Risks and wrongs
著者
書誌事項
Risks and wrongs
（Cambridge studies in philosophy and law）
Cambridge University Press, 1992
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
This major new book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional 'rational choice' liberalism in favor of the view that the market operates as a rational way of fostering stable relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible.
目次
- Preface
- Acknowledgements
- Introduction
- Part I. The Market Paradigm: 1. Rationality and cooperation
- 2. Competition and cooperation
- 3. Law and markets
- 4. Efficiency and market failure
- Part II. Safeguard and Risks: 5. The rational agreement
- 6. Safeguarding
- 7. Calculus and contexts
- 8. Filling in the gaps
- 9. From contracts to torts
- Part III. Rectifiable Wrongs: 10. The goals of tort law
- 11. Fault and strict liability
- 12. The ecomomic analysis of torts
- 13. Reciprocity of risk
- 14. Causation, responsibility, and strict liability
- 15. Liability and recovery
- 16. The mixed conception of corrective justice
- 17. Wrongfulness
- 18. Corrective justice and tort law
- 19. Justifiable departures from corrective justice
- 20. Product liability
- 21. Liberalism revisited
- Notes
- Index.
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