A Theory of Tort Liability(Hart Studies in Private Law 16) H 270 p. 16
内容
This book provides a comprehensive theory of the rights upon which tort law is basedand the liability that flows from violating those rights. Inspired by theaccount of private law contained in Immanuel Kant's Metaphysics of Morals, the books shows that Kant's theoryelucidates a conception of interpersonal wrongdoing that illuminates theoperation of tort law. The book then utilises this conception, applying it tothe various areas of tort law, in order to develop an understanding of theparticular areas in question and, just as importantly, their relationship toeach other. It argues that there are three general kinds of liability found inthe law of tort: liability for putting another or another's property to one'spurposes directly, liability for doing something to a third party that putsanother or another's property to one's purposes, and liability for pursuingpurposes in a way that improperly interferes with the ability of another topursue her legitimate purposes. It terms these forms liability for directcontrol, liability for indirect control and liability for injury respectively. Theresult is a coherent, philosophical understanding of the structure of tortliability as an entire system. In developing its position, the book considersthe laws of Australia, Canada, England and Wales, New Zealand and the UnitedStates.