Philosophical Foundations of Tort Law

By David G. Owen | Go to book overview
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abnormally dangerous activities
catastrophic accidents, evaluation of lives lost in 287-8
class, defining 286
combining risks 290-1
cost-benefit analysis 286
crop-dusting cases 284
escape of gas cases 284
harm from 155-6
liability rule applied to 286
maximin decision
comparison to Bayesian decision- making 289-92
contractarian interpretation 293
individual rational choice, as principle of 294
interpretation of 293
meaning 289
principle of 292-6
small number of outcomes, application to 290
social rationality, as principle of 294
strict liability, not recommending 295
mischief, escape likely to cause 282
mistaken cases 279
pile driving, analysis of 283
principles in examining cases of 278
reasons for finding activities to be 277
responsibility, allocating 278
risk, meaning 281
safety precautions 281
seriousness of harm thesis
additional development and refinement of 297
Bayesian expected-utility decision- making efficiency analysis, difficulties with 285-9
development of 282-5
factors in 285
justification 285-96
magnitude of loss, focus on 297
maximin strategy, comparison to Bayesian decision-making 289-92
normative foundation, need for 296
over-inclusive nature of 284
simplicity of 285
strict liability for 277, 295
technological risks 287-8
traditional theories of 297
trespassing-animal cases 283
uncommonness and size of risk, rejection as determinants of 279-81
unfairly distributed risks, assessment of 288
worst-case scenarios 294-5
cost of treating 306
fault central to 201
fault, theory of 223
meaning 205
natural causes, with 306
truth, involvement of 205
utility concept, formulation of 215
victims, compensating 406
Ackerman, Bruce102
duty to compensate, not explaining 358
harm, connecting to 18-23
human 355-6
pre-moral concept of 356
belief of 59
cognitivist 60
Aquinas, Thomas1, 131, 134, 140-1, 145-7
Aristotle1, 131-4, 137, 140, 145-6, 166-71, 211
Attanasio, John17
Austin, J.L.487
abstract rights 207
Calabresian theory, effect on 310-14
comparison of defenses 314-16
concern of 308
distributional concerns 315
egalitarian conception of autonomy, as 307-10
first order principle, not 314
heretical notion of 300
libertarian and egalitarian theory, reconciliation of 300-1, 315-16
principle of 17
range of policies, implications as to 309-10
strict equality of condition, avoiding 309
weak principle of 300, 308-9
choices, acting on 209
definition 307
intrusion into 220
liberty differentiated 307


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