, and interaction between, the two major
traditions. The primary focus is on fu- length scholary monographs,
although some edited volumes of original papers are also included.
The Library editors are assisted by an Editorial Advisory Board of
internationally renowned scholars. Legal philosophy should not be
considered a narrowly circumscribed field. Insights into law and
legal institutions can come from diverse disciplines on a wide
range of topics. Among the relevant disciplines or perspectives
contribut ing to legal philosophy, besides law and philosophy, are
anthropology, economics, political science, and sociology. Among
the topics included in legal philosophy are theories of law; the
concepts of law and legal institutions; legal reasoning and
adjudication; epistemological issues of evidence and pro cedure;
law and justice, economics, politics, or morality; legal ethics;
and theories oflegal fields such as criminal law, contracts, and
property."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the domain of a few isolated scholars in law and philosophy.
Hundreds of scholars from diverse fields attend international
meetings on the subject. In some universities, large lecture
courses of five hundred students or more study it. The primary aim
of the Law and Philosophy Library is to present some of the best
original work on legal philosophy from both the Anglo-American and
European traditions. Not only does it help make some of the best
work available to an international audience, but it also encourages
increased aware ness of, and interaction between, the two major
traditions. The primary focus is on full-length scholarly
monographs, although some edited volumes of original papers are
also included. The Library editors are assisted by an Editorial
Advisory Board of internationally renowned scholars. Legal
philosophy should not be considered a narrowly circumscribed field.
Insights into law and legal institutions can come from diverse
disciplines on a wide range of topics. Among the relevant
disciplines or perspectives contributing to legal philosophy,
besides law and philosophy, are anthropol ogy, economics, political
science, and sociology. Among the topics included in legal
philosophy are theories of law; the concepts of law and legal
institu tions; legal reasoning and adjudication; epistemological
issues of evidence and procedure; law and justice, economics,
politics, or morality; legal ethics; and theories of legal fields
such as criminal law, contracts, and property."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the domain of a few isolated scholars in law and philosophy.
Hundreds of scholars from diverse fields attend international
meetings on the subject. In some universities, large lecture
courses of five hundred students or more study it. The primary aim
of the Law and Philosophy Library is to present some of the best
original work on legal philosophy from both the Anglo-American and
European traditions. Not only does it help make some of the best
work available to an international audience, but it also encourages
increased aware ness of, and interaction between, the two major
traditions. The primary focus is on full-length scholarly
monographs, although some edited volumes of original papers are
also included. The Library editors are assisted by an Editorial
Advisory Board of internationally renowned scholars. Legal
philosophy should not be considered a narrowly circumscribed field.
Insights into law and legal institutions can come from diverse
disciplines on a wide range of topics. Among the relevant
disciplines or perspectives contributing to legal philosophy,
besides law and philosophy, are anthropol ogy, economics, political
science, and sociology. Among the topics included in legal
philosophy are theories of law; the concepts of law and legal
institu tions; legal reasoning and adjudication; epistemological
issues of evidence and procedure; law and justice, economics,
politics, or morality; legal ethics; and theories of legal fields
such as criminal law, contracts, and property."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the domain of a few isolated scholars in law and philosophy.
Hundreds of scholars from diverse fields attend international
meetings on the subject. In some universities, large lecture
courses of five hundred students or more study it. The primary aim
of the Law and Philosophy Library is to present some of the best
original work on legal philosophy from both the Anglo-American and
European traditions. Not only does it help make some of the best
work available to an international audience, but it also encourages
increased awareness of, and interaction between, the two major
traditions. The primary focus is on fu- length scholary monographs,
although some edited volumes of original papers are also included.
The Library editors are assisted by an Editorial Advisory Board of
internationally renowned scholars. Legal philosophy should not be
considered a narrowly circumscribed field. Insights into law and
legal institutions can come from diverse disciplines on a wide
range of topics. Among the relevant disciplines or perspectives
contribut ing to legal philosophy, besides law and philosophy, are
anthropology, economics, political science, and sociology. Among
the topics included in legal philosophy are theories of law; the
concepts of law and legal institutions; legal reasoning and
adjudication; epistemological issues of evidence and pro cedure;
law and justice, economics, politics, or morality; legal ethics;
and theories oflegal fields such as criminal law, contracts, and
property."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the do main of a few isolated scholars in law and
philosophy. Hundreds of scho lars from diverse fields attend
international meetings on the subject. In some universities, large
lecture courses of five hundred students or more study it. The
primary aim of the Law and Philosophy Library is to present some of
the best original work on legal philosophy from both the Anglo
American and European traditions. Not only does it help make some
of the best work available to an international audience, but it
also en courages increased awareness of, and interaction between,
the two major traditions. The primary focus is on full-length
scholarly monographs, aIthouogh some eidted volumes of original
papers are also included. The Library editors are assisted by an
Editorial Advisory Board of inter nationally renowned scholars."
During the last half of the twentieth century, legal philosophy (or
legal theory or jurisprudence) has grown significantly. It is no
longer the do main of a few isolated scholars in law and
philosophy. Hundreds of scho lars from diverse fields attend
international meetings on the subject. In some universities, large
lecture courses of five hundred students or more study it. The
primary aim of the Law and Philosophy Library is to present some of
the best original work on legal philosophy from both the Anglo
American and European traditions. Not only does it help make some
of the best work available to an international audience, but it
also en courages increased awareness of, and interaction between,
the two major traditions. The primary focus is on full-length
scholarly monographs, aIthouogh some eidted volumes of original
papers are also included. The Library editors are assisted by an
Editorial Advisory Board of inter nationally renowned scholars."
The essays in this volume are the result of a project on Values in
Tort Law directed by the Westminster Institute for Ethics and Human
Values. We are indebted to the Board of Westminster Col lege for
its financial support. The project involved two meetings of a mixed
group of lawyers and philosophers to discuss drafts of papers and
general issues in tort law. Beyond the principal researchers, whose
papers appear here, we are grateful to John Bargo, Dick Bronaugh,
Craig Brown, Earl Cherniak, Bruce Feldthusen, Barry Hoffmaster and
Steve Sharzer for their helpful discussion, and to Nancy Margolis
for copy editing. All of these papers except one have appeared
before in the journal Law and Philosophy (Vol. 1 No.3, December
1982 and Vol. 2 No.1, Apri11983). Chapman's paper which was
previously published in The University of Western Ontario Law
Review (Vol. 20 No.1, 1982) appears here with permission.
Westminster Institute for Ethics and Human Values, M.D.B.
Westminster College, London, Canada B.C. vii INTRODUCTION The law
of torts is society's primary mechanism for resolving disputes
arising from personal injury and property damage."
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